Rule 57
Preliminary Attachment
Rule 58
Preliminary Injunction
Rule 59
Receivership
Purpose
To have the property of the
adverse party attached as
security for the satisfaction of
any judgment that may be
recovered in cases falling
under Rule 57 Section 1.
To place the property or fund
subject of an action or
proceeding under the control
of a third party for its
preservation
and
administration litis pendentia
Recovery of Possession
personal property
Who may file?
1. Plaintiff or
2. any proper party (Sec. 1)
Preliminary
prohibitory
injunction is a provisional
remedy requiring a party or a
court, agency or a person to
refrain from a particular act or
acts.
Preliminary
mandatory
injunction is a PR requiring
the
performance
of
a
particular act or acts (R58, S1)
Applicant
Applicant praying for the
recovery of possession of
personal property
When
applied/granted
1. At the commencement of
the action; or
Applicant who may be:
1. a person who has interest
in a property that is in danger
of being lost, removed or
materially damaged;
2. mortgagee in a foreclosure
3. judgment creditor
4. litigant
At any time prior to the
satisfaction of judgment
2. at any time before entry of
judgment (Sec. 1)
From
Commencement
before entry of judgment
How applied for?
Affidavit
Verification
Who may grant
vs.
to
At any stage of an action or
proceeding
prior
to
the
judgment or final order.
From commencement until
prior to the judgment or final
order
Commencement until prior to
the satisfaction of judgment
Rule 60
Replevin
Rule 61
Support Pendente Lite
of
At the commencement of
action or at any time before
answer
Commencement
answer
until
To compel adverse party to
provide support while action is
pending in court
At the commencement of the
PROPER
ACTION
or
proceeding or at any time prior
to the judgment or final order
before
Commencement until prior to
the judgment or final order
1. Affidavit; and
1. Verified Application; and
1. Verified Application; and
1. Affidavit; and
1. Verified Application may be
2. Bond (Sec. 3)
2. Bond
2. Bond
2. Bond
filed by any party.
Affidavit – is an ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths , about facts which the affiant
either knows of his personal knowledge or is aware of to the best of his knowledge.
Verification – is necessary only when the law or rule specifically requires it. Verification contains a statement that an affiant has read the pleading, that he has
caused the preparation of said pleading and that the allegations therein are true and correct based on authentic records and of his personal knowledge.
An order of attachment may A preliminary injunction may Upon a verified application, Only in the court where the
be issued either ex parte or be granted by the court where one or more receivers of the action is pending. Note that it
upon motion with notice and the action or proceeding is property subject of the action should be filed before answer!
pending including:
or
proceeding
may
be
hearing by:
appointed by:
1.
the court in which the 1. RTC
action is pending, or
2. CA or any member thereof
1. the court where the action
Provisional Remedies Comparison Table by Yna Bote (2014)
Updated by: Bianca Cezar (2015)
Rule 57
Preliminary Attachment
2. by the Court of Appeals; or
3. the Supreme Court even if
action is pending in the lower
court (Sec. 2)
Requisites
for
granting application
(1) Affidavit/Verified
Application
1. affidavit of the applicant, or
of some other person who
personally knows the facts
2. sufficient cause of action
exists
3. the case is one of those
mentioned in Rule 57, sec. 1
In an action:
(a) for the recovery of a
specified amount of money
or damages, other than
moral and 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 Philippines with
intent to defraud his creditors;
(b) for money or property
embezzled or fraudulently
misapplied or converted to
his own use by a public
officer, or an officer of a
corporation, or an attorney,
Provisional Remedies Comparison Table by Yna Bote (2014)
Updated by: Bianca Cezar (2015)
Rule 58
Preliminary Injunction
3. SC or any member thereof
(R58, S2)
4. Sandiganbayan
5. CTA
1.Verified application showing
facts entitling the applicant to
the relief demanded and
2. the whole or part of such
relief consists in restraining
the
commission
or
continuance of the act or acts
complained of, or in requiring
the performance of an act or
acts either for a limited period
or perpetually;
(c) commission, continuance
or non-performance of the act
or acts complained of during
the litigation would probably
work
injustice
to
the
applicant; or
(d) That a party, court, agency
or
a
person
is
doing,
threatening, or is attempting
to do, or is procuring or
suffering to be done some act
or acts probably in violation
of the rights of the applicant
Rule 59
Receivership
Rule 60
Replevin
Rule 61
Support Pendente Lite
1. Affidavit of the applicant or
some
other
person
who
personally knows the facts
that:
By filing a Verified application
for support:
is pending;
2. CA or any member thereof
3. SC or any member thereof
even if the action is pending in
the lower court. The appellate
court
may
allow
the
application for receivership be
decided by the court of origin
and the receiver appointed
shall be subject to the control
of the said court of origin.
1. Verified application showing
that:
(a) the party applying for the
appointment of a receiver
has an interest in the
property or fund which is the
subject of the action or
proceeding, and
that such property or fund is
in danger of being lost,
removed,
or
materially
injured
unless a receiver be appointed
to administer and preserve it;
(b) it appears in an action by
the
mortgagee
for
the
foreclosure of a mortgage that
the property is in danger of
being wasted or dissipated
or materially injured, and
that its value is probably
insufficient to discharge the
(a) The applicant is the owner
or entitled to the possession of
the
property,
particularly
describing it;
(b) the property is wrongfully
detained by the adverse party,
alleging the cause of detention
thereof according to the best of
his knowledge, information,
and belief ;
(c) That the property has not
been distrained or taken for a
tax assessment or a fine
pursuant to law, or seized
under a writ of execution or
preliminary attachment, or
otherwise
placed
under custodia legis, or if so
seized, that it is exempt from
(1) stating the grounds for the
claim and
(2) financial conditions of both
parties, and
(3) accompanied by affidavits,
depositions or other authentic
documents in support thereof
Rule 57
Preliminary Attachment
Rule 58
Preliminary Injunction
factor, broker, agent, or clerk,
in
the
course
of
his
employment as such, or by
any other person in a fiduciary
capacity, or for a willful
violation of duty;
respecting the subject of the
action or proceeding, and
tending
to
render
the
judgment ineffectual. (3a)
(c) to recover the possession
of
property
unjustly
or
fraudulently taken, detained
or
converted,
when
the
property, or any part thereof,
has been concealed, removed,
or disposed of to prevent its
being found or taken by the
applicant or an authorized
person;
(d) against a party who has
been guilty of a fraud in
contracting
the
debt
or
incurring the obligation upon
which the action is brought, or
in the performance thereof;
(e) against a party who has
removed or disposed of his
property, or is about to do so,
with intent to defraud his
creditors; or
(f) against a party who does
not reside and is not found in
the Philippines, or on whom
summons may be served by
publication. (1a) (Rule 57 Sec.
1)
4. there is no other sufficient
security for the claim sought
to be enforced by the action
Provisional Remedies Comparison Table by Yna Bote (2014)
Updated by: Bianca Cezar (2015)
Rule 59
Receivership
Rule 60
Replevin
mortgage debt, or
such seizure or custody; and
that the parties have so
stipulated in the contract of
mortgage;
(d) The actual market value of
the property.
(c)
After
judgment,
to
preserve the property during
the pendency of an appeal, or
to dispose of it according to
the judgment, or
to aid execution when the
execution has been returned
unsatisfied or the judgment
obligor refuses to apply his
property in satisfaction of the
judgment;
(d) it appears that the
appointment of a receiver is
the most convenient and
feasible means of preserving,
administering, or disposing
of the property in litigation.
Rule 61
Support Pendente Lite
Rule 57
Preliminary Attachment
Rule 58
Preliminary Injunction
Rule 59
Receivership
Rule 60
Replevin
Rule 61
Support Pendente Lite
5. 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.
(Sec. 3)
(2)
Requirement
Bond
Additional Bond to
Requirement where
property is claimed
by third person.
A bond executed to the adverse party in the amount fixed by the court in its order granting the
issuance of the writ, conditioned that the latter will pay all the costs which may be adjudged to
the adverse party and all damages which he may sustain by reason of the provisional remedy, if
the court shall finally adjudge that the applicant was not entitled thereto. (R57S4) Unless
exempted by the court (R58S4b) The court may, in its discretion, at any time after the
appointment, require an additional bond as further security for such damages (R59S2)
Requisites where property is
claimed by third person
1. If the property attached is
claimed by any person other
than the party against whom
attachment had been issued
or his agent; and
2. such person makes an
affidavit of his title thereto, or
right to the possession thereof,
stating the grounds of such
right or title; and
3. serves such affidavit upon
the sheriff while the latter has
possession of the attached
property, and a copy thereof
upon the attaching party
Provisional Remedies Comparison Table by Yna Bote (2014)
Updated by: Bianca Cezar (2015)
bond executed to the adverse
party in double the value of
the property as stated in the
affidavit aforementioned, 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 in
the action.
Requisites where property is
claimed by third person
1. If the property taken is
claimed by any person other
than the party against whom
the writ of replevin had been
issued or his agent, and
2. such person makes an
affidavit of his title thereto, or
right to the possession thereof,
stating the grounds therefor,
and
3. serves such affidavit upon
the sheriff while the latter has
possession of the property and
a copy thereof upon the
No bond requirement
Rule 57
Preliminary Attachment
Rule 58
Preliminary Injunction
Effect: The sheriff shall not
be bound to keep the property
under attachment, unless the
attaching party or his agent,
on demand of the sheriff, shall
file a bond approved by the
court to indemnify the thirdparty claimant in a sum not
less than the value of the
property levied upon. In case
of disagreement as to such
value, the same shall be
decided by the court issuing
the writ of attachment.
No claim for damages for the
taking or keeping of the
property may be enforced
against the bond unless the
action therefor is filed within
one hundred twenty (120)
days from the date of the filing
of the bond. The sheriff shall
not be liable for damages for
the taking or keeping of such
property to any such thirdparty claimant, if such bond
shall be filed. Nothing herein
contained shall prevent such
claimant or any third person
from vindicating his claim to
the property, or prevent the
attaching party from claiming
damages against a third-party
claimant who filed a frivolous
or plainly spurious claim, in
the same or a separate action.
a.
When
attachment
the
writ
is issued
Provisional Remedies Comparison Table by Yna Bote (2014)
Updated by: Bianca Cezar (2015)
of
in
Rule 59
Receivership
Rule 60
Replevin
applicant
Effect: the sheriff shall not be
bound to keep the property
under replevin or deliver it
to the applicant unless the
applicant or his agent, on
demand of said sheriff, shall
file a bond approved by the
court to indemnify the thirdparty claimant in a sum not
less than the value of the
property under replevin as
provided in section 2 hereof.
In case of disagreement as to
such value, the court shall
determine the same.
No claim for damages for the
taking or keeping, of the
property may be enforced
against the bond unless the
action therefor is filed within
one hundred twenty (120)
days from the date of the filing
of the bond. The sheriff shall
not be liable for damages, for
the taking or keeping of such
property, to any such thirdparty claimant if such bond
shall be filed. Nothing herein
contained shall prevent such
claimant or any third person
from vindicating his claim to
the property, or prevent the
applicant
from
claiming
damages against a third-party
claimant who filed a frivolous
or plainly spurious claim, in
Rule 61
Support Pendente Lite
Rule 57
Preliminary Attachment
favor of the Republic of the
Philippines, or any officer
duly representing it, the
filing of such bond shall not be
required; and
b. in case the sheriff is sued
for damages as a result of the
attachment,
he
shall
be
represented by the Solicitor
General, and if held liable
therefor, the actual damages
adjudged by the court shall be
paid by the National Treasurer
out of the funds to be
appropriated for the purpose.
(14a)
Discharge
of
Provisional Remedy
Other grounds for
discharge
of
provisional remedy
Rule 58
Preliminary Injunction
Rule 59
Receivership
Rule 60
Replevin
the same or a separate action.
a. When the writ of replevin
is issued in favor of the
Republic of the Philippines,
or
any
officer
duly
representing it, the filing of
such bond shall not be
required, and
b. in case the sheriff is sued
for damages as a result of the
replevin,
he
shall
be
represented by the Solicitor
General, and if held liable
therefor, the actual damages
adjudged by the court shall be
paid by the National Treasurer
out of the funds to be
appropriated for the purpose.
(7a)
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(R57S12)
Cash deposit may be made in Additional Requirement:
Additional Requirements:
It appears after hearing that
Amount
of
counter-bond
lieu of the counter-bond
although the applicant is
should also be double the
entitled to the injunction or
value of the property just like
restraining order, the issuance
the Replevin Bond
or continuance thereof, would:
1. cause irreparable damage to
the party or person enjoined
2. while the applicant can be
fully compensated for such
damages as he may suffer.
1. If attachment is excessive, 1.Insufficiency of application If it is shown that the
discharge only limited to the (ground for denial)
appointment of the receiver
excess
2. Extent of PI or TRO is too was
obtained
without
2.
Improper
or
irregular great, it may be modified
sufficient cause.
issuance or enforcement or 3.
Improper
or
irregular
insufficiency of the bond
issuance or enforcement or
Provisional Remedies Comparison Table by Yna Bote (2014)
Updated by: Bianca Cezar (2015)
Rule 61
Support Pendente Lite
Not Applicable
Rule 57
Preliminary Attachment
Claim for damages
Rule 58
Preliminary Injunction
Rule 59
Receivership
Rule 60
Replevin
insufficiency of the bond
(ground for discharge)
Application for damages on account of improper, irregular or excessive attachment
1. must be filed before the trial or before appeal is perfected or before the judgment becomes executory,
2. with due notice to the attaching party and his surety or sureties
3. setting forth the facts showing his right to damages and the amount thereof.
4. Such damages may be awarded only after proper hearing and
5. shall be included in the judgment on the main case.
Or
If the judgment of the appellate court be favorable to the party against whom the attachment was issued he must claim
damages sustained during the pendency of the appeal by
1. filing an application in the appellate court,
2. with notice to the party in whose favor the Provisional Remedy was issued or his surety or sureties,
3. before the judgment of the appellate court becomes executory.
4. The appellate court may allow the application to be heard and decided by the trial court.
If the bond or deposit given by the party in whose favor the provisional remedy is granted be insufficient or fail to fully
satisfy the award
1. The party against whom the attachment was issued may recover in the same action the damages awarded to him from any
property of the attaching party not exempt from execution (R57, S20)
Provisional Remedies Comparison Table by Yna Bote (2014)
Updated by: Bianca Cezar (2015)
Rule 61
Support Pendente Lite
Restitution. — When the
judgment or final order of the
court finds that the person
who
has
been
providing
support pendente lite is
not
liable therefor:
(1) It shall order the recipient
thereof to return to the former
the amounts already paid with
legal interest from the dates
of actual payment, without
prejudice to the right of the
recipient
to
obtain
reimbursement in a separate
action from the person legally
obliged to give the support.
(2) Should the recipient fail to
reimburse said amounts, the
person who provided the same
may
likewise
seek
reimbursement thereof in a
separate action from the
person legally obliged to give
such support.