ATENEO CENTRAL BAR OPERATIONS 2007
Rem ed ial Law
SUMMER REVIEWER
PROVISIONAL REMEDIES
PROVISIONAL REMEDIES - writs and processes
available during the pendency of the action which
may be resorted to by a litigant to preserve and
protect his rights and interests therein, pending
rendition, and for the purpose of ultimately affecting a
final judgment in the case.
Provisional - constituting temporary measures
availed of during the pendency of the action.
Ancillary - incidents in and dependent on the result
of the main action.
PROVISIONAL REMEDIES AVAILABLE UNDER
THE RULES OF COURT
Rule 57: Preliminary Attachment
Rule 58: Preliminary Injunction
Rule 59: Receivership
Rule 60: Replevin
Rule 61: Support Pendente Lite  converted to own use by a public officer, or
When Provisional Remedies Available
1. Attachment, injunction, and support pendente  employment; or any person acting in fiduciary
lite  may be applied for before final judgment.
2. Replevin may be applied before the answer.
3. Receivership may be applied for at any stage
of the action and even after final judgment.
When Bond is Required and How Amount of
Bond is Determined
1. For attachment and injunction , bond is
always required from the plaintiff but the
amount of the bound to be filed by the
applicant TIFFis(Uncompress
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discretion of the court.
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2. In preliminary attachment and replevin, if
the applicant is the Republic of the
Philippines, no bond shall be required.
3. In receivership, the bond as fixed by the
court is not always required of the petitioner,
whether or not the appointment of a receiver
has been applied for ex parte .
 —Ad vise rs: Atty. Tranq
vise rs: Tranq uil Salv
Salv ad or III ; Hea
Hea d: Mary Eliz
Natividad ; Und
Und erstud
erstud ies: Neliza Mac apa yag , Benjamin
Law
4. In replevin, the bond to be posted by the
applicant is an amount double the value of
the personal property to be seized.
5. In applications for support pendente lite , no
bond is generally required from the applicant.
RULE 57
PRELIMINARY ATTACHMENT
Section 1. Grounds upon which attachment may 
issue 
When May Application for Attachment Be Made
1. At the commencement of the action; or
2. At any time
time before entry of judgment.
In What Actions Attachment Proper
a) In an action for the recovery of specifiedspecified
amount of money and damages, except
moral or exemplary, on a cause of action
arising from law, contract, quasi-contract,
delict or quasi-delict against a party who is
about to depart from the Phils with intent to
defraud creditors;
b) In an action for money or property
embezzled; fraudulently misapplied or
an officer of a corporation, or an attorney,
factor, broker, agent, or clerk in course of
capacity, or for willful violation of duty;
c) In an action
action to recover
recover the possession
possession of
property unjustly or fraudulently taken,
detained or converted, when the property is
removed, concealed or disposed of to
prevent its being found or taken by the
applicant or an authorized person;
d) In an action against party who has been
guilty of fraud in contracting the debt or
incurring the obligation upon which action is
brought; or in the performance thereof;
e) In an action against party who has removedremoved
or disposed of property, or is about to do so,
with intent to defraud creditors; or
f) In an action against party who does not
reside and is not found in the Phils, or on
whom summons may be served by
publication.
Erana v. Vera 74 Phil. 272 (1944) 
Elizab
ab eth M. Belmo
Belmo nte, Renee
Renee Lynn C. Mic iano, Ma . Cec illia
illia G.
ies: Neliz
Benjamin C. Yan
Yan —
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When civil action has been waived or reserved, and so also removed from the jurisdiction of the court 
no application for attachment in the criminal action  a quo.
can be allowed and granted.
Properties Exempt from Execution
All properties exempt from execution are likewise
Ramcar, Inc. v. De Leon 78 Phil. 449 (1947)  exempt from attachment. (Sec. 13, Rule 59)
When civil action is suspended due to the filing of 
the criminal action, no attachment may issue in the  Section 3. Affidavit and Bond Required 
criminal action because civil action remains pending 
in court. REQUIREMENTS FOR ISSUANCE OF WRIT OF
ATTACHMENT
Adlawan v. Torres 233 SCRA 645 (1994)  1. Affidavit of the applicant, or some other
Mortgage of property does not amount to  person who personally knows the facts,
removal/disposal so as to come w/in the purview of  showing that:
Sec1(e) Rule57. a. sufficient cause of action exists;
b. the case
case is one of those mentioned
mentioned
Carpio v. Macadaeg 9 SCRA 552 (1963)  in Section 1; and
Mere removal or disposal of property does not  c. There is no other sufficient security
  justify an attachment. There must be a showing of  for the claim sought to be enforced
intent to defraud defendant’s creditors before the writ  by the action, and that the amount
of attachment may issue. due the applicant, or the value of the
property the possession of which he
Two-Fold Purpose of Attachment is entitled to recover, is as much as
1. To seize the property of the debtor debtor in the sum for which the order is
advance of final judgment and to hold it for granted above all legal
purposes of satisfying the said judgment;
j udgment; counterclaims.
2. To enable the court to acquire jurisdiction 2. Bond
over the action by the actual or constructive
seizure of the property in those instances Section 4. Condition of applicant’s bond 
where personal service of summons on the
creditor cannot be effected. Conditions of the Applicant’s Bond
The bond shall answer for:
Section 2. Issuance and contents of order  1. All the costs which may be adjudged to the
adverse party; and
How Order of Attachment Issued 2. All damages which he may sustain by
1. Ex parte ; or reasons of the attachment.
2. Upon motion with notice and hearing.
Section 5. Manner of Attaching Property 
By Whom Order Attachment Issued
1. The court
court in which the action is pending;
pending; PRINCIPLE OF PRIOR or CONTEMPORANEOUS
2. The Court of Appeals; or JURISDICTION
3. The Supreme Court. Enforcement of writ of preliminary attachment must
be preceded by or simultaneously accompanied by
Uy v. CA 215 SCRA 859 (1992)  service of summons, copy of complaint, application
The trial court may validly issue a writ of  and affidavits for the attachment and the bond upon
preliminary attachment even
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and a case is on appeal. the adverse party.
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preservation of the rights of the parties which do not  BUT the requirement of prior or contemporaneous
involve any matter litigated on appeal. service of summons shall not apply where:
a. the summons
summons could not be served despite
Olib v Pastoral 188 SCRA 692 (1990)  diligent efforts; or
Where the main action is appealed, the  b. the defendant is a resident of the Phils
attachment which may have been issued as an  temporarily absent therefrom; or
incident of that action is also considered appealed  c. the defendant is a non-resident of the Phils;
or
d. the action is in rem or quasi in rem .

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Section 11. When attached property may be sold 

Davao Light v. CA 204 SCRA 343 (1991)  after levy on attachment and before entry of 
Prior or contemporaneous service of summons is   judgment 
not necessary for the validity of the ISSUANCE of a 
writ of attachment. When Property Attached May be Sold
a. hearing and notice;
Onate v. Abrogar 241 SCRA 659 (1995)  b. property perishable or interests of all may be
Prior or contemporaneous service of summons is  subserved by sale;
necessary for the validity of the ENFORCEMENT of a  c. sale by public auction; and
writ of attachment. d. proceeds deposited in court.

Section 6. Sheriff’s return  Section 12. Discharge of attachment upon giving 

counterbound 
Section 7. Manner of attaching property  Section 13. Discharge of attachment on other 
grounds 
Manner of Attaching Property
a. real property, growing crops, interest GROUNDS FOR DISCHARGE
therein - Order and Notice to Register of 1. Debtor has posted
posted a counterbond or has
Deeds and Occupant or his agent within the made the requisite cash deposit;
province; 2. Improper or irregular issuance of attachment;
b. personal property capable of manual 3. Improprer or irregular enforcement of
delivery - sheriff to take and safely keep it, attachment;
then issue a receipt; 4. Bond is insufficient;
c. stocks or shares - writ and notice to 5. Attachment is excessive, in which case the
president or managing agent; discharge is limited to the excess;
d. debts, credits, bank deposits, royalties, 6. Property attached is exempt
exempt from execution;
commissions, personal property or
incapable of manual delivery - writ and 7. Judgment is rendered against the the attaching
attaching
notice to debtor or person in control thereof; creditor.
e. interest in estate of deceased - writ and
notice to executor/administrator, clerk of Mindanao Savings and Loan Association, Inc. v.
court where estate being settled, and CA 172 SCRA 480 (1989) 
heir/devisee/legatee; Objections to the impropriety or irregularity of writ 
f. property in custodia legis - writ to the of attachment may no longer be invoked once a 
court/agency and notice to custodian. counterbond is filed.

Section 8. Effect of attachment of debts, credits  Calderon v IAC 155 SCRA 531 (1987) 
and all other similar personal property  The dissolution of a writ of attachment by virtue 
of the filing of a counterbond by the defendant does 
Perla Compania v. Ramolete 203 SCRA 487 (1991)  not dissolve the applicant’s bond and the same may 
In order to bind the garnishee on a writ of  be proceeded against by the defendant.
garnishment, previous service of summons is not 
required; only service upon him of the writ of  Section 14. Proceedings where property claimed 
garnishment is needed. by third person 

Section 9. Effect of QuickTime™

attachment and a of interest in  Terceria
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property belonging
belonging to the estate of the decedent 
are needed to see this picture. The third-party claimant or any third person may
vindicate his claim to the property in the same or
Section 10. Examination of party whose property  separate action. ( Sec. 16, Rule 39 )
is attached and persons indebted to him or 
controlling his property; delivery of property to  Uy v. CA 191 SCRA 275 (1990) 
sheriff  Where the sheriff attaches a property claimed by 
a third person, such person may institute a separate 
action to vindicate his right. The rule that property in 
custody of the law may not be interfered with by 

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another court applies only in cases where the  b. When damages was sustained by a third
property belongs to the defendant or one in which he  person not a party to the action.
has an interest.

Section 15. Satisfaction of judgment out of 

property attached; return of sheriff  RULE 58
Section 16. Balance due collected upon an  PRELIMINARY INJUNCTION
execution; excess delivered to judgment obligor 
Section 1. Preliminary injunction defined; classes 
Satisfaction of Judgment
a. proceeds of sales of perishable or other PRELIMINARY PROHIBITORY INJUNCTION
properties; An order granted at any stage of an action or
b. if there is a balance, sell real or personal proceeding prior to judgment or final order, requiring
properties (attached) in sheriff’s hand or with a party or court, agency or person to refrain from a 
clerk of court; particular act or acts.
c. if there is a balance, collect garnished
amounts; PRELIMINARY MANDATORY INJUNCTION
d. if there is a balance after (a) + (b) + (c) less An order granted at any stage of an action or
expenses of proceedings upon judgment, proceeding prior to the judgment or final order,
ordinary execution. requiring the performance of a particular act or acts.

Section 17. Recovery upon the counter-bond  PRELIMINARY PROHIBITION

INJUNCTION
Executory Judgment Generally directed Directed against a court,
When judgment becomes executory, sureties on against party to the tribunal, or a person
counterbond to lift attachment are charged and can action but may be against exercising judicial, quasi-
be held liable for the amount of judgment and costs any person  judicial, or ministerial
upon notice and summary hearing. There is no need functions
to first execute judgment against the judgment obligor Does NOT involve the May be on the ground
before proceeding against sureties.  jurisdiction of the court that the court against
whom the writ is issue
Section 18. Disposition of money deposited  sought acted without or
in excess of jurisdiction
Section 19. Disposition of attached property  May be the main action Always a main action
where judgment is for party against whom  itself or just a provision
attachment was issued  remedy in the main
action
Section 20. Claim for damages on account of 
improper, irregular or excessive attachment  Section 2. Who may grant preliminary injunction 
injunction 

When to Apply for Damages Against the Who May Grant

Attachment Bond 1. The court where the action or proceeding is
a. Before trial; pending;
b. Before appeal is perfected; 2. If the
the action or proceeding is pending in the
c. Before judgment becomes executory; or Court of Appeals or in the Supreme Court, it
d. In the appellateQuickTime™
court for and a damages
damages pending may be issued by said court or any member
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appeal, before judgment becomes
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Claims for Damages Acosta v Alvendia 109 Phil. 1017 (1960) 

Claims for damages cannot be subject of The RTC cannot restrain or enjoin acts being 
independent action EXCEPT: perpetrated or to be perpetrated outside of its 
a. When principal
principal case is dismissed by the the trial territorial boundaries.
court for lack of jurisdiction without giving the
claiming party opportunity to prove claim for Decano v. Edu 99 SCRA 410 (1980) 
damages;

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Where the main action is the annulment of the  • case of persecution rather than
action of the respondent and the injunction is merely  prosecution,
corollary, trial court of locality  where questioned act  • charges manifestly false and motivated
is to be implemented has
implemented has jurisdiction. by lust for vengeance,
• there is clearly no prima facie  case
Section 3. Grounds for issuance of preliminary  against accused and,
injunction  • motion to quash on said ground is
denied, and
GROUNDS FOR ISSUANCE • preliminary injunction issued by SC to
a. Plaintiff is entitled to
to relief demanded which prevent threatened unlawful arrest of
consists in restraining or requiring the petitioners.
performance of acts (the latter is preliminary
mandatory injunction); Actions Where Preliminary Injunction Does Not
b. The commission
commission of acts or non-performance Lie
during pendency of litigation would probably a. Injunction will generally not be granted to
work injustice to the plaintiff; OR take property out of the possession of one
c. Defendant is doing, threatening,
threatening, attempting party and place it in another whose title not
or is procuring or suffering to be done some clearly established;
act/s in violation of plaintiff’s rights respecting b. When action for damages would adequately
the subject of the action and tending to compensate injuries caused ( Golding v.
render judgment ineffectual. Balatbat , 36 Phil. 941);
c. To prevent directors from discharging their
Actions Where Preliminary Injunction Lies offices and restoring former directors;
a. In petitions for relief from judgment entered entered d. To restrain
restrain criminal prosecution where
where the
through fraud, accident, mistake or Ombudsman had authorized the Special
excusable negligence; prosecutor to conduct a preliminary
b. In petitions for certiorari, prohibition, and investigation or to file an injunction.
mandamus;
c. In actions for annulment of judgments Allure Manufacturing
Manufacturing v. CA 199 SCRA 285 (1991) 
obtained through fraud; As a rule, injunction is not proper where its 
d. In actions for annulment
annulment of judgments which purpose is to take property out of the possession or 
are not patent nullities (want of jurisdiction, control of one party and place it in the hands of 
lack of due process of law) ( Banco Espanol  another party whose title has not been clearly 
v. Palanca , 37 Phil. 921); established by law.
e. To restrain continued breach of valid
negative obligation; Cagayan de Oro Landless Residents Association 
f. To enjoin repeated trespass on land; v. CA 254 SCRA 200 (1996) 
g. To restrain city from proceeding with Although as a general rule, a court should not, by 
abatement of nuisance per accidens before it means of preliminary injunction, transfer property in 
has been judicially declared as such; litigation from the possession of one party to another,
h. To restrain voting of disputed shares of this rule admits of some exceptions. For example,
stocks; when there is a clear finding of ownership and 
i. To restrain sheriff from selling property property on possession of the land or unless the subject land is 
execution not belonging to judgment debtor; covered by a torrens title pointing to one of the 
  j. To restrain criminal prosecutions as an parties as the undisputed owner.
exception, in theQuickTime™
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• to afford adequate
are needed to see this picture. protection to Sydicated Media Access Corp. v. CA 219 SCRA
constitutional rights of accused, 794 (1993) 
• when there is a pre-judicial question To be entitled to an injunctive write, a party must 
which is sub judice, show that: (1) the invasion of right sought to be 
• prosecution under an invalid law, protected is material and substantial; (2) the right of 
• double jeopardy is clearly apparent, complainant is clear and unmistakable; and (3) there 
• court without jurisdiction over the is an urgent and paramount necessity for the writ to 
offense, prevent serious damage.

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Section 4. Verified application and bond for  GENERAL RULE: No preliminary injunction shall be
preliminary injunction or temporary restraining  granted without hearing and prior notice to the party
order  or person sought to be enjoined.
Section 5. Preliminary injunction not granted 
without notice; exception  EXCEPTION: When temporary restraining order may
General Procedure
1. Verified application
2. Injunction bond
3. Raffle of case requires
requires notice
notice and presence
of party enjoined only in multiple sala court
when the application is included in a
complaint or any initiatory pleading
4. Service of summons to precede or
accompany notice of raffle
5. Summary hearing for all parties necessary
before issuing TRO
EX-PARTE TRO
EX-PARTE  TRO
a. Matter of extreme urgency, and applicant
applicant will
suffer grave injustice and irreparable injury;
b. Executive judge of multiple-sala
multiple-sala court or
presiding judge of single sala court may
issue ex-parte  TRO effective for 72 hours
from issuance;
c. Judge shall immediately cause upon adverse
party service of summons, complaint,
affidavit, and bond;
d. Within 72 hours, thethe judge shall conduct a
summary hearing to determine whether the
TRO shall be extended until application for
preliminary injunction can be heard (total
period of TRO up to 20 days only including
the 72 hours);
e. If application for preliminary injunction is
denied or not resolved within said period,
TRO deemed automatically vacated (except,
if it is issued by CA or member- effective for
60 days from service of copy; if issued by SC
or member- effective until further orders).
IRREPARABLE INJURY
By “irreparable injury” is not meant such injury as is
beyond the possibility of repair, or beyond possible
compensation in damages, nor necessarily great
injury or great damage,QuickTime™but that and a
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to on the one hand or inflicted on the other; and
because it is so large on the one hand, or so small on
the other, is of such constant and frequent recurrence
that no fair or reasonable redress can be had
therefore in a court of law.
Preliminary Injunction Not Granted
Notice
be issued ex parte .
Duration of Temporary Restraining Order
If great or irreparable injury  would result to the
applicant before the matter can be heard on notice,
the court may issue a temporary restraining order,
effective only 20 days from notice on the party sought
to be enjoined.
If the matter is of extreme urgency and the applicant 
will suffer grave injustice and irreparable injury , the
 judge may issue ex parte a TRO effective only for 72
hours from issuance. Its effectivity may be extended
after conducting a summary hearing within the 72
hours period until the application for preliminary
injunction can be heard.
The total period of effectivity of the TRO shall not
exceed 20 days including the 72 hours.
Federation of Land Reform Farmers of the 
Philippines
Philippines v. CA 246 SCRA 175 (1995) 
While the efficacy of a TRO is, ordinarily, non- 
extendible and trial courts have no discretion to 
extend it considering the mandatory tenor of Rule 58,
there is no reason to prevent a court from extending 
the 20-day period when it is the parties themselves 
who ask for such extension or for the maintenance of 
the status quo.
Paras v. Roura 163 SCRA 1 (1988) 
A TRO issued by the trial court or CA expires 
automatically upon the lapse of the 20 day period and 
60 day period respectively. There is no need for any 
 judicial declaration of dissolution.
Section 6. Grounds for objection to, or for motion 
of dissolution of, injunction or restraining order 
Grounds for Denial of Application or Dissolution
of Injunction
a. Showing of insufficiency of application;
b. Other grounds
grounds upon affidavits of the party
party or
person enjoined, which may be opposed by
the applicant also by affidavits;
c. When Defendant is permitted to post a
counterbond it appearing that he would
sustain great and irreparable injury if
Without injunction granted or continued while plaintiff
can be fully compensated;
d. Applicant’s bond is insufficient or defective .
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does not seem reasonable to the court that either

Interim Rules of Procedure for Intra-Corporate party should hold it.
Controversies
A party may apply for any of the provisional remedies Section 1. Appointment of receiver 
provided in the Rules of Court as may be available
for the purposes of the action. However, no In What Cases Receiver May Be Appointed
temporary restraining order  or status quo order  shall Upon a verified application, one or more receivers of
be issued save in exceptional cases and only after the property subject of the action or proceeding may
hearing the parties and the posting of a bond. ( Sec. be appointed by the court where the action is
1, Rule 10 ) pending, or by the Court of Appeals, or by the
Supreme Court, or a member thereof, in the following
Garcia v. Burgos, reiterated in Admin. Circular  cases:
No. 7-99, promulgated 25 June 1999  a. The party
party applying for thethe appointment of a
No TRO, preliminary injunction or preliminary  receiver has an interest in the property or
mandatory injunction may issue against the  fund subject of the action and such is in
government in cases involving implementation of  danger of being lost, removed, or materially
government infrastructure projects. injured unless a receiver is appointed;
b. In an action by the mortgagee
mortgagee for foreclosure
De la Cruz v. Tan Torres 107 Phil. 1163 (1960)  of mortgage when the property is in danger
Mere filing of a counterbond is not sufficient to  of being wasted or materially injured and that
dissolve a writ of preliminary injunction. The writ may  its value is probably insufficient to discharge
be granted or dissolved only upon good and valid  the mortgage debt, OR that the parties have
grounds. To warrant dissolution, aside from the  so stipulated in the contract of mortgage;
counterbond, the party enjoined must also show that  c. After judgment, to preserve
preserve the property
the injunction will cause him irreparable damage  during the pendency of the appeal, or to
while applicant can be compensated for damages he  dispose of it according to the judgment, or to
may suffer (show through hearing). Filing a  aid in execution when execution has been
counterbond to dissolve injunction is not a matter of  returned unsatisfied or the judgment debtor
right . refuses to apply his property to satisfy
 judgment, or to carry out the judgment;
d. In other cases wherewhere it appears appointing
Section 7. Service of copies of bonds; effect of 
one is the most convenient and feasible
disapproval of same 
means to preserve, administer, or dispose of
the property in litigation.
Section 8. Judgment to include damages against 
party and sureties 
Descallar v. CA 224 SCRA 566 (1993) 
Appointment of a receiver is not proper where the 
Paramount Insurance
Insurance v. CA 310 SCRA 377 (1999) 
rights of the parties are still to be determined by the 
The requisites for judgment for damages against 
trial court. There is no showing that grave or 
the surety/ies are: (1) the application for damages 
irremediable damage may result to the applicant 
must be filed in the same case where the bond was 
unless a receiver is appointed. The real property in 
filed; (2) such application for damages must be filed 
question is real property. Hence, it is neither 
before entry of judgment; and (3) there must be 
perishable nor consumable. Even though it is 
hearing and notice to the surety.
mortgaged to a third person, there is no evidence that 
payment of the mortgage obligation is being 
Section 9. When final injunction granted  neglected. In any event, applicant’s rights and 
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are needed to see this picture. interests may be adequately protected during the 
pendency of the action by causing his adverse claim 
to be annotated on the certificate of title.
RULE 59
RECEIVERSHIP
Section 2. Bond on appointment of receiver 
Section 3. Denial of application or discharge of 
Receiver
receiver 
An indifferent person between the parties to a cause,
appointed by the court to receive and preserve the
Causes for Denial of Application or Discharge of
property or fund in litigation pendente lite , when it
Receiver

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a. Appointment sought is without sufficient Person who neglects or refuses upon reasonable
cause; demand to deliver to receiver property subject of the
b. Adverse party files sufficient bond for receivership may be sanctioned as follows:
damages; a. may be punished for contempt; and
c. Applicant’ bond is insufficient; or b. shall be liable to the receiver for the money
d. Receiver’s bond is insufficient. or the value of the property refused or
neglected to be surrendered with all
damages that may be sustained by party/ies
entitled thereto as consequence of such
neglect or refusal.
Sanson v. Barrios 63 Phil. 198 (1936) 
The appointment of a receiver lies within the  Section 8. Termination of receivership; 
sound discretion of the court. It is not a matter of  compensation of receiver 
absolute right even when stipulated for by the parties.
Termination of Receivership
Ylarde v. Enriquez 78 Phil. 527 (1947)  Termination of receivership may be ordered by court
An order appointing a receiver is interlocutory. motu proprio or upon motion of either party after
Certiorari, not appeal, is the proper remedy. determining, after due notice and hearing, that
necessity for receiver no longer exists.
Section 4. Oath and bond of receiver 
Section 9. Judgment to include recovery against 
Bond sureties 
Both the applicant for receivership and the receiver
appointed must file separate bonds. Claims Against Bond
In claims against the bond, it shall be filed,
Section 5. Service of copies of bonds; effect of  ascertained and granted under the same procedure
disapproval of same  as Section 20, Rule 57, whether it be damages
against the applicant’s bond for the unlawful
Section 6. General powers of receiver  appointment of the receiver or for enforcing the
liability of the sureties of the receiver’s bond by
GENERAL POWERS OF A RECEIVER reason of the receiver’s management (in the latter
1. Bring and defend, in such capacity, actions in case, no longer need to file a separate action) .
his own name;
2. Take and keep possession of property in
controversy;
3. Receive rents; RULE 60
4. Collect debts due to himself as receiver or to REPLEVIN
the fund, property, estate, person, or
corporation of which he is a receiver; Calo v. Roldan 76 Phil. 445 (1946) 
5. Compound for and compromise the same; Delivery of personal property as a provisional 
6. Make transfers; remedy consists in the delivery, by order of the court 
7. Pay outstanding debts; of a personal property by the defendant to the 
8. Divide the money and other property that plaintiff, who shall give a bond to assure the return 
shall remain among persons legally entitled thereof or the payment of damages to the defendant 
to receive the same; if plaintiff’s action to recovery possession of the same 
9. Invest funds in his hands
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court upon arewritten consent
needed to see this picture. of all the parties possession of said property, or prevent the defendant 
to action; from damaging, destroying or disposing of the same 
10. Do acts respecting the property as court may during the pendency of the suit.
authorize.
BA Finance v. CA 258 SCRA 102 (1996) 
Section 7. Liability for refusal or neglect to deliver  It is both a form of principal remedy and a 
property to receiver  provisional relief. It is also described as a mixed 
action because it is partly in rem and partly in 
Neglect or Refusal to Deliver Property personam. It is in rem insofar as recovery of specific 

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personal property is concerned, and it is in personam  him results in dismissal of the action against his co- 
insofar as the claim for damages is concerned. defendant third party possessor.

BONDS Chua v. CA 222 SCRA 85 (1993) 

a. Applicant’s Bond Where personal property is seized under a search 
- executed to the adverse party in double warrant and there is reason to believe that the 
the value of the property as stated in seizure will not anymore be followed by the filing of a 
affidavit for the return of such property criminal action, and there are conflicting claims over 
and for payment of such sum as adverse the seized property, the proper remedy is the filing of 
party may recover from applicant in the the action for replevin, or an interpleader filed by the 
action. (Sec.2, Rule 60 ) Government in the proper court, not necessarily the 
b. Counterbond for Adverse Party same one which issued the search warrant. However,
- also called as the redelivery bond  where there is still probability that the seizure will be 
- for the return of the property to the followed by the filing of a criminal action (eg.
adverse party Preliminary investigation provisionally dismissed), or 
- must be filed bond in the court where the the criminal information has actually been 
action is pending at anytime before commenced or filed, and actually prosecuted, and 
delivery of the property to the applicant there are conflicting claims over the property seized,
- in double the value of the property as the proper remedy is to question the validity of the 
stated in applicant’s affidavit for delivery search warrant in the same court which issued it and 
of property to applicant if such delivery not in any other branch of said court.
be adjudged, and for payment of such
sum as may be recovered against him. REPLEVIN ATTACHMENT
(Sec. 5, Rule 60 ).). Available only when the Available even if
c. Bond for Third-Party Claimant principal action is recovery of property is
- also called as the indemnity bond  recovery of personal only incidental to the
- the sheriff shall not be bound to keep the property relief sought
property under replevin or to deliver it to Available only when the Available even if the
the applicant unless the applicant or his defendant is in actual property is in the
agent, on demand of said sheriff, shall possession of the possession of a third
file a bond approved by the court to property person
indemnify the third-party claimant in a Cannot be availed of Can be availed of even if
sum not less than the value of the when the property is in the property is in
property under replevin as proved in the custodia legis  custodia legis 
affidavit of applicant. (Rule 60 Sec. 7). Available before Available from
defendant files answer commencement but
Section 1. Application  before entry of judgment
Bond is double the value Bond is fixed by the court
When Replevin Available of the property
It is available only in an action where the principal
relief is the recovery of possession of personal
Section 2. Affidavit and bond 
property. The plaintiff may apply for an order for the
delivery of such property to him, at the
REQUISITES FOR REPLEVIN
commencement of the action or at any time before
1. Affidavit of the applicant, or some other
answer.
person who personally knows the facts,
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d. the applicant is the owner of the
Phil.70 (1955)  property claimed, particularly
Machineries bolted to the ground are real  describing it, or is entitled to the
property that may not be subject to replevin. possession thereof;
e. the property
property is wrongfully detained
Servicewide Specialists v. CA 251 SCRA 70 (1995)  by the adverse party, alleging the
The chattel mortgagor is an indispensable party  cause of its detention according to
in a replevin action preparatory to foreclosure  the best of his knowledge,
proceedings. Dismissal of the replevin action as to  information and belief;

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f. the property has not been distrained as a result of the replevin, he shall be represented by
or taken for a tax assessment or a the Solicitor General, and if held liable therefore, the
fine pursuant to law, or seized under actual damages adjudged by the court shall be paid
a writ of execution or preliminary by the National Treasurer out of the funds to be
attachment, or placed under custodia  appropriated for the purpose.
legis, or if so seized, that it is exempt
from such seizure custody; and Section 8. Return of Papers 
g. the actual market value of the Section 9. Judgment 
property. Section 10. Judgment to include recovery against 
2. Bond which shall be double the value of the sureties 
property as stated in the affidavit.
Sec. 20, Rule 57 Made Applicable
Section 3. Order  The amount, if any, to be awarded to any party upon
any bond shall be claimed, ascertained, and granted
Section 4. Duty of the sheriff  under the same procedure as prescribed in Sec. 20,
Rule 57. The procedure in Sec. 20, Rule 57 is
Sebastian v. Balino 224 SCRA 256 (1993)  applicable not only to the replevin bond of the plaintiff
After property is seized under a writ of replevin, it  but also to the redelivery bond posted by the
is not to be delivered immediately to the plaintiff. The  defendant for the filing of the writ.
w rit.
sheriff must retain it in his custody for five days and 
shall return it to the defendant if he posts a 
counterbond. Immediate turnover to the plaintiff is not 
 justified by an absence to store the seized property. RULE 61
The remedy is to store it in a bonded warehouse. SUPPORT PENDENTE LITE 

Section 5. Return of property  COMPONENTS OF SUPPORT

The support granted may be in money or other forms
When Defendant is Entitled to the Return of the in accordance with Article 194 of the Family Code,
Property which provides as follows (all in keeping with the
Defendant entitled to return of property taken under financial capacity of the family):
writ if: a. Everything indispensable for sustenance;
a. he seasonably posts redelivery bond; b. Dwelling;
b. plaintiff’s bond is found to be insufficient or c. Clothing;
defective and is not replaced with proper d. Medical attendance;
bond; or e. Education; and
c. property is not delivered to plaintiff for any f. Transportation.
reason (includes situation where applicant
failed to file bond to indemnify third party PARTIES OBLIGED TO GIVE SUPPORT
claimant). Article 195 of the Family Code provides that the
following persons are obliged to give support:
La Tondena v. CA 209 SCRA 553 (1992)  a. The spouses;
b. Legitimate ascendants and descendants;
The law does not allow the defendant to object to 
the insufficiency of the replevin bond or sureties, and  c. Parents and their legitimate children and the
then to post a counterbond. The remedies are  illegitimate children of the latter; and
d. Legitimate brothers and sisters, whether of
alternative.
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Section 6. Disposition of property by sheriff 
are needed to see this picture.
Section 1. Application 
Section 7. Proceedings where property claimed 
by third person 
When Available
This remedy is available only in an action for support
No Bond if Plaintiff is Republic of the Philippines
or in an action where support is among the relief
When the writ of replevin is issued in favor of the
prayed for.
Republic of the Philippines, or any officer duly
representing it, the filing of such bond hall not be
How Applied For
required, and in case the sheriff is sued for damages

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It may be sought by a verified application filed in the circumstances as may aid in the proper
court where the proper action is pending. The verified resolution of the question involved.
application may be made in the verified complaint or
petition in the suit itself, or in a separate motion, or Effect When Application is Granted
petition supported by affidavits. If application is granted: court shall fix the amount of
money to be provisionally paid or such other forms of
Contents of Application support as should be provided. The court shall take
The application must state: into account:
1. The grounds for the claim; a. necessities of the applicant;
2. The financial conditions of both parties; b. resources or means of the adverse party;
and
The application shall be accompanied by affidavits, c. terms of payment or mode for providing
depositions, or other authentic documents in support support.
thereof.
Effect When Application is Denied
When Filed If application is denied: principal case shall be tried
a. At the commencement of the proper action
action or and decided as early as possible.
proceeding; OR
b. At any time prior to the judgment or
or final Section 5. Enforcement of Order 
order.
Enforcement of Order
Jurisdiction Over Action for Support a. If the adverse party fails to comply with an
RTC has exclusive original jurisdiction because the order granting support pendente lite : order of
subject of an action for support, regardless of the execution, without prejudice to liability for
amount claimed, is not capable of pecuniary action. contempt;
An action for support does not only involve the b. If the person ordered to give support
determination of the amount to be given as support, pendente lite  refuses or fails to do so and a
but also the relation of the parties, the right to support rd
3 party furnished that support to the
created by the relation, the needs of the claimant, the rd
applicant: 3 party may, after due notice and
financial resources of the person from whom support hearing in the same case, obtain a writ of
is sought, all of which are not capable of pecuniary execution to enforce his right of
estimation. ( Baito v. Sarmiento, 109 Phil. 148 ) reimbursement.

Section 2. Comment  Saavedra v. Ibañez Estrada 56 Phil. 33 (1931) 

Section 3. Hearing  An order for support pendent elite is intended to 
Section 4. Order  be operative exclusively during the pendency of the 
litigation. Hence, the voluntary dismissal of the action 
Procedure by the plaintiff has the necessary effect of abrogating 
a. Application filed in court and served with the order.
adverse party.
b. Adverse party files comment within 5 days Torres v. Hon. Teodoro Sr. 101 Phil. 422 (1957) 
(unless different period is fixed) from service Where the court ordered support pendente lite to 
of application. be deposited each month, failure of the defendant to 
c. Application is set for hearing not more more than 3 deposit for one month is a separate and distinct 
days after comment is filed, or after the violation from a failure to deposit for another month.
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for separate months do not constitute double 
 jeopardy.
Order
The court shall: Mangoma v. Macadaeg 90 Phil. 508 (1952) 
a. Determine provisionally the pertinent facts; Where the oppositor to an application for support 
and pendente lite alleges sufficient ground to oppose 
b. Render such orders as justice and equity support (eg. Adultery by wife), the oppositor should 
may require, having due regard to the be given an opportunity to present evidence in 
probable outcome of the case and such other support of his opposition.

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San Juan v. Valenzuela 117 SCRA 926 (1982) 

The trial court’s order fixing the amount of 
support pendente lite is not final in character because 
it can be subjected to modification depending on the 
changing conditions affecting the liability of the 
obligor to pay the amount fixed for support.

Section 6. Support in Criminal Cases 

a. When applicable:
1. in criminal actions where the civil liability
includes support for the offspring as a
consequence of the crime; and
2. the civil aspect thereof has not been
waive, reserved, or instituted prior to its
filing.

b. Who may file: (in successive order)

1. offended party
2. her parents
3. grandparents or guardian
4. State

Section 7. Restitution 

When Restitution Applicable

When the judgment or final order of the court finds
that the person who has been providing support
pendente lite is not liable therefore.

What Court may Order Recipient

The court may order that the amounts already paid
be returned with legal interest from the dates of
actual payment and without prejudice to the right of
the recipient to obtain reimbursement in a separate
action from the person legally obliged to give support.

If Recipient Fails to Reimburse

If the recipient fails to reimburse, the person who
provided the same may likewise seek reimbursement
thereof in a separate action from the person legally
obliged to give support.

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