PROVISIONAL REMEDIES
Preliminary Attachment
Purpose
When
applied/granted
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.
At the commencement of the
action or at any time prior to
the entry of judgment
How applied for
File affidavits and applicant’s
bond
Who may grant
Requisites for
granting
application
Court where action is pending,
the CA or the SC even if action
is pending in 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 granted
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.
•
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
Receivership
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
Replevin
To recover possession of
personal property
At the commencement of the
action but before answer is
filed
Support Pendente Lite
To compel adverse party to
provide support while action
is pending in court
At the commencement of
the 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 pending
•
•
•
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
Court of origin and
appellate court. (See Ramos
v. CA)
•
Affidavits, depositions
or other documents
should show, at least
provisionally, that the
applicant is entitled to
receive support
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Preliminary Attachment
Where property is
claimed by third
person
Bond requirement
Preliminary
Injunction/Preliminary
Mandatory Injunction
Receivership
Replevin
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.
Bond executed to the adverse
party in double the value of
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, the property to the adverse
if the court shall finally adjudge that the applicant was not entitled thereto
party if 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
Support Pendente Lite
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 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.
No bond required
Not applicable.
Discharge of
remedy
Cash deposit may be made in
lieu of the counter-bond
Filing of counter-bond made 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 ; counterbond alone will not suffice to
discharge the injunction.
Amount of counter-bond
should also be double the
value of the property
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Preliminary Attachment
Other grounds: improper or
irregular issuance or
enforcement or insufficiency
of the bond
Damages in case
applicant for any
of the provisional
remedies not
entitled thereto or
for any
irregularity in the
procurement of
provisional
remedy
•
•
•
Preliminary
Injunction/Preliminary
Mandatory Injunction
Insufficiency of the application
Receivership
Replevin
Support Pendente Lite
Appointment was obtained without
sufficient cause
Owner of property attached must file before trial or before perfection of appeal application for damages
Party who availed of provisional remedy and his surety or sureties must be notified , showing right to damages and amount thereof
Damages awarded only after proper hearing; included in judgment of the main case
When judgment or final
order finds the person who
has been providing support
pendente lite not liable
therefor:
•
If judgment of appellate court is favorable to the party against whom provisional remedy was effected:
•
•
Application must be filed with the appellate court before the judgment of the appellate court becomes executory
Appellate court may allow application to be heard and decided by the trial court
•
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award:
•
Adverse party may recover damages in the same action
•
Interpleader
Declaratory Relief
Certiorari
(COMELEC and
COA)
Certiorari Prohibition
Mandamus
Quo Warranto
Expropriation
Foreclosure of Real
Estate Mortgage
Partition
Court shall order the
recipient to return the
amounts already
received with interest
from the dates of
actual payment
Recipient may obtain
reimbursement from
the person legally
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)
Forcible
Entry
Detainer
Contempt
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Purpose
Requisites
Compel conflicting
claimants to litigate
their claims among
themselves
Declaration of rights and
duties (reformation of
instrument, quieting of
title, consolidation of
ownership)
Conflicting claims
exist upon the same
subject matter
Person has interest under
a deed, will, contract or
other written instrument
Such claims are
made upon a person
who claims no
interest in the subject
matter
Person’s rights are
affected by a statute,
executive order or
regulation, ordinance, or
any other governmental
regulation
No breach or violation of
the rights has yet
occurred
Correcting errors of jurisdiction
Judgment or final order
has been rendered by
the COMELEC or the
COA
Aggrieved party wants
the judgment or final
order reviewed by a
higher court
Certiorari:
Any tribunal, board or
officer exercising judicial
or quasi judicial functions
has rendered judgment
Such tribunal, etc. has
acted without or in excess
of its jurisdiction
Prohibition:
Proceedings in a tribunal,
corporation, board,
officer or person
exercising judicial, quasi
judicial or ministerial
functions are conducted
without or in excess of its
jurisdiction
Mandamus:
When any tribunal,
corporation, board,
officer or person
unlawfully neglects
performance of an act
which the law
specifically enjoins
Common requisite:
There is no appeal or any
plain, speedy, and
adequate remedy in the
ordinary course of law
Taking of private property
for public use
Satisfy creditor based
upon security
A person usurps,
intrudes into, or
unlawfully holds or
exercises office,
position, or franchise
Property owned by a
private party
A person owes
another a loan
Taking by government for
public use
Loan is secured by
mortgage of real
property
A public officer does
or suffers an act
which, by the
provision of law,
constitutes a ground
for the forfeiture of
his office;
Just compensation
Remove a usurper
An association acts
as a corporation
within the
Philippines without
being legally
incorporated or
without lawful
authority so to act
Debtor defaulted in
payment
Final demand has
been made
Division of
real property
among the
parties
claiming
rights thereto
Real
property is
owned by
several
persons
Person
claiming
right to the
property
does not
want coownership to
continue
Recover possession in fact
A person
enjoys lawful
possession of
the property
Another
person
acquires
possession of
the same
property by
force,
intimidation,
threat, strategy
or stealth
A person
lawfully
takes
possession
of the land at
the
beginning
Such lawful
possession
has ended
A demand to
vacate has
been made
Protect
judicial
system from
unwarranted
intrusion
Direct
contempt:
A person
behaved
improperly
in the
presence or
so near a
court
Such
misbehavior
obstructed or
interrupted
court
proceedings
Indirect
contempt:
Misbehavior
in
performance
of official
functions
Disobedience to
lawful court
orders
Abuse or
unlawful
interference
with court
processes
Improper
conduct
which tends
to impede
administratio
n of justice
Pretending to
be a lawyer
or officer
Failure to
obey
subpoena
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Procedure
1. Complaint is filed
2. Summons served
upon parties
3. Parties files
motion to dismiss or
answers the
complaint
4. Pre-trial
5. Court determines
parties’ respective
rights and adjudicate
their several claims
Note: Docket fees
paid by complainant
constitute a lien upon
subject matter of the
action
1. Action is brought
before appropriate RTC
2. All persons affected
made parties
3. Notice to Sol Gen if
validity of a statue,
executive order or
regulation of any other
governmental regulation
is involved
4. Notice to prosecutor or
attorney of LGU if
involving validity of a
local ordinance
5. Court acts on
application
6. If during pendency of
action there occurs breach
or violation, action is
converted into an
ordinary action
1. 18 copies of verified
petition shall be filed
within 30 days from
notice of the judgment
or final order
2. If motion for new
trial or recon-sideration
is allowed, period to
file petition is
interrupted. If motion is
denied, petition shall be
filed within remaining
period, in no case less
than 5 days.
3. Pay docket and other
lawful fees and deposit
of P500 for costs
4. SC either orders
respon-dents to file
their comment if it
finds petition sufficient
in form and substance
or dismisses the
petition if it was filed
manifestly for delay or
the questions raised are
too unsubstantial
5. Respondents file
comment
6. SC either sets case
for oral argument or
requires submission of
memoranda or decides
the case based on
submit-ted documents
1. Petition must be filed
within 60 days from
notice of judgment
2. Court orders
respondents to file
comment within 10 days
from receipt of order
3. Court may order filing
of reply or other
responsive pleadings
4. Court may hear the
case or require parties to
submit memoranda
5. Court either grants
petition or dismisses the
same if it finds the same
to be patently without
merit, prosecuted
manifestly for delay, or
that the questions raised
are too insubstantial to
require consideration
6. Certified copy of
judgment is served upon
the court, quasi-judicial
agency, tribunal,
corporation, board,
officer or person and
disobedience thereto shall
be punished as contempt.
1. Verified petition in
the name of the RP is
filed (Person
claiming to be
entitled to a public
office or position
usurped by another
may bring action in
his own name)
1. Verified complaint filed,
stating right and purpose of
expropriation
2. Person at whose
instance the petition
is brought pays costs
and expenses
3. Plaintiff may enter
property after filing
complaint and depositing
with a government
depositary amount
equivalent to assessed
value of property
3. Respondent is
notified
4. Court may reduce
periods for filing
pleadings to secure
most expeditious
determination of
matters involved in
the action
5. Judgment is
rendered. Court may
render judgment for
costs against
petitioner, relator or
person/s claiming to
be a corporation
6. Person adjudged
entitled to public
office may demand
of the respondent to
deliver all books and
papers to him
2. Persons owning or
claiming to own any
interest pertaining to the
property must be joined as
defendants
4. Defendants allowed to
file objections
5. Court rules on the issue
of expropriation, granting
or denying the same
1. Complaint filed
2. Court ascertaines
amount due to
plaintiff and renders
judgment ordering
defendant to pay
within a within a
period not less than
90 days but not more
than 120 days
3. If defendant fails
to pay, foreclosure
sale ensues
4. Costs deducted
from proceeds of
sale, mortgagee paid
amount due; if there
is excess in the
proceeds, same is
turned over to
mortgagor
6. If expropriation is
5. If proceeds of sale
granted, court appoints not is not sufficient to
more than 3 commissioners cover entire
indebtedness,
7. Objections to
deficiency judgment
appointment of
is rendered:
commissioners may be
execution
filed within ten days from
immediately issues if
service
whole debt is due,
otherwise, mortagor
8. Commissioners take oath entitled to execution
before assuming function
upon original terms
of the contract
9. Commissioners ascertain
and report the just
6. Certified copy of
compensation for the
final order
property
confirming the sale is
registered in the
10. Clerk of court serves
registry of deeds
copies of commissioners’
report to all interested
parties
11. Interested parties
allowed to file objections
within ten days
12. Court renders judgment
on the issue of just
compensation
13. Judgment is recorded in
registry of property
5
Jurisdiction
RTC
RTC
SC
SC, CA, RTC,
Sandiganbayan
SC, CA, RTC
6