REMEDY NATURE OF REMEDY HOW ACQUIRED

PRELIMINARY The property of an An order of attachment

ATTACHMENT adverse party is taken shall be granted only
into legal custody, upon the filing of the
either at the requisite affidavit and
commencement of an bond, duly filed with
action or at any time the court before the
thereafter, as a security order is issued.
for the satisfaction of
any judgment that may The affidavit shall
be recovered by the contain the following:
plaintiff or any proper a) That a sufficient
party. cause of action
exists;
b) That the case is
one those
mentioned in
Sec. 1 of Rule 57
c) That there is no
other sufficient
security for the
claim sought to
be enforced by
the action; and
d) That the amount
due to the
applicant, or 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.
RECEIVERSHIP When the property or A receivership involves
fund, that is the the appointment of a
subject of the litigation receiver.
is in danger of being
lost, removed or a) A verified
materially injured application
b) The applicant
must have an
interest in the
funds subject of
the action:
  he must show
that the fund
is endanger of
being lost,
damaged or
materially
injured
 there is a
need to
preserve the
property
c) Application must
be with notice
and set for
hearing
d) Applicant must
post a bond
e) Receiver must be
sworn to perform
his duties
faithfully and
shall post a bond
MORAL DAMAGES Moral damages are An award of moral
recoverable for breach damages would require
of contract where the certain conditions to be
breach was wanton, met, to wit: (1)first,
reckless, malicious or there must be an
in bad faith, oppressive injury, whether
or abusive. physical, mental or
psychological, clearly
sustained by the
claimant; (2) second,
there must be culpable
act or omission
factually established;
(3) third, the wrongful
act or omission of the
defendant is the
proximate cause of the
injury sustained by the
claimant; and (4)
fourth, the award of
damages is predicated
on any of the cases
stated in Article 2219
of the Civil Code.