12533
IN RE: RULE 40-56 CIVPRO
Preliminary Attachment
To have property of adverse
party attached as security for
the satisfaction of judgment
that may be recovered in
cases falling under Sec 1,
Purpose Rule 57.
At the commencement of the
When action or at any time prior to
applied/granted the entry of judgment
How applied File affidavits and applicant’s
for bond
Court where action is
pending, the CA or the SC
even if action is pending in
Who may grant the lower court.
 Sufficient cause of
action
 Case is covered by
section 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
Requisites for granted
granting  Applicant is entitled to
application the relief demanded
PROVISIONAL REMEDIES
Preliminary
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.

Receivership Replevin Support Pendente Lite
To place the property
subject of an action or
proceeding under the
control of a third party for
its preservation and To compel adverse party to
administration litis To recover possession of provide support while action is
pendentia personal property pending in court
At the commencement of At the commencement of the
At any time prior to the action but before action or at any time prior to
satisfaction of judgment answer is filed the judgment or final order
File verified application and
applicant’s bond;
application may also be
included in initiatory
pleading in actions for File affidavits and File verified application; bond
foreclosure of mortgage applicant’s bond not required
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 Only in the court where Court of origin and appellate
by the court of origin. action is pending court. (See Ramos v. CA)
 Preliminary
Injunction/Preliminary
Preliminary Attachment Mandatory Injunction Receivership Replevin Support Pendente Lite

 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
 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
 Applicant is the owner
of the property
claimed or is entitled
to the possession of
the same
 Property is wrongfully
detained by the
adverse party
 Property is not
distrained or taken for
a tax assessment or a
fine pursuant to law
 Affidavits, depositions
or other documents
should show, at least
provisionally, that the
applicant is entitled to
receive support

When third-party claimant When third-party claimant

makes an affidavit of his title makes an affidavit of his
Where property to the property or his right to title to the property or his
is claimed by the possession thereof, and right to the possession
third person serves such affidavit to the thereof, and serves such
 Preliminary
Injunction/Preliminary
Preliminary Attachment Mandatory Injunction Receivership Replevin Support Pendente Lite

sheriff and a copy thereof to affidavit to the sheriff and a

the attaching party, the sheriff copy thereof to the
shall not be bound to keep attaching party, the sheriff
the property unless the shall not be bound to keep
attaching party files a bond the property under replevin
approved by the court to unless the applicant files a
indemnify the third-party bond approved by the court
claimant in a sum not less to indemnify the third-party
than the value of the property claimant in a sum not less
levied upon. Claim for than double the value of the
damages for the taking or property levied upon. Claim
keeping the property must be for damages for the taking
filed within 120 days from or keeping the property
filing of the bond. must be filed within 120
days from filing of the bond.

Bond executed to the

adverse party in double the
value of the property for the
return of the property to the
adverse party if such return
be adjudged, and for the
Bond executed to the adverse party in the amount fixed by the court to cover the costs which may payment to the adverse
be adjudged to the adverse party and all damages which he may sustain by reason of the party of such sum as he
Bond granting of provisional remedy prayed for, if the court shall finally adjudge that the applicant was may recover from the
requirement not entitled thereto applicant of the action No bond required

By counter-bond: Party against whom the provisional remedy is availed of, may move for the discharge of the provisional remedy
Discharge of 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
remedy a particular property to secure the payment of any judgment that the adverse party may recover in the action Not applicable.

Filing of counter-bond made

Cash deposit may be made in
lieu of the counter-bond
only upon showing that the
issuance or continuance
thereof would cause
irreparable damage to the
party or person enjoined while
the applicant can be fully
compensated for such
damages as he may suffer ;
counter-bond alone will not Amount of counter-bond
suffice to discharge the should also be double the
injunction. value of the property

Other grounds: improper or

irregular issuance or
enforcement or insufficiency Appointment was obtained
of the bond Insufficiency of the application without sufficient cause

Damages in When judgment or final order

case applicant  Owner of property attached must file before trial or before perfection of appeal application for damages finds the person who has
 Preliminary
Injunction/Preliminary
Preliminary Attachment Mandatory Injunction Receivership Replevin Support Pendente Lite

for any of the  Party who availed of provisional remedy and his surety or sureties must be notified , showing right to damages and amount been providing support
provisional thereof pendente lite not liable
remedies not  Damages awarded only after proper hearing; included in judgment of the main case therefor:
entitled thereto  Court shall order the
or for any recipient to return the
If judgment of appellate court is favorable to the party against whom provisional remedy was effected:
irregularity in amounts already
the received with interest
procurement of  Application must be filed with the appellate court before the judgment of the appellate court becomes executory from the dates of
provisional  Appellate court may allow application to be heard and decided by the trial court actual payment
remedy  Recipient may obtain
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award: reimbursement from
the person legally
 Adverse party may recover damages in the same action obliged to give support
(separate action must
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)

SPECIAL CIVIL ACTIONS

Declar Certi Certior Quo Exprop Forec Partit For Det Conte
Interp
atory orari ari Warrant riation losur ion cibl ain mpt
leade
Relief (COM Prohibi o e of e er
r
ELEC tion Real Ent
and Manda Estat ry
COA) mus e
Mortg
age

Purp Comp Declar Remove Taking Satisf Divisi Protect

ose el ation Correcting errors of a of y on of Recover judicial
confli of jurisdiction usurper private credit real possession in system
cting rights property or prope fact from
claim and for based rty unwarr
ants duties public upon amon anted
to (refor use securit g the intrusio
litigat mation y partie n
e of s
their instru claimi
claim ment, ng
s quietin rights
amon g of
 g title, theret
thems consoli o
elves dation
of
owner
ship)

Requ Confli Person Certior A Real Direct

isites cting has ari: person prope contem
claim interes Any usurps, rty is pt:
s t under tribunal, intrudes owne A
exist a board or into, or d by person
upon deed, officer unlawfull sever behave
the will, exercisi y holds al d
same contra ng or perso improp
subje ct or judicial exercise ns erly in
ct other or quasi s office, Perso the
matte written judicial position, n presen
r instru function or claimi ce or
Such ment s has franchis ng so
claim Person rendere e right near a
s are ’s d A public to the court
made rights judgme officer prope Such
upon are nt does or rty misbeh
a affecte Such suffers does avior
perso d by a tribunal, an act not obstruc
n who statute etc. has which, want ted or
claim , acted by the co- interru
s no executi without provisio owne pted
intere ve or in n of law, rship court
st in order excess constitut to procee
the or of its es a contin dings
subje regulat jurisdicti ground ue
ct ion, on for the A Indirect
matte ordina Prohibi forfeiture perso contem
r nce, or tion: of his n pt:
any Proceed office; enjoy
other ings in a An s Misbeh
govern tribunal, associati lawful avior in
mental corporat on acts posse perfor
regulat ion, as a ssion mance
ion board, corporati of the of
No officer on within prope official
breach or the rty functio
or person Philippin Anoth ns
violatio exercisi es er Disobe
n of ng without perso -dience
the judicial, being n to
rights quasi legally acqui lawful
has judicial incorpor res court
yet or ated or posse orders
occurr ministeri without ssion Abuse
ed al lawful of the or
Judgm function authority same unlawf
ent or s are so to act prope ul
 final conduct Property rty by interfer
order ed owned force, ence
has without by a intimi with
been or in private datio court
render excess party n, proces
ed by of its Taking threat ses
the jurisdicti by , Improp
COME on governm strate er
LEC or Manda ent for gy or conduc
the mus: public stealt t which
COA When use h tends
Aggrie any Just A to
ved tribunal, compen perso impede
party corporat sation n admini
wants ion, A lawful stration
the board, person ly of
judgm officer owes takes justice
ent or or another posse Preten
final person a loan ssion ding to
order unlawful Loan is of the be a
review ly secured land lawyer
ed by neglects by at the or
a perform mortgag begin officer
higher ance of e of real ning Failure
court an act property Such to obey
which Debtor lawful subpoe
the law defaulte posse na
specific d in ssion
ally payment has
enjoins Final ende
demand d
Commo has A
n been dema
requisit made nd to
e: vacat
e has
There is been
no made
appeal
or any
plain,
speedy,
and
adequat
e
remedy
in the
ordinary
course
of law

Proc Comp Action Verified

edur laint is complai
e is brough nt filed,
filed t stating
 Sum before right
mons approp and
serve riate purpose
d RTC of
upon All expropri
partie person ation
s s Persons
Partie affecte owning
s files d or
motio made claiming
n to parties to own
dismi Notice any
ss or to Sol interest
answ Gen if pertaini
ers validity ng to
the of a the
compl statue, property
aint executi must be
Pre- ve joined
trial order as
Court or defenda
deter regulat nts
mines ion of Plaintiff
partie any may
s’ other enter
respe govern property
ctive mental after
rights regulat filing
and ion is complai
adjudi involve nt and
cate d depositi
their Notice ng with
sever to a
al prosec govern
claim utor or ment
s attorne deposit
y of ary
Note: LGU if amount
Dock involvi equival
et ng ent to
fees validity assesse
paid of a d value
by local of
compl ordina property
ainant nce Defend
consti Court ants
tute a acts allowed
lien on to file
upon applica objectio
subje tion ns
ct If Court
matte during rules on
r of pende the
ncy of issue of
action expropri
 the there ation,
action occurs granting
breach or
or viol denying
ation, the
action same
is If
conver expropri
ted ation is
into an granted,
ordinar court
y appoint
action s
18 notmore
copies than 3
of commisi
verifie oners
d Objectio
petitio ns to
n shall appoint
be ment of
filed commisi
within oners
30 may be
days filed
from within
notice ten
of the days
judgm from
ent or service
final Commis
order sioners
If take
motion oath
for before
new assumi
trial or ng
recon- function
siderat Commis
ion is sioners
allowe ascertai
d, n and
period report
to file the just
petitio compen
n is sation
interru for the
pted. If property
motion Clerk of
is court
denied serves
, copies
petitio of
n shall commis
be sioners’
 filed report
within to all
remain interest
ing ed
period, parties
in no Interest
case ed
less parties
than 5 allowed
days. to file
Pay objectio
docket ns
and within
other ten
lawful days
fees Court
and renders
deposi judgme
t of nt on
P500 the
for issue of
costs just
SC compen
either sation
orders Judgme
respon nt is
-dents recorde
to file d in
their registry
comm of
ent if it property
finds Complai
petitio nt filed
n Court
sufficie ascertai
nt in nes
form amount
and due to
substa plaintiff
nce or and
dismis renders
ses judgme
the nt
petitio ordering
n if it defenda
was nt to
filed pay
manife within a
stly for within a
delay period
or the not less
questi than 90
ons days
raised but not
are too more
 unsub than
stantial 120
Respo days
ndents If
file defenda
comm nt fails
ent to pay,
SC foreclos
either ure sale
sets ensues
case Costs
for oral deducte
argum d from
ent or proceed
require s of
s sale,
submis mortgag
sion of ee paid
memor amount
anda due; if
or there is
decide excess
s the in the
case proceed
based s, same
on is
submit turned
-ted over to
docum mortgag
ents or
Petitio If
n must proceed
be s of
filed sale is
within not
60 sufficien
days t to
from cover
notice entire
of indebte
judgm dness,
ent deficien
Court cy
orders judgme
respon nt is
dents rendere
to file d:
comm executi
ent on
within immedi
10 ately
days issues if
from whole
receipt debt is
due,
 of otherwi
order se,
Court mortago
may r
order entitled
filing of to
reply executi
or on upon
other original
respon terms of
sive the
pleadi contract
ngs Certifie
Court d copy
may of final
hear order
the confirmi
case ng the
or sale is
require register
parties ed in
to the
submit registry
memor of
anda deeds
Court
either
grants
petitio
n or
dismis
ses
the
same
if it
finds
the
same
to be
patentl
y
without
merit,
prosec
uted
manife
stly for
delay,
or that
the
questi
ons
raised
are too
insubst
 antial
to
require
consid
eration
Certifie
d copy
of
judgm
ent is
served
upon
the
court,
quasi-
judicial
agenc
y,
tribuna
l,
corpor
ation,
board,
officer
or
person
and
disobe
dience
thereto
shall
be
punish
ed as
conte
mpt.
Verifie
d
petitio
n in
the
name
of the
RP is
filed
(Perso
n
claimin
g to be
entitle
d to a
public
office
or
positio
 n
usurpe
d by
anothe
r may
bring
action
in his
own
name)
Person
at
whose
instanc
e the
petitio
n is
brough
t pays
costs
and
expen
ses
Respo
ndent
is
notifie
d
Court
may
reduce
period
s for
filing
pleadi
ngs to
secure
most
expedi
tious
determ
ination
of
matter
s
involve
d in
the
action
Judgm
ent is
render
ed.
Court
may
 render
judgm
ent for
costs
agains
t
petitio
ner,
relator
or
person
/s
claimin
g to be
a
corpor
ation
Person
adjudg
ed
entitle
d to
public
office
may
deman
d of
the
respon
dent to
deliver
all
books
and
papers
to him

Juris RTC RTC SC SC, CA, SC, CA,

dictio RTC, RTC
n Sandiga
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