12533
IN RE: RULE 40-56 CIVPRO
PROVISIONAL REMEDIES
Preliminary Attachment
Preliminary
Injunction/Preliminary
Mandatory Injunction
Purpose
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.
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.
To place the property
subject of an action or
proceeding under the
control of a third party for
its preservation and
administration litis
pendentia
To recover possession of
personal property
To compel adverse party to
provide support while action is
pending in court
When
applied/granted
At the commencement of the
action or at any time prior to
the entry of judgment
At any stage prior to the
judgment or final order
At any time prior to
satisfaction of judgment
At the commencement of
the action but before
answer is filed
At the commencement of the
action or at any time prior to
the judgment or final order
File affidavits and applicant’s
bond
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
File verified application and
applicant’s bond;
application may also be
included in initiatory
pleading in actions for
foreclosure of mortgage
File affidavits and
applicant’s bond
File verified application; bond
not required
Court where action is
pending, the CA or the SC
even if action is pending in
the lower court.
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.
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.
Only in the court where
action is pending
Court of origin and appellate
court. (See Ramos v. CA)
How applied
for
Who may grant




Requisites for
granting
application

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
Applicant is entitled to
the relief demanded

Receivership
Replevin
Support Pendente Lite
Preliminary Attachment









Where property
is claimed by
third person
Preliminary
Injunction/Preliminary
Mandatory Injunction
Receivership
Replevin
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
makes an affidavit of his title
to the property or his right to
the possession thereof, and
serves such affidavit to the
When third-party claimant
makes an affidavit of his
title to the property or his
right to the possession
thereof, and serves such
Support Pendente Lite
Preliminary Attachment
Preliminary
Injunction/Preliminary
Mandatory Injunction
Receivership
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.
Replevin
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 the property for the
return of the property to the
adverse 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
Bond
requirement
Bond executed to the adverse party in the amount fixed by the court to cover the costs which may
be adjudged to the adverse party and all damages which he may sustain by reason of the
granting of provisional remedy prayed for, if the court shall finally adjudge that the applicant was
not entitled thereto
Discharge of
remedy
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
Damages in
case applicant
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 ;
counter-bond alone will not
suffice to discharge the
injunction.
Other grounds: improper or
irregular issuance or
enforcement or insufficiency
of the bond
Insufficiency of the application

Support Pendente Lite
No bond required
Not applicable.
Amount of counter-bond
should also be double the
value of the property
Appointment was obtained
without sufficient cause
Owner of property attached must file before trial or before perfection of appeal application for damages
When judgment or final order
finds the person who has
Preliminary
Injunction/Preliminary
Mandatory Injunction
Preliminary Attachment
for any of the
provisional
remedies not
entitled thereto
or for any
irregularity in
the
procurement of
provisional
remedy


Receivership
Replevin
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
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
Support Pendente Lite
been providing support
pendente lite not liable
therefor:
 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)
SPECIAL CIVIL ACTIONS
Interp
leade
r
Purp
ose
Comp
el
confli
cting
claim
ants
to
litigat
e
their
claim
s
amon
Declar
atory
Relief
Declar
ation
of
rights
and
duties
(refor
mation
of
instru
ment,
quietin
g of
Certi
orari
(COM
ELEC
and
COA)
Certior
ari
Prohibi
tion
Manda
mus
Correcting errors of
jurisdiction
Quo
Warrant
o
Exprop
riation
Forec
losur
e of
Real
Estat
e
Mortg
age
Partit
ion
Remove
a
usurper
Taking
of
private
property
for
public
use
Satisf
y
credit
or
based
upon
securit
y
Divisi
on of
real
prope
rty
amon
g the
partie
s
claimi
ng
rights
For
cibl
e
Ent
ry
Det
ain
er
Recover
possession in
fact
Conte
mpt
Protect
judicial
system
from
unwarr
anted
intrusio
n
Requ
isites
g
thems
elves
title,
consoli
dation
of
owner
ship)
Confli
cting
claim
s
exist
upon
the
same
subje
ct
matte
r
Such
claim
s are
made
upon
a
perso
n who
claim
s no
intere
st in
the
subje
ct
matte
r
Person
has
interes
t under
a
deed,
will,
contra
ct or
other
written
instru
ment
Person
’s
rights
are
affecte
d by a
statute
,
executi
ve
order
or
regulat
ion,
ordina
nce, or
any
other
govern
mental
regulat
ion
No
breach
or
violatio
n of
the
rights
has
yet
occurr
ed
Judgm
ent or
theret
o
Certior
ari:
Any
tribunal,
board or
officer
exercisi
ng
judicial
or quasi
judicial
function
s has
rendere
d
judgme
nt
Such
tribunal,
etc. has
acted
without
or in
excess
of its
jurisdicti
on
Prohibi
tion:
Proceed
ings in a
tribunal,
corporat
ion,
board,
officer
or
person
exercisi
ng
judicial,
quasi
judicial
or
ministeri
al
function
s are
A
person
usurps,
intrudes
into, or
unlawfull
y holds
or
exercise
s office,
position,
or
franchis
e
A public
officer
does or
suffers
an act
which,
by the
provisio
n of law,
constitut
es a
ground
for the
forfeiture
of his
office;
An
associati
on acts
as a
corporati
on within
the
Philippin
es
without
being
legally
incorpor
ated or
without
lawful
authority
so to act
Real
prope
rty is
owne
d by
sever
al
perso
ns
Perso
n
claimi
ng
right
to the
prope
rty
does
not
want
coowne
rship
to
contin
ue
A
perso
n
enjoy
s
lawful
posse
ssion
of the
prope
rty
Anoth
er
perso
n
acqui
res
posse
ssion
of the
same
prope
Direct
contem
pt:
A
person
behave
d
improp
erly in
the
presen
ce or
so
near a
court
Such
misbeh
avior
obstruc
ted or
interru
pted
court
procee
dings
Indirect
contem
pt:
Misbeh
avior in
perfor
mance
of
official
functio
ns
Disobe
-dience
to
lawful
court
orders
Abuse
or
unlawf
ul
final
order
has
been
render
ed by
the
COME
LEC or
the
COA
Aggrie
ved
party
wants
the
judgm
ent or
final
order
review
ed by
a
higher
court
conduct
ed
without
or in
excess
of its
jurisdicti
on
Manda
mus:
When
any
tribunal,
corporat
ion,
board,
officer
or
person
unlawful
ly
neglects
perform
ance of
an act
which
the law
specific
ally
enjoins
Commo
n
requisit
e:
Property
owned
by a
private
party
Taking
by
governm
ent for
public
use
Just
compen
sation
A
person
owes
another
a loan
Loan is
secured
by
mortgag
e of real
property
Debtor
defaulte
d in
payment
Final
demand
has
been
made
rty by
force,
intimi
datio
n,
threat
,
strate
gy or
stealt
h
A
perso
n
lawful
ly
takes
posse
ssion
of the
land
at the
begin
ning
Such
lawful
posse
ssion
has
ende
d
A
dema
nd to
vacat
e has
been
made
There is
no
appeal
or any
plain,
speedy,
and
adequat
e
remedy
in the
ordinary
course
of law
Proc
edur
e
Comp
laint
is
filed
Action
is
brough
t
Verified
complai
nt filed,
stating
interfer
ence
with
court
proces
ses
Improp
er
conduc
t which
tends
to
impede
admini
stration
of
justice
Preten
ding to
be a
lawyer
or
officer
Failure
to obey
subpoe
na
Sum
mons
serve
d
upon
partie
s
Partie
s files
motio
n to
dismi
ss or
answ
ers
the
compl
aint
Pretrial
Court
deter
mines
partie
s’
respe
ctive
rights
and
adjudi
cate
their
sever
al
claim
s
Note:
Dock
et
fees
paid
by
compl
ainant
consti
tute a
lien
upon
subje
ct
matte
r of
before
approp
riate
RTC
All
person
s
affecte
d
made
parties
Notice
to Sol
Gen if
validity
of a
statue,
executi
ve
order
or
regulat
ion of
any
other
govern
mental
regulat
ion is
involve
d
Notice
to
prosec
utor or
attorne
y of
LGU if
involvi
ng
validity
of a
local
ordina
nce
Court
acts
on
applica
tion
If
during
pende
ncy of
action
right
and
purpose
of
expropri
ation
Persons
owning
or
claiming
to own
any
interest
pertaini
ng to
the
property
must be
joined
as
defenda
nts
Plaintiff
may
enter
property
after
filing
complai
nt and
depositi
ng with
a
govern
ment
deposit
ary
amount
equival
ent to
assesse
d value
of
property
Defend
ants
allowed
to file
objectio
ns
Court
rules on
the
issue of
expropri
the
action
there
occurs
breach
or viol
ation,
action
is
conver
ted
into an
ordinar
y
action
18
copies
of
verifie
d
petitio
n shall
be
filed
within
30
days
from
notice
of the
judgm
ent or
final
order
If
motion
for
new
trial or
reconsiderat
ion is
allowe
d,
period
to file
petitio
n is
interru
pted. If
motion
is
denied
,
petitio
n shall
be
ation,
granting
or
denying
the
same
If
expropri
ation is
granted,
court
appoint
s
notmore
than 3
commisi
oners
Objectio
ns to
appoint
ment of
commisi
oners
may be
filed
within
ten
days
from
service
Commis
sioners
take
oath
before
assumi
ng
function
Commis
sioners
ascertai
n and
report
the just
compen
sation
for the
property
Clerk of
court
serves
copies
of
commis
sioners’
filed
within
remain
ing
period,
in no
case
less
than 5
days.
Pay
docket
and
other
lawful
fees
and
deposi
t of
P500
for
costs
SC
either
orders
respon
-dents
to file
their
comm
ent if it
finds
petitio
n
sufficie
nt in
form
and
substa
nce or
dismis
ses
the
petitio
n if it
was
filed
manife
stly for
delay
or the
questi
ons
raised
are too
report
to all
interest
ed
parties
Interest
ed
parties
allowed
to file
objectio
ns
within
ten
days
Court
renders
judgme
nt on
the
issue of
just
compen
sation
Judgme
nt is
recorde
d in
registry
of
property
Complai
nt filed
Court
ascertai
nes
amount
due to
plaintiff
and
renders
judgme
nt
ordering
defenda
nt to
pay
within a
within a
period
not less
than 90
days
but not
more
unsub
stantial
Respo
ndents
file
comm
ent
SC
either
sets
case
for oral
argum
ent or
require
s
submis
sion of
memor
anda
or
decide
s the
case
based
on
submit
-ted
docum
ents
Petitio
n must
be
filed
within
60
days
from
notice
of
judgm
ent
Court
orders
respon
dents
to file
comm
ent
within
10
days
from
receipt
than
120
days
If
defenda
nt fails
to pay,
foreclos
ure sale
ensues
Costs
deducte
d from
proceed
s of
sale,
mortgag
ee paid
amount
due; if
there is
excess
in the
proceed
s, same
is
turned
over to
mortgag
or
If
proceed
s of
sale is
not
sufficien
t to
cover
entire
indebte
dness,
deficien
cy
judgme
nt is
rendere
d:
executi
on
immedi
ately
issues if
whole
debt is
due,
of
order
Court
may
order
filing of
reply
or
other
respon
sive
pleadi
ngs
Court
may
hear
the
case
or
require
parties
to
submit
memor
anda
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
otherwi
se,
mortago
r
entitled
to
executi
on upon
original
terms of
the
contract
Certifie
d copy
of final
order
confirmi
ng the
sale is
register
ed in
the
registry
of
deeds
antial
to
require
consid
eration
Certifie
d copy
of
judgm
ent is
served
upon
the
court,
quasijudicial
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
dictio
n
RTC
RTC
SC
SC, CA,
RTC,
Sandiga
nbayan
SC, CA,
RTC