R.

PROVISIONAL REMEDIES
Q: Distinguish the different kinds of provisional remedies.
A:
Preliminary
Attachment
(Rule 57)
Subject Matter
Personal and
real property

Preliminary
Injunction
(Rule 58)

Receivershi Replevin (Rule

p (Rule 59) 60)

Support
Pendente Lite
(Rule 61)

Particular
act(s)

Personal and
real property

Personal
property
capable of
manual delivery

Money or other
forms of support

RTC, Family
Court,
Metropolitan,
Municipal, and
Municipal Circuit
Trial Courts

GR: Family
Court
XPN: In criminal
actions, as long
as the civil
aspect is tried
together with it ,
the RTC or MTC
having
jurisdiction may
also issue this
remedy.(e.g Art.
345 (3) RPC, in
crimes against
chastity, In
every case to
support the
offspring..)

Court where
action is
pending, the
CA or the
SC, or a
member
thereof,
even if
action is
pending in
the lower
court.
Appellate
court may
allow
application
for
receivership
to be
decided by
the court of
origin (Sec.
1)

Only the court

where action is
pending.

Court of origin
and appellate
court. (Ramos v.
CA, GR No. L31897, June 30,
1972)

At any stage
of the
proceeding
and even

At the
commencement
of the action but
before answer is

At the
commencement
of the action or
at any time prior

Jurisdiction (Court which can grant it)

SC, CA, RTC,
SC, CA, RTC,
SC, CA, RTC,
Family Court,
Family Court,
Family
Metropolitan,
Metropolitan,
Court,
Municipal and
Municipal and
Metropolitan
Municipal
Municipal
, Municipal
Circuit Trial
Circuit Trial
and
Courts
Courts
Municipal
Circuit Trial
Courts

Who may grant it

Courts where
Only the Court
action is
where the
pending, the
action is
CA or the SC
pending;
(Sec. 2)
Lower court,
CA or SC
provided
action is
pending in the
same court
which issues
the injunction
(Sec. 2)

When available
At any stage of At any stage of
the action but
the action but
before entry of before
final judgment judgment or

(Sec. 1)

final order
(Sec. 1)

How applied for

File affidavits
File verified
and applicants application
bond (Sec. 3)
and applicants
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 applicants
affidavit and
bond (Sec.4)
Purpose(s)
1. To seize the
To require a
property of the party or a
adverse party
court, agency
in advance for
or a person to
the satisfaction refrain from
of judgment
doing a
that may be
particular act
recovered in
or to require
cases falling
the
under Sec.1,
performance of
Rule 57.
a particular act
To prevent
2. To enable
future injury
the court to
and maintain
acquire
the status quo.
jurisdiction
(Kencht v. CA,
over the action G.R. No.
by the actual
97962, Nov.
or constructive 17, 1993)
seizure of the
property in
those
instances
where personal
service of
summons on
the creditor
cannot be
effected.
(Quasha v.
Juan,G.R.No.L5
4158, Nov. 19,
1982)
Ground(s)

after finality
of judgment;
anytime
prior to
satisfaction
of judgment

filed (Sec. 1)

to the judgment
or final order
(Sec. 1)

File verified
application
and
applicants
bond;
application
may also be
included in
initiatory
pleading in
actions for
foreclosure
of mortgage
(Secs. 1 and
2)

File affidavits
and applicants
bond (Sec. 2)

File verified
application;
bond not
required (Sec. 1)

To place the
property
subject of an
action or
proceeding
under the
control of a
third party
for its
preservation
and
administrati
on litis
pendentia
and to
protect the
rights of all
the parties
under the
direction of
the court.

To recover
possession of
personal
property. (1999
Bar Question)

To compel
adverse party to
provide support
while the action
is pending in
court.

1. GR: In an
action for the
recovery of a
specified
amount or
damages.
XPN:
a. moral and
exemplary
b. against a
party who is
about to
depart from
the Philippines
with intent to
defraud his
creditors;
2. In an action
for money or
property
embezzled or
fraudulently
misapplied or
converted to
his own use by
a public officer,
or by any other
person in a
fiduciary
capacity, or for
a willful
violation of
duty;
3. In an action
to recover the
possession of
property
unjustly or
fraudulently
taken,
detained or
converted,
when the
property has
been
concealed,
removed or
disposed of to
prevent its
being found or
taken by the
applicant or an
authorized
person;
4. In an action
against a party
who has been
guilty of fraud
in contracting

1. That the
applicant is
entitled to the
relief
demanded
which consists
in restraining
the
commission or
continuance of
the act
complained of,
or in requiring
the
performance of
an act for a
limited period
or perpetually
2. Commission,
continuance or
nonperformance of
the act during
the litigation
would probably
work injustice
to the
applicant; or
3. Party, court,
agency or a
person is
doing,
threatening, or
is attempting
to do, or is
procuring or
suffering to be
done, some
act probably in
violation of the
rights of the
applicant
respecting the
subject of the
action and
tending to
render the
judgment
ineffectual
(Sec. 3)

1. When the
applicant
has an
interest in
the property
or fund
subject of
the
proceeding
and such
property is
in danger of
being lost,
removed or
materially
injured
unless a
receiver is
appointed;
2. In
foreclosure
of mortgage,
when the
property is
in danger of
being
wasted or
dissipated or
materially
injured and
that its
value is
probably
insufficient
to discharge
the
mortgage
debt or that
it has been
agreed upon
by the
parties;
3. 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
execution
has been
returned
unsatisfied

Applicant is:
1. The owner of
the property
claimed; or

When equity
and justice
require, having
due regard to
the probable
2. Entitled to the outcome of the
possession
case and such
thereof but the
other
property is
circumstances
wrongfully
as may suggest
detained by the the reasonability
adverse party
of granting
(Sec. 2)
support
pendente lite

the debt or
incurring the
obligation or in
its
performance
5. In an action
against a party
who has
removed or
disposed of his
property, or is
about to do so,
with intent to
defraud his
creditors;
6. In an action
against a party
who does not
reside and is
not found in
the Philippines,
or on whom
summons may
be served by
publication

of the
judgment
obligor
refuses to
apply his
property in
satisfaction
of the
judgment, or
otherwise to
carry the
judgment
into effect;
or
4. When
appointment
of receiver is
the most
convenient
and feasible
means of
preserving,
administerin
g or
disposing of
the property
in litigation
(Sec. 1).

Whether principal or ancillary

Ancillary
Principal
remedy
action/
ancillary
remedy

action
Principal
action/
ancillary
remedy

Effectivity
During the
pendency of
the case
unless earlier
discharged or
quashed by
the court

During the
pendency of
the case
unless earlier
discharged or
quashed by
the court

Until
discharged
by the court

Principal action/
ancillary remedy

Ancillary to:
1. Action for
support; or
2. In a criminal
action where
civil liability
includes support
for the offspring
provided the
civil aspect
thereof has not
been waived,
reserved or
instituted prior
to its filing.

During the
During the
pendency of the pendency of the
case unless the
case.
defendant files a
redelivery bond.

Requirement of Hearing
Not required;
GR: Required
may be issued XPN: Great or
ex parte (2001 irreparable
Bar
injury would
Question)
result /
extreme
urgency and
applicant will
suffer grave
injustice and
irreparable
injury (Sec. 5)
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 that 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 (Sec. 4,
Rule 57; Sec. 4, Rule 58,
Sec. 2, Rule 59 )

Required

Not required ;
may be issued
ex parte

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 in the action
(Sec. 2)

Required
Within 3 days
after comment
is filed or after
expiration of
period of filing

No bond required.

2 bond requirement for

receivership:
1. Filed by the applicant;
and
2. Filed by the receiver.
Immediately Executory
No
Yes

Yes

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 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.
Counter Bond
Cash deposit
may be made
in lieu of the
counter-bond
(Sec. 12)

Filing of
counter-bond
made only
upon showing
that the
issuance or

No

Yes

Not applicable.

Amount of
counterbond to be
fixed by the
court (Sec.
3)

Amount of
Not applicable.
counter-bond
should be
double the value
of the property
(Sec. 5)

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
(Sec. 6)
Other Grounds For Discharge
1. Improper or
irregular issuance
or enforcement or
insufficiency of
bond. (Sec. 13)
2. Judgment
rendered against
attaching creditor
(Sec. 19)
3. Property
attached is
exempt from
execution (Sec. 2
& 5)

1. Insufficiency of
the application
(Sec. 9)
2. Other grounds
(e.g. applicants
bond is
insufficient/
defective), upon
affidavits of the
party or person
enjoined

1. Appointment
was obtained
without
sufficient cause.
2. Bond posted
by the applicant
/ receiver is
insufficient
(Sec. 3).

1. Plaintiffs bond is
found to be insufficient
or defective and is not
replaced with proper
bond; or
2. Property is not
delivered to the plaintiff
for any reason (Sec. 6).

4. Attachment is
excessive, but the
discharge shall be
limited to the
excess (Sec. 13).

Damages in Case Applicant is Not Entitled Thereto or For Irregularity of

the Procurement Of the Provisional Remedy

Requisites:
1. Owner of the property attached must
file before trial or before perfection of
appeal or before judgment becomes
executory an application for damages;
2. Party who availed of provisional
remedy and his surety must be
notified, showing right to damages and
amount thereof; and
3. Such damages may be awarded only
after proper hearing and shall be
included in the judgment of the main
case.
If the judgment of the 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 (Sec. 20, Rule 57; Sec.
8, Rule 58; Sec. 9, Rule 59; Sec. 10,
Rule 60)
.
Note: Any award of damages for the
wrongful issuance of a provisional
remedy should be recovered in the
same case. The recovery of damages
cannot be had in a separate action.

When the judgment or final order finds

that the person who has been providing
support pendente lite is not liable therefor,
the court shall order the recipient to return
the amounts already received with interest
from the date 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
support.
If the recipient fails to reimburse the
amount, the person who provided the
same may seek reimbursement in a
separate action from the person legally
obliged to give such support (Sec. 7)