Professional Documents
Culture Documents
These provisional remedies are also available in interim reliefs provided for in other rules and laws and in criminal
cases and in some special civil actions and special proceedings.
Preliminary Attachment
Definition and Purpose
Preliminary Attachment - The proper party may have the property of the adverse party taken into the custody of the
court as security for the satisfaction of any judgment that may be covered, at the commencement of the action or at any
time before entry of judgment.
Attachment is purely statutory remedy. It cannot exist without a statute granting it.
Attachment is preliminary only when resorted to before the finality of the judgement to secure the property of the
adverse party before its dissipation.
There is no separate action called preliminary attachment. It is availed during the pendency of a principal action
because it is a mere provisional remedy.
In its nature, it is a proceeding quasi in rem or action in rem which is true only when the defendant does not appear in
the action, the only effect of which is to subject the property attached to the payment of the defendant which the court
may find to be due to the plaintiff.
If the defendant appears, the cause becomes mainly a suit in personan with the addition that the property remains liable.
Grant of preliminary attachment is discretionary upon the court and not a matter of right on the part of the applicant.
The rules on the issuance of a writ of attachment must be strictly construed in favor of the defendant. Otherwise stated,
it should be strictly construed against the applicant since this remedy is so harsh and rigorous for it exposes the debtor
to humiliation or annoyance. If the requisites for the issuance of the writ are not present, the court which issues it acts
in excess of jurisdiction.
The writ must be granted only on concrete and specific grounds and not merely averments quoting the words of the
rules.
Who may avail of preliminary attachment?
Plaintiff or any proper party may have the property of the adverse party attached. Proper party refers to defendant who
files a counterclaim, cross-claim or third-party complaint.
What is the purpose of preliminary attachment?
To seize the property of the debtor before final judgment and put the same in custodial egis even while the action is
pending for the satisfaction of a later judgment.
To enable the court to acquire jurisdiction over the res or the property subject of the action in cases where service in
person or any service to acquire jurisdiction over the defendant cannot be effected because the action is one in
personam.
Ex. Person outside the Philippines, jurisdiction over the person of the party (in personam) cannot be acquired;
hence, the remedy is to acquire jurisdiction over the res (property).
The affidavits need not be executed by the applicant. It may be executed by some other persons who
personally knows the facts.
The amount of bond is fixed by court equal to the value of the property.
Contents of Affidavit:
Affidavit should contain:
Sufficient cause of action exists;
That the case is one of those mentioned grounds to which writ may be issued.
That there is no other sufficient security for the claim sought to be enforced by the action; and
That 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.
Affidavit should allege all the matters what the rule requires it to contain. Otherwise, the writ shall be fatally defective
and the judge issuing it is deemed to have acted in excess of his jurisdiction.
It must be shown that the security is insufficient to cover the claim.
Conditions of applicants bond:
It is conditioned upon the payment by the party applying for an order of attachment of all costs which the adverse may
be adjudged as entitled to and all damages which he may sustain by reason of attachment, if it shall be finally be
adjudged that the party applying for attachment was not entitled thereto.
The damages which may be claimed against the bond, refers only to damages sustained because of or by reason of
attachment.
Ex parte issuance or upon motion with notice and hearing:
Even if a case is already on appeal, preliminary attachment could still be availed of by an applicant.
The order of preliminary attachment may granted upon motion and notice and hearing by the court in which the action
is pending, and may even be issued by the Court of Appeals or the Supreme Court.
It may also be issued ex parte and even before summons is served upon the defendant. However, the writ may not be
enforced and validly implemented unless preceded or simultaneously accompanied by service of summons, copy of the
complaint, application for attachment, order of attachment and the attachment bond. Implementation of the writ without
the required jurisdiction over the person is null and void.
The application for the writ may be granted ex parte because it is possible that during the course of the hearing, the
party against whom the writ is sought may dispose of his property or abscond before the writ is issued. Nothing in the
Rules of Court makes notice and hearing indispensable and mandatory requisites for the issuance of a writ of
attachment.
It is not the notice to the defendant that is sought to be avoided but the time which such hearing would take because the
defendant may delay the hearing to be able to dispose of his properties.
Contents of order of attachment:
The order must require the sheriff of the court to attach so much of the property of the Philippines of the party against
whom it is issued, not exempt from execution, as may be sufficient to satisfy the applicants demand, unless such party
makes a deposit or gives a bond in an amount equal to that fixed in the order, which may be the amount sufficient to
satisfy the applicants demand or the value of the property to be attached as stated by the applicant, exclusive of costs.
Stages of the proceedings when preliminary attachment may be applied for:
Preliminary attachment may be applied for a) at the commencement of the action, or b) at any time before entry of
judgment
If it is applied for at the commencement of the action, the application may be incorporated in a verified complaint
alleging all the grounds relied upon and complying with all the requisites for the grant of the application.
If not applied for at the commencement of the action, the application may be made at any stage of the proceedings,
even after judgment, but before its entry. The stage before the stage before the entry of judgment is the last opportunity
to avail of the remedy.
It is the character of the office or the duty of the defendant that is to be considered when the prohibited acts
are performed.
A fiduciary duty is one founded in trust and confidence.
Basis of application upon this ground are a) contracting the debt or incurring the obligation (dolo causante) or
b) in the performance of his obligation (dolo incidente).
Dolo Causante Fraud used to induce another to enter into a contract. Ex. Mr. X asked his rich friend Mr. Y,
to grant him a loan using a spurious land title as security. If Mr. Y later learns of the fraud, he may file an
action to recover the amount loaned and a writ of preliminary attachment.
Dolo Incidente Fraud employed by a party in the fulfillment of his obligation or after the obligation has
been contracted; this only obliges the person employing it to pay damages. Ex. Knowingly issuing a bouncing
check to pay debt may likewise be considered fraud in the performance of the obligation.
The fraud must relate to the execution of the agreement and must have been the reason which induced the
other party into giving consent.
A debt is fraudulently contracted if at the time of contracting it, the debtor has a preconceived plan or
intention not to pay.
Fraud is a state of mind and need not be proved by direct evidence but may be inferred from the
circumstances attendant in each case.
2 requirements: a) A party has removed or disposed of his property, or is about to do so; and b) the acts in
letter a must be with intent to defraud the creditor.
A writ of preliminary attachment under this provision merely requires that it be an action against a
defendant who has removed or disposed of his property, or is about to perform such acts with the intent to
defraud his creditors.
Here, the attachment is intendent to enable the court to acquire jurisdiction over the res by converting the
action in personam to an action in quasi in rem, and thus, justifying summons by publication and other modes
of summons.
It also applies to persons who need not be non-residents but on whom summons may be served by
publication. These persons include the following: a) resident defendants whose identity or whereabouts are
unknown; and b) resident defendants who are temporarily out of the country.
Summons by publication is not the only mode of summons available against defendants. Since they are
residents of the Philippines, they may be served by substituted service.
Moreover, where the defendant is a resident who is temporarily out of the Philippines, attachment of his/her
property in an action in personam is not always necessary in order for the court to acquire jurisdiction to hear
the case. Sec. 16, Rule 14 states that When an action is commenced against a defendant who ordinarily
resides within the Philippines, but who is temporarily out of it, service may, by leave of court, be also
effected out of the Philippines.
After due notice and hearing, the court shall direct that the attachment be discharged.
Sec. 12 of Rule 57 does not authorize a discharged of the attachment ex parte. Also, mere posting of the
counter bond does not automatically discharge the writ of attachment.
Counterbond is different from a bond. A bond answers for the costs which may be adjudged to the adverse
party and the damages which he may sustain by reason of the attachment.
By filing a motion to set aside or discharge the attachment on other grounds without need for filing a counter-bond
based on the following grounds:
The attachment was improperly or irregularly issued or enforced;
The bond is insufficient;
The attachment is excessive (but in this case, the discharged shall be limited to the excess); and
The property is exempt from execution
The motion may be filed before levy, after levy or even after the release of the attached property. If the motion be made
on affidavits on the part of the movant but not otherwise, the attaching party may oppose the motion by counter-
affidavits or other evidence in addition to that on which the attachment was made.
After due notice and hearing, the court shall order the setting aside or the corresponding discharge of the attachment.
Effect of the discharge of the attachment
The property, or the proceeds of any sale thereof, shall be delivered to the party making the deposit or giving the
counter-bond, or the person appearing on his behalf.
Recovery of Damages
Damages may be awarded after notice and hearing on account of improper, irregular or excessive attachment.
Hence, even a party who loses his main case, but is able to establish a right to damages by reason of improper, irregular
or excessive attachment, may be entitled to damages.
When must application for damages be filed:
Before the trial
Before the appeal is perfected
Before the judgment becomes executory.
Preliminary Mandatory Injunction an order requiring the performance of a particular act or acts.
Nature of Preliminary Injunction
It is merely temporary, subject to the final disposition of the principal action.
It is not a cause of action in itself but merely a provisional remedy, an adjunct to the main suit.
It is an equitable remedy, resorted to by litigant to avoid injurious consequences which cannot be remedied under any
standard of compensation. He who must apply for it must; 1) do an equity; and 2) He who comes into equity must come
with clean hands
It rests upon an alleged existence of an emergency or of a special reason.
It is based solely on initial and incomplete evidence. It is not a final resolution or decision disposing of the case.
Issuance of preliminary injunction rests upon the sound discretion of the trial court. Its exercise cannot be interfered
with except with grave abuse of discretion.
Purpose:
To preserve the status quo or to prevent future wrongs in order to preserve and protect certain interests or rights during
the pendency of the action.
It is issued by the court to prevent a threatened or continued irreparable injury to the plaintiff before a judgment can be
rendered on the claim.
Status Quo Last actual, peaceful and uncontested status that precedes the actual controversy, that which is existing at the time
of the filing of the case.
Ex. The NAWASA cut off its water service to Xs residence for the latters alleged failure to pay his water bills for six months. X
claims that he had paid all his water bills as evidence by receipts. NAWASA claims the receipts to be fake and so refused to
restore its water service to Xs residence.
Answer: As a counsel for X, it is imperative to file an action for specific performance and damages against NAWASA and to
restore service, apply for a writ of preliminary mandatory injunction. Here, the action for specific performance and damages is
the main action and the preliminary mandatory injunction is the provisional remedy.
-The hearing on the application for issuance of a writ of preliminary injunction is separate and distinct from the trial on the merits
of the main case for injunction.
- A judgment in an action for injunction is immediately executory. It is enforceable after its rendition and shall not be stayed by
an appeal taken therefrom, unless otherwise ordered by the trial court.
Existence of a clear and unmistakable right; as pre conditioned for the issuance of the writ of injunction
The writ is issued upon the satisfaction of the two requisites:
Existence of a right to be protected;
Acts which are violative of said right.
In an absence of a clear legal right, the issuance of the injunctive relief constitutes grave abuse of discretion.
Injunction is not designed to protect contingent or future rights. Where the complaints right is doubtful or disputed,
injunction is not proper.
The possibility of irreparable damage without proof of actual existing right is not a ground for an injunction.
Examples where there is no legal right existing:
To restrain the execution of a final and executory decision.
Expired service contract
Quantum of evidence required:
The plaintiff need only show that they have an ostensible right, hence, need not be based on a conclusive and complete
evidence.
Hearing, is also required before the court can issue an injunctive writ where both sides can introduce their evidence.
It is necessary to show that the right exist at least tentatively.
Although general rule is that a sampling of evidence is required to be submitted during the hearing on the motion for
preliminary injunction, there are also instances when the writ of preliminary injunction can be issued based on the
verified application, provided there is notice and hearing.
Requisites for issuance of a writ of preliminary injunction or a Temporary Restraining Order
There must be a verified application. Absence of verification makes the application insufficient both in form and
substance.
The applicant must establish the 1) existence of a clear and unmistakable right that must be protected; and 2) Urgent
and paramount necessity for the writ to prevent serious damage
The applicant must post a bond, unless exempted by the court. This shall be in an amount to be fixed by the court and
executed in favor of the party enjoined to the effect that the applicant shall pay to the party enjoined all damages which
he may sustain by reason of the preliminary injunction or the restraining order if the court should finally decide that the
applicant was not entitled to the writ or order.
As to writ of preliminary injunction, the court must conduct a hearing. The writ shall not be issued without a prior
notice and hearing.
The application for TRO shall be acted upon only after all parties are heard in a summary hearing which shall
be conducted within 24 hours after the sheriffs return of service and/or the records are received by the
branch selected by raffle and to which the records shall be transmitted immediately.
Purpose of the injunction bond
To protect the defendant against loss or damage by reason of the injunction in case the court finally decides that the
plaintiff was not entitled to it.
The applicant for a writ of preliminary injunction may however, be exempted by the court from posting a bond as
according to Sec.4(b), Rule 58.
The party filing a bond shall serve a copy of such bond on the other party.
The other party may take exceptions or object to the sufficiency of the bond, or the surety or sureties thereon.
The injunction shall be dissolved if the applicants bond is found to be insufficient in amount, and a bond sufficient in
amount with sufficient sureties is not filed.
Injunction shall be granted ore restored, if the bond of the adverse party if found to be insufficient in amount and a
bond sufficient in amount is not filed.
Irreparable If it is of such constant and frequent recurrence that no fair or reasonable redress can be had therefore in court of
law or where there is no standard by which their amount can be measured with reasonable accuracy.
Rule on Prior or Contemporaneous Service of Summons
Notice of application for writ of preliminary injunction or TRO shall be preceded or contemporaneously accompanied
by:
Service of summons
A copy of the complaint or initiatory proceeding
Applicants affidavit and bond upon the adverse party
Except:
Where the summons could not be served personally or by substituted service despite diligent efforts;
The adverse party is a resident of the Philippines temporarily absent therefrom; or
Is a nonresident thereof
Rule on Prior or contemporaneous Service of summons; When not required
An application for a writ of preliminary injunction or temporary restraining order may be included in a complaint or
any initiatory pleading
Notice and hearing:
No preliminary injunction shall be granted without hearing and prior notice to the party or persons to be enjoined. It cannot be
issued ex parte.
2.5. Temporary Restraining Order
TRO- Issued to preserve the status quo until the hearing of the application for a writ of preliminary injunction because injunction
cannot be issued ex parte.
TRO vs Writ of preliminary injunction
TRO Writ of preliminary injunction
Can be granted ex party if it shall appear from the facts
shown by affidavits or by the verified application that great
Cannot be granted without notice and hearing
or irreparable injury would result to the applicant before the
matter can be heard on notice.
Restrains or required the performance of particular acts Maintains the status quo
No definite date of effectivity but the trial court, the CA, the
Effectivity does not exceed 20 days, including the first 72
Sandiganbayan, or the CTA that issued the writ of
hours (RTC); Does not exceed 60 days (CA); Indefinite until
preliminary injunction shall decide the main case or petition
further orders (SC)
within 6 months from the issuance of the writ
Status Quo order is not a TRO. It is more in the nature of a cease and desist order, since it neither directs the doing or undoing
of acs as in the case of prohibitory or mandatory injunctive relief. It has no specified duration and does not specifically direct the
performance of an act. It lasts until it is revoked. Its duration may even be subject to agreement of the parties. No bond is
required for its issuance.
- It is resorted to when the projected proceedings in the case made the conservation of the status quo desirable
or essential, but the affected party neither sought such relief nor did the allegations in his pleading sufficiently make out a case
for a TRO.
2.6. Prohibition on injunction under special laws
In relation to RA 8975, Ban on issuance of TRO or Writ of Injunction in cases involving government infrastructure
projects:
To enabler the State to ensure expefditious and efficient implementation and completion of governmental infrastructure
projects, avoid unnecessary increase in construction, maintenance and or repair cost and immediately enjoy the social
and economic benefits therefrom.
R.A. 8975, Sec.3 specifically provides No court except SC, shall issue any TRO, preliminary injunction or preliminary
mandatory injunction against the government, or any of its subdivisions, officials or any person or entity, whether
private acting under the government direction to restrain, prohibit or compel the following acts:
Acquisition, clearance and development of right-of-way and or site or location of any national government project
Bidding or awarding of contract of the national government as defined in Sec.2 hereof
Commencement, prosecution execution, implementation, operation of any such contract or project
Termination or rescission of any such contract/project
The undertaking or authorization of any other lawful activity necessary for such contract/project
This prohibition shall not apply when the matter is extreme urgency involving a constitutional issue, such that, unless a
TRO is issued, grave injustice and irreparable injury will arise.
The applicant shall file a bond, in an amount to be fixed by the court, which bond shall accrue in favor of the
government if the court should finally decide that the applicant was not entitled to the relief sought.
A judge who issue a TRO or writ of injunctions, in violation of this special law shall have the penalty of suspension of
atleast 60 days without pay in addition to any civil and criminal liabilities he or she may incur.
Cases:
Davao Light & Power Co, Inc. v. CA (December 29, 1991)
Sofia Torres, et. al. v. Nicanor Satsatin (November 25, 2009)
Lim v. Spouses Lazaro (July 3, 2013)
Buyco v. Baraquia (December 21, 2009)
Medina v. Greenfield Development Corp. (G.R. no. 140228, November 19, 2004)
Receivership
3.1. What is a Receiver?
Receiver A person appointed by the court in behalf of all the parties to the action for the purpose of preserving and conserving
the property in litigation and prevent its possible destruction or dissipation, if it were left in the possession of any of the parties.
Purpose: To protect and preserve the right of the parties during the pendency of the main action, during the pendency of an
appeal, or as an aid in the execution of a judgment as when the writ of execution has been returned unsatisfied.
Nature of Receivership:
The property or properties being placed under the receivership are those involved in the litigation. It does not refer to
the receivership authorized under the banking laws and other rules or laws.
Receivership, like injunction, may be the principal action itself or just an ancillary remedy.
It is also aimed at the preservation of, and at making more secure existing rights. It cannot be used as an instrument for
the destruction of those rights.
General Rule: Neither party to a litigation should be appointed receiver without the others consent because a receiver ought to be
an indifferent person between the parties and should be impartial and disinterested.
Who may grant receivership: Receivership may be granted by the court in which the action is pending, by the Court of Appeals or
the Supreme Court, or any member thereof.
When may receivership be applied: This provisional Remedy may be resorted to during the pendency of an appeal or even after
the judgment has become final and executory.
Note:
The appointment of a receiver is not a matter of absolute right. It depends upon the sound discretion of the court and is
based on facts and circumstances of each particular case.
A receiver is not an agent or representative of any party to the action but a real party in interest, but he cannot file a
case without the consent of the receiver court.
He is an officer of the court exercising his functions in the interest of neither the plaintiff nor defendant but for the
common benefit of all the parties in interest.
He performs his duties subject to the control of the Court, and every question involved in the receivership may be
determined by the court taking cognizance of the receivership proceedings.
There must be a clear showing of necessity therefor in order to save the plaintiff from grave and irremediable loss or
damage.
It is only when circumstances so demand, either because there is imminent danger that the property sought to be placed
in the hands of a receiver be lost or because they run the risk of being impaired, endeavouring to avoid that the injury
thereby caused be greater than the one sought to be avoided.
4. Replevin
4.1. Definition and Nature
Replevin The provisional remedy seeking for possession of personal property prior to the determination of the main action for
the recovery thereof.
Nature:
Replevin is both a form of principal remedy and of provisional relief. It may refer either to the action itself, or to the
provisional remedy that would allow the plaintiff to retain the thing during the pendency of the action and to hold it
pendente lite.
As a principal action its ultimate goal is to recover the personal property capable of manual delivery wrongfully
detained by a person. Hence, it is a suit in itself.
Ex. The plaintiff claims that the defendant is in possession of his car without lawful cause, he may file an action for
replevin.
As a provisional remedy, it happens when a party applies for the delivery of the property subject of the action during its
pendency.
Ex. In the same example above, while the action is pending, the plaintiff may ask the court to allow him to have
possession of the car in the meantime. He may justify his application, for instance, by showing that he uses the same as
an economic tool and the continued possession of the car by the defendant deprives him of a vital source of income.
Another example, it is held that a foreclosure under a chattel mortgage may properly be commenced only once there is
default on the part of the mortgagor of his obligation secured by the mortgage. The replevin, in the instant case, has
been sought to pave the way for the foreclosure of the object covered by the chattel mortgage.
The primary relief sought therein is the return of the property in specie wrongfully detained by another person.
It is in the nature of a possessory action and the applicant who seeks the immediate possession of the property need not
be the holder of the legal title to the property. It is sufficient that at the time he applied for a writ of replevin he is found
to be entitled to a possession thereof.
When may be applied for: A writ of replevin must be applied for at the a) commencement of the action or b) at any time before
the defendant files his answer, for which reason there can be no replevin before the appellate court.
REPLEVIN ATTACHMENT
The purpose is to have the property put in the custody of the
The purpose is to recover personal property capable of
court to secure the satisfaction of the judgment that may be
manual delivery from the defendant
rendered in favor of the plaintiff at some future time.
The property either belongs to the plaintiff or one over which The property does not belong to the plaintiff but to the
the plaintiff has a right of possession defendant.
May be sought only when the principal action is recovery of Available even if recovery of property is only incidental to
personal property. the relief sought.
Can be sought only when defendant is in actual or May be resorted to even if the property is in possession of a
constructive possession of the property. third person.
Cannot be availed of when property is in custodia legis Can be availed of even if property is in custodia legis.
Available before defendant answers Available from commencement but before entry of judgment
Bond is double the value of the property Bond is fixed by the court
Extends to all kinds of property whether real, personal or
Extends only to personal property capable of manual delivery
incorporeal
Attachment to recover possession of personal property
Available to recover personal property even if the same is not unjustly detained presupposes that the same is being
being concealed, removed or disposed of. concealed, removed or disposed of to prevent its being found
or taken by the applicant.
Note:
There can be no replevin and preliminary attachment in the same case because the purposes are different.
Rule 57 (Writ of Preliminary Attachment) is for security, Rule 60 (Replevin) is for recovery of possession.
In injunction, the bond is the amount fixed by the court, unless the court exempts the applicant from posting a bond. In
receivership, the bond is also fixed by the court.
Applicant must give a replevin bond, executed to the adverse party and double the value of the property.
Section 3. Order
Upon filling of the affidavit and the approval of the bond, the court shall issue an order and the corresponding writ of replevin
describing the personal property and requiring the sheriff to take such property into his custody.
Note:
The order is issued without summary hearing unlike in other provisional remedies.
The dismissal of the replevin case for failure to prosecute results in the restoration of the parties status prior to
litigation, as if no complaint was filed at all. Hence, the writ of seizure, which is merely ancillary in nature, became
functus officio and should have been lifted.
Note:
If for any reason, the property is not delivered to the applicant, the sheriff must return it to the adverse party.
For the adverse party to effect the return of his property under the custody of the sheriff, the following must be met:
He should post a redelivery bond in an amount double the value of the property
The bond is executed to the applicant
He should serve a copy of the bond to the applicant
He must perform the above acts before the delivery of the property to the applicant. This means within 5 days form the
taking of the property by the sheriff
The bond is sufficient.
Remedies available to a third person not party to the action but whose property is the subject of execution:
TERCERIA
By making an affidavit of his title thereto or his right to possession thereof, stating the grounds of such right or title.
The affidavit must be served upon the sheriff and the attaching party (Sec. 14, Rule 57).
Upon service of the affidavit upon him, the sheriff shall not be bound to keep the property under attachment except if
the attaching party files a bond approved by the court.
The sheriff shall not be liable for damages for the taking or keeping of the property, if such bond shall be filed.
EXCLUSION OR RELEASE OF PROPERTY
Upon application of the third person through a motion to set aside the levy on attachment, the court shall order a
summary hearing for the purpose of determining whether the sheriff has acted rightly or wrongly in the performance of
his duties in the execution of the writ of attachment.
The court may order the sheriff to release the property from the erroneous levy and to return the same to the third
person.
In resolving the application, the court cannot pass upon the question of title to the property with any character of
finality but only insofar as may be necessary to decide if the sheriff has acted correctly or not.
INTERVENTION
This is possible because no judgment has yet been rendered and under the rules, a motion for intervention may be filed
any time before the rendition of the judgment by the trial court (Sec. 2, Rule 19).
ACCION REINVINDICATORIA
The third party claimant is not precluded by Sec. 14, Rule 57 from vindicating his claim to the property in the same or
in a separate action.
He may file a separate action to nullify the levy with damages resulting from the unlawful levy and seizure. This action
may be a totally distinct action from the former case.
Section 9. Judgment
The court shall determine who has the right of possession to and the value of the property and shall render judgment in
the alternative for the delivery to the party entitled to the same, or for its value in case delivery cannot be made, and
also for damages that may be proven by the parties, with costs.
Surety liability under the replevin bond should be included in the final judgment to prevent duplicity of suits or
proceedings.
Proceedings of Section 20 of Rule 57 are applicable not only to the replevin bond of the plaintiff but also to the
redelivery bond posted by the defendant for the lifting of the writ.
Cases:
Commodities Storage & Ice Plant Corp. v. CA (June 19, 1997)
BA Finance Corp. v. CA (July 5, 1996)
Distilleria Washington, Inc. v. Court of Appeals, 331 Phil. 622
Twin Ace Holdings Corporation v. Rufina and Company (June 8, 2006)
Susan Lim-Lua v. Danilo Lua (June 5, 2013)