PROVISIONAL REMEDIES
Preliminary Attachment Preliminary Injunction/Preliminary Receivership Replevin Support Pendente Lite
Mandatory Injunction
Purpose To have property of adverse party To require a party or a court, agency or a To place the property subject of an action or To compel adverse party to
attached as security for the person to refrain from doing a particular act proceeding under the control of a third party for To recover possession of personal provide support while action is
satisfaction of judgment that may be or acts or to require the performance of a its preservation and administration litis property pending in court
recovered in cases falling under Sec particular act or acts. pendentia
1, Rule 57.
When At the commencement of the action At any stage prior to the judgment or final At any time prior to satisfaction of judgment At the commencement of the action At the commencement of the
applied/granted or at any time prior to the entry of order but before answer is filed action or at any time prior to the
judgment judgment or final order
File verified application and applicant’s File verified application; bond
bond; if application is included in the File verified application and applicant’s bond; not required
How applied for initiatory pleading, the adverse party should application may also be included in initiatory
File affidavits and applicant’s bond be served with summons together with a pleading in actions for foreclosure of mortgage File affidavits and applicant’s bond
copy of the initiatory pleading and the
applicant’s bond
Court where action is pending, the Only the Court where the action is pending; Court where action is pending, the CA or the
CA or the SC even if action is Lower Court, Ca or SC provided action is SC even if action is pending in the lower court.
Who may grant pending in the lower court. pending in the same court which issues the Appellate court may allow application for Only in the court where action is Court of origin and appellate
injunction. receivership be decided by the court of origin. pending court. (See Ramos v. CA)
Requisites for Sufficient cause of action Applicant is entitled to the relief Applicant has interest in the property or Applicant is the owner of the Affidavits, depositions or
granting Case is covered by section 1 demanded fund subject matter of the action or property claimed or is entitled other documents should
application Rule 57 Act/s complained of would work proceeding to the possession of the same show, at least provisionally,
No other sufficient security for injustice to the applicant if not Property or fund is in danger of being lost Property is wrongfully that the applicant is entitled
the claim exists enjoined removed or materially injured detained by the adverse party to receive support
Amount due to applicant or Acts sought to be enjoined probably Appointment of receiver is the most Property is not distrained or
value of property he is entitled violates applicants rights respecting convenient and feasible means of taken for a tax assessment or a
to recover is equal to the sum the subject of the action or proceeding preserving, administering or disposing of fine pursuant to law
for which the order of the property in litigation
attachment is granted
Preliminary Attachment Preliminary Injunction/Preliminary Receivership Replevin Support Pendente Lite
Mandatory Injunction
Where property is When third-party claimant makes an When third-party claimant makes
claimed by third affidavit of his title to the property an affidavit of his title to the
person or his right to the possession thereof, property or his right to the
and serves such affidavit to the possession thereof, and serves such
sheriff and a copy thereof to the affidavit to the sheriff and a copy
attaching party, the sheriff shall not thereof to the attaching party, the
be bound to keep the property unless sheriff shall not be bound to keep
the attaching party files a bond the property under replevin unless
approved by the court to indemnify the applicant files a bond approved
the third-party claimant in a sum not by the court to indemnify the third-
less than the value of the property party claimant in a sum not less
levied upon. Claim for damages for than double the value of the
the taking or keeping the property property levied upon. Claim for
must be filed within 120 days from damages for the taking or keeping
filing of the bond. 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
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 for the return of the property to the
all damages which he may sustain by reason of the granting of provisional remedy prayed for, if the court shall finally adjudge that the adverse party if such return be No bond required
applicant was not entitled thereto 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
Not applicable.
Discharge of
remedy
Preliminary Attachment Preliminary Injunction/Preliminary Receivership Replevin Support Pendente Lite
Mandatory Injunction
Filing of counter-bond made only upon
showing that the issuance or continuance
thereof would cause irreparable damage to
Cash deposit may be made in lieu of the party or person enjoined while the Amount of counter-bond should
the counter-bond applicant can be fully compensated for such also be double the value of the
damages as he may suffer ; counter-bond property
alone will not suffice to discharge the
injunction.
Other grounds: improper or
irregular issuance or enforcement or Insufficiency of the application Appointment was obtained without sufficient
insufficiency of the bond cause
Damages in case When judgment or final order
applicant for any finds the person who has been
of the provisional providing support pendente lite
remedies not Owner of property attached must file before trial or before perfection of appeal application for damages not liable therefor:
entitled thereto or 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 Court shall order the
for any recipient to return the
irregularity in the If judgment of appellate court is favorable to the party against whom provisional remedy was effected: amounts already received
procurement of with interest from the dates
provisional Application must be filed with the appellate court before the judgment of the appellate court becomes executory of actual payment
remedy Appellate court may allow application to be heard and decided by the trial court Recipient may obtain
reimbursement from the
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award: person legally obliged to
give support (separate
Adverse party may recover damages in the same action 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)
