Rule 57 Rule 58 Rule 59 Rule 60 Rule 61

Preliminary Attachment Preliminary Injunction Receivership Replevin Support pendent

lite
requisites 1. right in esse
2. invasion of the
right
3. grave and
irreparable injury
grounds (a) In an action for the (a) That the (a) When it (a) That the 1. Plaintiff
recovery of a specified applicant is appears from applicant is has
amount of money or entitled to the the verified the owner personalit
damages, other than relief demanded, application, of the y to seek
moral and exemplary, and the whole or and such property support
on a cause of action part of such relief other proof claimed, 2. Defendan
arising from law, consists in as the court particularly t is
contract, quasi- restraining the may require, describing obliged to
contract, delict or commission or that the it, or is provide
quasi-delict against a continuance of party entitled to support
party who is about to the act or acts applying for the 3. The needs
depart from the complained of, or the possession of the one
Philippines with intent in requiring the appointment thereof; needing
to defraud his creditors; performance of of a receiver support
an act or acts has an (b) That the and proof
(b) In an action for money either for a interest in property is therefor
or property embezzled limited period or the property wrongfully
or fraudulently perpetually; or fund detained
misapplied or which is the by the
converted to his own (b) That the subject of adverse
use by a public officer, commission, the action or party,
or an officer of a continuance or proceeding, alleging the
corporation, or an non-performance and that such cause of
attorney, factor, of the act or acts property or detention
broker, agent, or clerk, complained of fund is in thereof
in the course of his during the danger of according
 employment as such, or litigation would being lost, to the best
by any other person in a probably work removed, or of his
fiduciary capacity, or injustice to the materially knowledge,
for a willful violation of applicant; or injured informatio
duty; unless a n, and
(c) That a party, receiver be belief ;
(c) In an action to recover court, agency or a appointed to
the possession of person is doing, administer (c) That the
property unjustly or threatening, or is and preserve property
fraudulently taken, attempting to do, it; has not
detained or converted, or is procuring or been
when the property, or suffering to be (b) When it distrained
any part thereof, has done some act or appears in an or taken for
been concealed, acts probably in action by the a tax
removed, or disposed violation of the mortgagee assessment
of to prevent its being rights of the for the or a fine
found or taken by the applicant foreclosure pursuant to
applicant or an respecting the of a law, or
authorized person; subject of the mortgage seized
action or that the under a
(d) (d)In an action against a proceeding, and property is in writ of
party who has been tending to render danger of execution
guilty of a fraud in the judgment being wasted or
contracting the debt or ineffectual. or dissipated preliminary
incurring the obligation or materially attachment
upon which the action injured, and , or
is brought, or in the that its value otherwise
performance thereof; is probably placed
insufficient under
(e) In an action against a to discharge custodia
party who has removed the mortgage legis, or if
or disposed of his debt, or that so seized,
property, or is about to the parties that it is
have so exempt
 do so, with intent to stipulated in from such
defraud his creditors; or the contract seizure or
of mortgage; custody;
(f) In an action against a and
party who does not (c) After
reside and is not found judgment, to (d) The actual
in the Philippines, or on preserve the market
whom summons may property value of the
be served by during the property.
publication. pendency of
an appeal, or
to dispose of
it according
to the
judgment, or
to aid
execution
when the
execution
has been
returned
unsatisfied
or the
judgment
obligor
refuses to
apply his
property in
satisfaction
of the
judgment, or
otherwise to
carry the
 judgment
into effect;

(d) Whenever in
other cases it
appears that
the
appointment
of a receiver
is the most
convenient
and feasible
means of
preserving,
administerin
g, or
disposing of
the property
in litigation.
requirement 1. affidavit of merit 1. verified 1. verified 1. verified 1. verified
s a. applicant/pers application application petition petition
on who  facts 2. application 2. bond = 2x 2. affidavits,
personally entitling bond = 2x the value of depositio
knows the facts the value of the n, or other
/ verified applicant personal property authentic
b. a sufficient to the property document
cause of action relief 3. receiver’s e: third s in
exists demande bond, for party support
c. the case is one d after he claimant thereof
of those 2. bond takes oath
mentioned in 3. hearing note: this is the
section 1 4. notice only provisional
d. there is no remedy that does
other sufficient not require bond
 security for the e: if matter is of extreme
claim sought to urgency + applicant will
be enforced by suffer grave injustice and
the action irreparable injury  ex
e. the amount parte issuance of 72 hour
due to the TRO  if extended, +17
applicant, or days TRO
the value of the
property the
possession of
which he is
entitled to
recover, is as
much as the
sum for which
the order is
granted above
all legal
counterclaims
2. bond
subject real property acts property, whether personal property money
property personal property real or personal, any other form of
subject of the action support
when to file at the commencement of the prior to the judgment and during pendency of at the at the
action final order action commencement of commencement
before entry of judgment after pendency of the action of the proper
action but before before answer action or
execution (?) proceeding
during pendency of prior to the
appeal judgment or final
order
execution not immediate immediate not immediate not immediate immediate
 e: property is perishable goods
 immediately executory 
property will be sold
damages defendant file for damages in
the same action

required: show that attachment

is improper, irregular, or
excessive

when:
before trial
before appeal is perfected
before judgment is executory

bond yes yes yes yes no

required
how to claim: same how to claim: same
manner in 57.20 manner in 57.20
necessity of no, ex parte allowed yes yes no, ex parte yes
hearing allowed