PROVISIONAL REMEDIES
Preliminary Attachment Preliminary
Purpose To have property of adverse
party attached as security for the
satisfaction of judgment that may
be recovered in cases falling
under Sec 1, Rule 57.
When At the commencement of the
applied/granted action or at any time prior to the
entry of judgment
How applied for
File affidavits and applicant’s
bond
Court where action is pending,
the CA or the SC even if action
Who may grant is pending in the lower court.
Requisites for • Sufficient cause of action
granting • Case is covered by section
application 1 Rule 57
• No other sufficient security
for the claim exists
• Amount due to applicant or
value of property he is
entitled to recover is equal
to the sum for which the
order of attachment is
granted
Where property is When third-party claimant makes
claimed by third an affidavit of his title to the
person property or his right to the
possession thereof, and serves
such affidavit to the sheriff and a
copy thereof to the attaching
party, the sheriff shall not be
bound to keep the property
unless the attaching party files a
bond approved by the court to
indemnify the third-party
claimant in a sum not less than
the value of the property levied
upon. Claim for damages for the
taking or keeping the property
must be filed within 120 days
from filing of the bond.
Receivership
Injunction/Preliminary
Mandatory Injunction
To require a party or a court, agency
or a person to refrain from doing a
particular act or acts or to require the
performance of a particular act or
acts.
At any stage prior to the judgment
or final order
File verified application and
applicant’s bond; if application is
included in the initiatory pleading,
the adverse party should be served
with summons together with a copy
of the initiatory pleading and the
applicant’s bond
Only the Court where the action is
pending; Lower Court, Ca or SC
provided action is pending in the
same court which issues the
injunction.
• Applicant is entitled to the
relief demanded
• Act/s complained of would
work injustice to the applicant
if not enjoined
• Acts sought to be enjoined
probably violates applicants
rights respecting the subject of
the action or proceeding
Replevin
To place the property subject of an action or
proceeding under the control of a third party
for its preservation and administration litis
pendentia
At any time prior to satisfaction of judgment
File verified application and applicant’s bond;
application may also be included in initiatory
pleading in actions for foreclosure of mortgage
Court where action is pending, the CA or the
SC even if action is pending in the lower
court. Appellate court may allow application
for receivership be decided by the court of
origin.
• Applicant has interest in the property or
fund subject matter of the action or
proceeding
• Property or fund is in danger of being
lost removed or materially injured
• Appointment of receiver is the most
convenient and feasible means of
preserving, administering or disposing of
the property in litigation
Support Pendente Lite
To compel adverse party to provide
To recover possession of personal support while action is pending in
property court
At the commencement of the At the commencement of the
action but before answer is filed action or at any time prior to the
judgment or final order
File verified application; bond not
required
File affidavits and applicant’s
bond
Only in the court where action is Court of origin and appellate court.
pending (See Ramos v. CA)
• Applicant is the owner of the • Affidavits, depositions or
property claimed or is other documents should
entitled to the possession of show, at least provisionally,
the same that the applicant is entitled to
• Property is wrongfully receive support
detained by the adverse party
• Property is not distrained or
taken for a tax assessment or
a fine pursuant to law
When third-party claimant makes
an affidavit of his title to the
property or his right to the
possession thereof, and serves
such affidavit to the sheriff and a
copy thereof to the attaching party,
the sheriff shall not be bound to
keep the property under replevin
unless the applicant files a bond
approved by the court to
indemnify the third-party claimant
in a sum not less than double the
value of the property levied upon.
Claim for damages for the taking
or keeping the property must be
filed within 120 days from filing
of the bond.
1
 Preliminary Attachment Preliminary Receivership Replevin Support Pendente Lite
Injunction/Preliminary
Mandatory Injunction
Bond executed to the adverse party
in double the value of the
Bond requirement Bond executed to the adverse party in the amount fixed by the court to cover the costs which may be adjudged to the property for the return of the
adverse party and all damages which he may sustain by reason of the granting of provisional remedy prayed for, if the court property to the adverse party if No bond required
shall finally adjudge that the applicant was not entitled thereto such return be adjudged, and for
the payment to the adverse party of
such sum as he may recover from
the applicant of the action
By counter-bond: Party against whom the provisional remedy is availed of, may move for the discharge of the provisional remedy granted by filing a counter-
bond in an amount equal to that fixed by the court or equal to the value of the property if with respect to a particular property to secure the payment of any
judgment that the adverse party may recover in the action

Not applicable.

Discharge of
remedy

Filing of counter-bond made only

Cash deposit may be made in
lieu of the counter-bond
Other grounds: improper or
irregular issuance or enforcement
or insufficiency of the bond
upon showing that the issuance or
continuance thereof would cause
irreparable damage to the party or Amount of counter-bond should
person enjoined while the applicant also be double the value of the
can be fully compensated for such property
damages as he may suffer ; counter-
bond alone will not suffice to
discharge the injunction.
Insufficiency of the application Appointment was obtained without sufficient
cause

2
 Preliminary Attachment Preliminary Receivership Replevin Support Pendente Lite
Injunction/Preliminary
Mandatory Injunction
Damages in case When judgment or final order finds
applicant for any the person who has been providing
of the provisional support pendente lite not liable
remedies not • Owner of property attached must file before trial or before perfection of appeal application for damages therefor:
entitled thereto or • Party who availed of provisional remedy and his surety or sureties must be notified , showing right to damages and amount thereof
for any • Damages awarded only after proper hearing; included in judgment of the main case • Court shall order the
irregularity in the recipient to return the
procurement of If judgment of appellate court is favorable to the party against whom provisional remedy was effected: amounts already received
provisional with interest from the dates of
remedy • Application must be filed with the appellate court before the judgment of the appellate court becomes executory actual payment
• Appellate court may allow application to be heard and decided by the trial court • Recipient may obtain
reimbursement from the
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award: person legally obliged to give
support (separate action must
• Adverse party may recover damages in the same action be filed for the purpose)
• If recipient fails to reimburse
the amount, person who
provided the same may seek
reimbursement from the
person legally obliged to give
the support (separate action
must be filed for the purpose)