PROVISIONAL REMEDIES [Rules 57 to 61] There must be a main action because without a main action, you cannot file

an action for attachment. For example, in a case involving collection of sum of money with attachment, you cannot file an action for receivership without a main action. But there are provisional remedies which can also be the main action like replevin, injunction with injunction and injunction with preliminary injunction. Why are they called Provisional Remedies? What is the purpose of Provisional Remedies? It is to preserve and protect the rights and interests of the litigants. It is temporary because constitute temporary measures availed of during the pendency of the main action. They are provisional and ancillary because they are mere incidents and dependent upon the result of the main action. If the main action is dismissed like a provisional attachment, then attachment is automatically lifted. If a provisional remedy with injunction is issued and the main case is dismissed, then the injunction shall be automatically lifted. Provisional remedy is also a collateral proceeding, permitted only in connection with the main action and as one of its incidents. The resolution of the provisional remedies does not affect the merits of the case. RULE 57 PRELIMINARY ATTACHMENT The first provisional remedy is Preliminary Attachment. What is Preliminary Attachment? It is a provisional remedy where the court will direct the sheriff or proper officer to levy the property or properties of the defending property to be held by the sheriff or proper officer as security for the satisfaction of judgment. What is the distinction between a Writ and a Process?

Writ is a written court order directed by competent legal authority commanding the addressee to do or refrain from a specified act. Process is the proceeding in any action or prosecution like a subpoena or writ of execution. It is an order for a person to appear or to respond to any court.

The court which grants or issues the provisional remedy is the Court which has jurisdiction over the main case.

Section 1. Grounds upon which attachment may issue. At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any judgment that may be recovered in the following cases: (a) In an action 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 which intent to defraud his creditors; (b) In an action 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, factor, broker agent, or clerk, in the course of his employment as such, or by other person in a fiduciary capacity, or for a willful violation of duty; (c) In an action 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) In an action 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) 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
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creditors; or (f) 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. These are exclusive grounds. The applicant for Preliminary Attachment must allege concrete or factual basis for the issuance of an order of Preliminary Attachment. The general rule is to construe the rules of court liberally. One of the exceptions is Attachment because even before the court decides the case, the plaintiff has already levied the property of the defending party which will cause the latter embarrassment. Gikiha pa gani ka, gibira na imong mga property. So Rule 57 should be strictly construed against the applicant. When shall an application or motion for attachment be filed? 1. At the commencement of the action. 2. Or at anytime before entry of judgment Example, a case for collection of sum of money with attachment is at its commencement. In the course of the trial, the defendant begun to fraudulently dispose his property, so the plaintiff may file a motion for the issuance of writ of preliminary attachment. Why before judgment? Because if there is already a judgment, a writ of execution follows as a matter of course. Kung mu-attach ba ron ka, and the judgment has already become final and executory, it is a matter of right for the winning or prevailing party to file a motion for the issuance of writ of execution. Who may file? Plaintiff or any proper party. The counter claimant may file an application for writ of attachment, the cross claimant may also file an application for the issuance of writ of preliminary attachment. What is the purpose of levying of real, personal, incorporeal, etc properties of the defending party?

As security for the satisfaction of any judgment that may be recovered. If the plaintiff attached the car or parcel of land of the defending party, the applicant does not automatically become the owner of the property attached. Wait for the judgment first. If theres judgment, the attached property will be sold at public auction if the defending party fails to pay.

What are the grounds so that an order for attachment may be issued? *First ground: (a) In an action 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 which intent to defraud his creditors; We have the phrase action for the recovery of a specified amount of money or damages. What is the significance or the use of the word specified amount? It means that attachment is applicable only if the claim for damages is liquidated. In other words, you cant file an application for Preliminary Attachment if the damages are unliquidated like moral and exemplary damages. You have to prove moral and exemplary damages. Example, suppose Ms. USC was slapped, then she filed a criminal action for slander and a separate civil action for damages with moral damages of 450T, exemplary damages of 200T, attorneys fee of 100T, etc. May plaintiff avail of Rule 57? No because the damages claimed are unliquidated as the rule says, other than moral and exemplary damages. We also have the phrase 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 which intent to defraud his creditors. What does this mean? Mere attempt to depart with intent to defraud is sufficient. If the defendant attempted or left the Philippines but with no intention to defraud, there is no attachment that can be issued.
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Example: X vs Y. The claim of X is 500T and the defendant attempted or left the Philippines but left properties worth 10M which can be attached or levied on execution if there is already a judgment, so the court wont grant the application for attachment.

*Fourth ground: (d) In an action 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; What is the meaning of fraud in contracting the debt? It means that the debtor had no intention to pay from the very beginning. That is fraud in contracting the debt. There is fraud in incurring the obligation. *Fifth ground: (e) 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; There are two things to remember: 1) removal, disposal and 2) with intent to defraud his creditors. Example: X files a case against Y and X claims 500T. Defendant disposed his properties but he has also property worth 1M left. Plaintiff may not attach because he can recover from the properties not sold by the defendant. (f) 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.

*Second ground: (b) In an action 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, factor, broker agent, or clerk, in the course of his employment as such, or by other person in a fiduciary capacity, or for a willful violation of duty; Example, in an estafa case. May the court grant an order of attachment? Yes. How about malversation? Yes. What is the meaning of fiduciary capacity? It means that theres trust and confidence. Example: Suppose X and Y went to a lotto outlet and bought one ticket at 50PhP. Daog. Y kept the winnings. X ran after naturally. X may file an action for collection of sum of money with attachment because he was defrauded. There was a relationship of trust and confidence between him and Y. *Third ground: (c) In an action 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; So there must be an allegation of concealment or removal or disposal. We will compare this with replevin. Replevin is recovery of personal property only. If the plaintiff wants an immediate recovery of the property, he should file an action of provisional remedy for replevin and not attachment.

What do you mean by Action against a party who does not reside in the Philippines? Example. Foreigner came. He said, Bigtime ko sa amo. But nawala lang ako credit card. Can I borrow from you 200M so I can buy a yacht? Then you let him borrow and he purchases the yacht. But he mortgaged the yacht to the lender. After a month, foreigner left. The general rule is if the defendant is not a resident and is not found in the Philippines, forget it because you cannot recover. But letter (f) is an exception because if he left the Philippines, then file an action to foreclose the mortgage and go against the res.
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How about jurisdiction over the person? Never mind. What is important is not the jurisdiction over person but the jurisdiction over the res.

Sec. 2. Issuance and contents of order. An order of attachment may be issued either ex parte or upon motion with notice and hearing by the court in which the action is pending, or by the Court of Appeals or the Supreme Court, and must require the sheriff of the court to attach so much of the property in the Philippines of the party against whom it is issued, not exempt from execution, as may be sufficient to satisfy the applicant's demand, unless such party makes deposit or gives a bond as hereinafter provided in an amount equal to that fixed in the order, which may be the amount sufficient to satisfy the applicant's demand or the value of the property to be attached as stated by the applicant, exclusive of costs. Several writs may be issued at the same time to the sheriffs of the courts of different judicial regions. Preliminary Attachment may be validly attached for and granted ex parte. There are stages in the issuance of attachment. When you file a case, it may carry with it already an application for the issuance of writ of attachment like in case of collection of sum of money with attachment. Its found in the prayer/wherefore. So mupray siyag attachment and the court need not give the defending party the chance to oppose the issuance of the order. So naa manay gibutang sa wherefore, then the court will issue an order. That is ex parte. You do not inform the debtor because of the debtor will be informed in advance that there is an application for attachment and he will dispose all his properties or fraudulently transfer to some person to prevent you from satisfaction of judgment. Second stage is the issuance of the writ of attachment. Its the court which will issue the order but its the clerk of court who will issue the writ of attachment still ex parte. But the third stage, that is actual implementation of the writ of attachment which is levy on attachment, dili na pwede ex parte, dili na pwede if the court has not yet acquired jurisdiction over the person of the defendant.
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What are examples of summons which may be served by publication, when he is a resident of the Philippines but temporarily out therefrom? What are the classes of attachment? 1. Preliminary Attachment during the pendency of the case and before final judgment 2. Levy on execution, there is already a judgment 3. Final Attachment, the judgment has become final and executory What is the distinction between garnishment and attachment? In garnishment, there are three parties who are the creditor, debtor and a 3rd person who may be in the possession of the property of the debtor In garnishment, there is no actual seizure if the defendant has property in the possession of a 3rd person. Here, the 3rd person shall be instructed not to return the property. Its like bank deposit where the bank is instructed not to deliver money to the depositor. But in attachment, there must actual possession. And sheriff shall go to the residence of the debtor, iyang birahon mga properties or muadto sa Register of Deeds to annotate the attachment. Garnishment is usually directed against intangibles. Attachment is against intangibles. Writ of attachment cannot be quashed ex parte because there must be hearing and the plaintiff must be given opportunity to oppose the motion to release the attached property. Incorporation duly licensed to do business in the Philippines is not a non resident within the meaning of Section 1 (f). Attachment is a proceeding in rem theoretically binding against the whole world

So kung actual levy na and kuhaon na ang property sa defendant, the summons must have already validly been served. Kun naa na ang writ of attachment, di na siya kadispose sa properties kay sige naman panguha ang sheriff sa properties sa defending party. Dismissal of the main action carries with it the lifting of attachment. What is the lifetime of a writ of attachment? Its not found in the Rules of Court. In Civil Procedure, you know that a judgment which has become final and executory must be executed within 5 years by motion. Mulapas gani ug 5 years but wala pa nalapas ug 10 years, how do you execute the judgment? File an independent action for the revival of judgment. Dili na by motion. So that is also the lifetime of the writ of attachment within 5 years. Another example of an action for money or property embezzled or fraudulently misapplied by a party in the course of his employment. Suppose a manager of the corporation took the property of the corporation for his own personal use and benefit and the corporation wants to recover money from him. Corporation may file an application for the issuance of writ of attachment because there is a fiduciary relation between the corporation and the manager. How will you distinguish Attachment from Replevin? In Attachment, the attaching party may levy real or personal property (shares of stocks), corporeal or incorporeal, etc. In Replevin, only personal property. In Attachment, you attach the property of your adversary/ the defending party. The plaintiff cant attach his own property. X and Y for example nag-ilog ug one property, real prop or whatever. Can plaintiff file an application for attachment? No because he is claiming to be the owner of the property contested. In replevin, the plaintiff claims to be either the owner or lawful possessor of the personal

property, usually personal property capable of manual delivery. Action against a party who had removed or disposed property in fraud of his creditors. Mere removal or disposal without intent to defraud is not a ground for attachment. There is a good example which happened in Cebu City where P files case against D and attached the properties of D which are motor vehicles. If you are D, you can prevent an attachment either by depositing money with the court or posting attachment or counter attachment bond. So gilevy and iyang mga property and gadeposit siyag money so narelease ang motor vehicles. Then gimortgage niya ang motor. Pwede mapas\dayon ang attachment? No because mortgage is non disposal. Its not fraudulent disposal kay kung imortgage it can be recovered. Walay transfer of property in real estate mortgage. Mortgage is only a security for the performance of an obligation but if there is an allegation relative to the fraudulent disposal, then better then to secure to court to hear the allegation relative to fraudulent disposal. Mere allegation is not sufficient. May the property in custodial legis be attached? Yes provided it is not money in the hands of the government like the salaries of teachers not yet released to them. Naa pa sa treasurer gain, di pana property sa teacher but marelease na gani and nakuha na ang check, pwede na maattach. Exceptions: if the money is needed for the sustenance of the family. Properties exempt form executions are also exempt from attachment like support. Can you attach the 20k given to the girl as support? No because money given by of support is exempt from execution. Money deposited with the clerk of court is exempt and not subject to execution. If the interest of the defending party in property or the defendant in property belonging to the estate of the deceased. May that property be attached? Namatay ang amahan, 3 ang anak, utangan ang anak. Can creditor attach the share
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of the debtor property? Yes. But its still in the possession of executor administrator so proceed against executor or administrator. Lien created by attachment The attaching creditor acquires a specific lien upon the attached property which ripens into judgment against the res when the order of sale is made. Lien means charge on the property. Ang procedure mao nani. Kung naa nay file and executory judgment, mudemand ang P na mubayad si D. If di kabayad, you sell the property. Wala na ang automatic forfeiture of property. In civil law thats pactum commisoruim, an agreement to forfeit the property in favor of C, if debt is not paid. Order of attachment may be issued ex parte and you know reason already or upon motion of notice or hearing by the court in which action is pending (SC, CA or RTC) What is the mandate of the writ of attachment? Look Sec 2. It requires the sheriff of the court to attach so much of the property in the Philippines of the party against whom it is issued. Ex: Claim of P is 200T. Niadto ang sheriff, nakakitag awto nga tag 500T and other worth 2M. Which will he attach? That property worth 200T and not the 2M because the rule says that only so much of the property. Kung ilevy and 2M thats not so much but too much. If outside the Philippines, its beyond the jurisdiction of the court already. Properties exempt form executions are also exempt from attachment. Its found in Sec 2. which says not exempt from execution as may be sufficient to satisfy the applicants demand How do you prevent attachment? Or release of attached property? Under Sec 2, it says, unless such party makes deposit or gives a bond as hereinafter provided in an amount equal to that fixed in the order. So pwede, pila mana iyang claim 500T, deposit 500T with the court ra. Or post a bond by a bonding company amounting equal to that fixed by the

court which may be the amount sufficient to satisfy the applicant's demand or the value of the property to be attached as stated by the applicant, exclusive of costs Ex: Ps claim is 1M and P caused attachment of the property of D worth 500T. How much shall be the deposit or bond posted? Even if the main claim is 1M, since property attached is only 500T then you can deposit 500T only or post bond with the same amount.

Several writs may be issued at the same time to the sheriffs of the courts of different judicial regions The question is what is the range of enforceability of writ of attachment? Anywhere in the Philippines. Unlike injunction where its only within the region. If you file a complaint against defendant with attachment and naa xa speedboat in Davao and motor in Cebu, pwede iaddress writs adto sa Davao sheriff or in Cebu sheriff so you can recover anywhere in the Phils. Thats the meaning of several writs may be issuedanywhere in the Phils.

Sec. 3. Affidavit and bond required. An order of attachment shall be granted only when it appears by the affidavit of the applicant, or of some other person who personally knows the facts, that a sufficient cause of action exists, that the case is one of those mentioned in section 1 hereof, 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. The affidavit, and the bond required by the next succeeding section, must be duly filed with the court before the order issues. What are the contents of the affidavit? 1. Sufficient cause of action exist 2. Case is one of those mentioned in Sec 1 Rule 57 exclusive grounds 3. No other sufficient security for the claims sought to be enforced by the action
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Why ibutang? Naay nangutang nimo. Giprenda niya iya yuta to secure payment. Loan with real estate mortgage. Ang imo utang is 500K, property was mortgage for 1M. Can you attach the prop of the D? No because the obligation is secured by the mortgage. Why will you be afraid of not recovering nga naa may security. Except if security is insufficient. Suppose, loan secured is 1M and secured by a prop worth 500k. Can P attach? Yes bec the mortgage is 500k, is unsecured. Apply the attachment to cover the unsecured portion of the obligation. The amount due or the value of the property to the applicant which hes entitled to recover the possession of is as much as the sum of which the order is granted above all legal boundaries? Kaning bond gibalik balik ni sa attachment, injunction, receivership, repliven, etc. Except support pendent elite. Tanan naay bond. Whats a bond? An obligation, a written promise to pay in money or by sum in certain time to lapse. Issuance of writ of attachment is depends on sound discretion of the court. Kung ang court naay factual basis for the issuance of Writ of Attachment, an order for attachment is issued, especially if one of the grounds in Sec 1 is alleged in the complaint. If the judge issues an order for attachment with no ground stated in complaint then he committed grave abuse of discretion amounting to lack of jurisdiction. Whats the remedy? Rule 65 on certiorari. Sec. 4. Condition of applicant's bond. The party applying for the order must thereafter give 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 attachment, if the court shall finally adjudged that hte applicant was not entitled there to. So unsay e-post sa applicant? Usually the plaintiff? Attachment bond or applicants bond. What is the condition? Meaning what is the purpose of that bond? Section 4 says condition that the latter

will pay all the costs which may be adjudged to the adverse party and all the damages which he may sustained by reason of the attachment. If the court shall finally adjudge that the applicant was not entitled thereto, the last phrase is very important. If the court shall finally adjudge that the applicant was not entitled thereto, is it necessary for a defendant to recover damages? That fraud must be alleged in procuring the attachment order. Ikaw defendant gihatagan ka, gi attach imong property, ikaw ni daog-defendant. Can you recover against the bond if there is no allegation of fraud in securing the order of attachment? Supreme court in many cases, said that the answer is no. it is not required by section 4 of Rule 57. Unsa man ang gikinahanglan para maka recover ka against the bond? Last phrase, if the court shall finally adjudge that the applicant was not entitled thereto. Pananglitan, Y borrowed money from X. 1M. X filed a case against Y. No doubt about it, utangan gyud siya. But plaintiff secured wrongfully an order for attachment. What will happen? Ni daog si plaintiff kay utangan gyud si defendant, but defendant can recover against the plaintiff for improper procurement of an order of attachment. Pananglitan plaintiff said, defendant daog kog 1M, ---This property in fraud of creditors, bakak to siya, dili tinuod. So improper attachment. Defendant may now recover from the plaintiff. Usahay tabla. So sigurado gyud ka nga mo-apply kag attachment, tinuod gyud, otherwise mosumbalik, bisan maka daog pa ka kay utangan man ka, mosumbalik ang defendant. Bitaw utangan ko pero pataka man gud kag attach and it caused mo so much embarrassment. Plaintiffs dismissal of action entitles defendant to damages for wrongful attachment. Sec. 5. Manner of Attaching Property. The sheriff enforcing the writ shall without delay and with all reasonable diligence attach, to await judgment and execution in the action, only so much of the property in the Philippines of the party against whom the writ is issued, not exempt from execution, as may be sufficient to satisfy the applicant's demand, unless the former makes a deposit with the court from which the writ is issued, or gives a counterbond executed to the applicant, in an amount equal to the bond fixed by the court in the order of attachment or to the value of the property to be attached, exclusive of costs. No levy on attachment pursuant to the writ issued under section 2 hereof shall be enforced unless it is preceded, or contemporaneously accompanied, by service of
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summons, together with a copy of the complaint, the application for attachment, the applicant's affidavit and bond, and the order and writ of attachment, on the defendant within the Philippines. The requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served personally or by substituted service despite diligent efforts, or the defendant is a resident of the Philippines temporarily absent therefrom, or the defendant is a non-resident of the Philippines, or the action is one in rem or quasi in rem. This is the duty or task of the sheriff. The question is HOW, what does the rule say? Sheriff in enforcing the writ shall, WITHOUT delay, take note of the words without delay and with all reasonable diligence attach to await judgment and execution of the action, only so much of the property in the Philippines of the party against whom the writ is issued, not exempt from execution, as may be sufficient to satisfy the applicants demand. What is the reason forwithout delay and with reasonable diligence? Kay pananglitan, mag pa langay langay ang sheriff sa pag serve sa writ of attachment, mas labina kung ang sheriff ni adto sa defendant, ang defendant, pwede bas a sunod nalang buwan unya tagaan tikag 5,000. Pag sunod buwan wa na gi-hurot nag dispose ang property. Thats why the sheriff is tasked to immediately implement the writ of attachment. Again so much of the property of the defending party sufficient to satisfy the applicants demand. Again, balik na sad ni, we discussed this already, its still found in section 5, how do you defeat attachment? File a counter attachment bond or deposit an amount which may be equivalent to the claim or to the value of the property attached. There are three stages in attachment: 1. issuance of the order, 2. the issuance of the writ, and the 3. implementation which is levied on attachment. Moabot na gani sa stage sa levy, the court must acquire jurisdiction over the person of the defendant, summons either personal, substituted, or extra-territorial. Rule says no levy on [sic]

unless it is preceded, or contemporaneously accompanied by the following: 1. Service of summons-kung ikaw maoy counsel sa defendant, tan-awa gyud inig implement sa attachment, naa ba tanan? If all the documents are in order. So tan-awa kung naay summons. 2. Copy of the complaint 3. Application for attachment-meaning the motion 4. Applicants affidavit 5. Attachment bond If one of the documents was not shown to the defending party, or the party against whom attachment is issued, objectdili ni pwede ma attach kay wa man kay affidavit diha, wa man kay bond. Bisan naa pay bond, kung ang bond paltik, no attachment. Thats one the reasons why you should furnish the defendant a copy of the bond for the defendant to scrutinize the bond. Unsa man ning bonding company nga ni post sa bond? Iyang gi susi, sa Securities and Exchange Commission, sus defunct three years ago, so dili na sila pwede mo issue ug bond. So object na sad ka. So general rule, before levy, either prior service of summons or contemporaneous service of summons, dungan ang levy and service of summons, affidavits, etc. But in the following cases, the rule on prior service of summons or contemporaneous service of summons, does not apply. 1. Where summons could not be served personally or by substituted service despite diligent efforts. Pananglitan nag tago-tago ang defendant, para dili siya ma servan ug summons, para dili ma implement ang writ of attachment, so walay prior service of summons or contemporaneous service of summons. 2. The defendant is a resident of the Philippines temporarily absent therefrom. So we do away with prior or contemporary service of summons. Unsa may pasabot aning resident but temporarily absent? Ikaw lawyer ni adto
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ka sa Harvard para mag master ka, Master of Laws, youre temporarily out. So pwede maka attach without prior or contemporary service of summons. 3. Defendant is non-resident of the Philippines, like a foreigner, or even a Filipino citizen that is not a resident of the Philippines. 4. The action is in rem or quasi in rem. Irregularities in the service of are not cure by subsequent service of summons. So apply for another order. E-recall ninyo ang inyong basic civil procedure. Dili ba, kung pananglitan, ang pag implement sa levy or writ of execution, the debtor is present, naa. Kay ang us aka property 500,00, naay awto 200,000. Ni insister gyud siya nga ayaw na, kani gyung usa. Kung sa pag implement naa ang debtor, the debtor will designate, starting with personal property, if it is not enough, then real property. Suppose the sheriff will insist, dili kini gyud, ni sukol ang debtor, gi sumbag niya ang sheriff to protect his property. Is that direct assault sa RPC? The answer is no, no direct assault because the sheriff exceeded his authority. The debtor is only defending himself and his property, no direct assault, he may even claim selfdefense. So the debtor may point out to the sheriff which of the property should be attached and sold to satisfy the judgment thereof (Uate vs. Abrogar). Sheriffs actual possession of movable property attached is necessary for lack of valid levy of attachment. Kinahanglan naa gyuy actual possession and naa siyay inventory. Unsa man ang personal properties nga kuhaon? Suppose the sheriff attached the car of the defendant, Mercedes benz ba ron, unya e-tunong gyud na ug sabado, maayo ning sabado kay way opisina. Gi-attach niya, Mercedes benz. Unya naa siyay uyab, ah, dad-on ko ni sa Badian, adto ta maligo sa Kawasan Falls. Drive na siya, gida niya ang property attached. Pag abot sa Minglanilla, gisuyakan, hurot ang tanang ligid, pag ka ugma gi cannibalized ang awto. What is the criminal liability if any of the sheriff? Answer is malversation of public property. Argue, its not public property, its private property, answer is not good argument, because property

attached is property in custodia legis, in custody of the court. So kung imo nang dal-on, malversation. Sec. 6. Sheriffs return. The party applying for the After enforcing the writ, the sheriff must likewise without delay make a return thereon to the court from which the writ issued, with a full statement of his proceedings under the writ and a complete inventory of the property attached, together with any counter-bond given by the party against whom attachment is issued, and serve copies thereof on the applicant. Sheriffs Return is simply the report of the sheriff on what happened to the writ of execution, the writ of attachment, how he implemented or enforced the writ of attachment. Section 6 states, so sheriff returnfull statement of his proceedings under the writ. Thats one, ni adto ko sa balay, way awto, ni adto ko sa opisina way mga equipment nga madala, ni adto ko sa Register of Deeds, walay properties, so iya nang e-state sa iyang report. Second is complete inventory of the property attached. Kung lima ang iyang gi-attach, lista niya lima, ang upat ra gani ang iyang gi-kuha, gi-taguan niya ang usa, thats malversation of public property because property attached is property in custodia legis. He should also attach the counter-bond, and he should serve copies of the Return to the applicant, kato rang applicant who will be interested sa kung man ang nakuha ni Mr. sheriff, wa ba ka nag pa langan langan. Sec. 6. Attachment of real and personal property; recording thereof. Real and personal property shall be attached by the sheriff executing the writ in the following manner: (a) Real property, or growing crops thereon, or any interest therein, standing uponthe record of the registry of deed of the province in the name of the party against whom attachment is issued, or not appearing at all upon such records, or belonging to the party against whom attachment is issued and held by any other
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person, or standing on the records of the registry of deeds in the name of any other person, by filing with the registry of deeds a copy of the order, together with a description of the property attached, and a notice that it is attached, or that such real property and any interest therein held by or standing in the name of such other person are attached, and by leaving a copy of such order, description, and notice with the occupant of the property, if any, or with such other person or his agent if found within the province. Where the property has been brought under the operation of either the Land Registration Act or the Property Registration Decree, the notice shall contain a reference to the number of the certificate of title, the volume and page in the registration book where the certificate is registered, and the registered owner or owners thereof. The registrar of deed must index attachments filed under this section in the names of the applicant, the adverse party, or the person by whom the property is held or in whose name it stands in the records. If the attachment is not claimed on the entire area of the land covered by the certificate of title, a description sufficiently accurate for the identification of the land or interest to be affected shall be included in the registration of such attachment; (b) Personal property capable of manual delivery, by taking and safely keeping it in his custody, after issuing the corresponding receipt therefor; (c) Stocks or shares, or an interest in stocks or shares, of any corporation or company, by leaving with the president or managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of the party against whom the attachment is issued is attached in pursuance of such writ; (d) Debts and credits, including bank deposits, financial interest, royalties, commissions, and other personal property not capable of manual delivery, by leaving with the person owing such debts, or having in his possession or under his control, such credits or other personal property, or with his agent, a copy of the writ, and notice that the debts owing by him to the party against whom attachment is issued, and the credits and other personal property in his possession, or under his control, belonging to said party, are attached in pursuance of such writ; (e) The interest of the party whom attachment is issued in property belonging to the estate of the decedent, wether as heir, legatee, or devisee, by serving the executor or administrator or other personal representative of the decedent with a copy of the writ and notice

that said interest is attached. A copy of said writ of attachment and of said notice shall also be filed in the office of the clerk of the court in which said estate is being settled and served upon the heir, legatee or devisee concerned. If the property sought to be attached is in custodia legis, a copy of the writ of attachment shall be filed with the proper court or quasijudicial agency, and notice of the attachment served upon the custodian of such property.

Again how do you attach real property? How do you attach personal property capable of manual delivery? How do you attach property not capable of manual delivery? So depende, real property, growing crops, etc. Unsaon man na pag attach sa sheriff? File with the Registry of Deeds a copy of the order together with the description of the property attached and a notice that it is attached, usually tatakan na didto sa title. What else, kung naay occupant ang real property? It says leave a copy of such order with the occupant of the property. Then how about personal property capable of manual delivery? Unsa may task sa sheriff? Take the personal property and safely keep it, then issue the corresponding receipt. Kung nakabira ug awto, asa man na nimo, either naa court, or dal-on nimo sa bonded warehouse. Kanang stocks of shares, how should the sheriff proceed? Leave with the president or managing agent a copy of the writ of attachment and a notice stating that the stocks and interests are attached in pursuant to such writ. How about debts and credits etc. not capable of manual delivery? Leave the person owing such debts, etc. a copy of the writ, a notice that the debts owing by him to the party against whom the attachment is issued, and the credits and other personal property in his possession, or under his control, belonging to said party, are attached in pursuance of such writ. Actually letter D is garnishment. Ang defendant naa siyay property in the possession of third persons, ang tu-a d-ay ni nila, giabangan ang 6x6 truck, so sheriff will go to the person in possession of the property of the plaintiff. Warning ayaw nanag euli sa plaintiff, ayaw na na e-hatag, ayaw na ibalik. Kung bank deposits, unsa man ang buhaton? Pahibaw-on ang bangko, naa ba
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ni siyay bank deposits, how much? So ayaw ihatag, e-freeze ang iyang account kay kung mahuman ang kaso, that money will be released to the winning party. How about the property interest of the party against whom attachment is issued in property belonging to the estate of the decedent? Suppose the defendant is an heir, legatee or devisee, tua paman na, in possession of the executor or administrator, wa pa man na sa imohang personal possession or custody. Ikaw sheriff, asa man ka padung, adto sa executor or administrator. Rule says serve the executor or administrator or other personal representative of the decedent the following: copy of the writ, and notice that said interest is attached. Copy of writ shall also be filed in the office of the clerk of court. Last paragraph, may property under custodia legis be attached? The answer is yes but not all, general rule na siya, naa say exceptions. If the property sought to be attached is in custodia legis, a copy of the writ of attachment shall be filed with the proper court or quasi-judicial agency, and notice of the attachment served upon the custodian of such property. Si X ug si Y nag ilog sa yuta, naa silay kaso, recovery of possession of ownership of real property. Pero si X ug si Y puro sila utangan ni A. Maka attach ba si A nga naa may notice of lis pendens? The answer is yes. Kinsa tong finally maka tag-iya sa property, siya ang maka tag-iya sa property sold for public auction. Situs of the share of stock for purposes of attachment, in the jurisdiction where the corporation is created. Kini gung garnishment, force intervention, kay three persons are involved, plaintiff, defendant, and third person. The third person will be forced to hold on to the property until the case is terminated. Kung ang third person mo deliver sa property belonging to the debtor, malas siya because he is going to pay the plaintiff plus contempt of court. What is the test to determine whether debt or credit or other personal property not capable of manual delivery may be garnished? The test is whether the defendant could maintain an action against the said association for the recovery of the specific debt, credit or personal property. Mere equitable or contingent debt, credit or personal property cannot be attached. There must

exist some definite and ascertainable form at the time of attachment. Meaning of debt, credit or personal property, means some definite amount of money, ascertained or capable of being ascertained. Debts or credits which cannot be garnished, salary due from the government, naa pa sa possession sa government. Money in the hands of public officers, although it may be due the government, it is not liable to the creditors of the employees in the process of garnishment. Kung naa pa gani sa hands sa government, ayaw ug e-attach, ayaw ug e-garnish kay dili na pwede, gobyerno gihapon ang tag-iya ana basta naa pa sa possession sa government. Only salary that is due may be subject of attachment. As I said, exception bisag due na na siya pero needed for the support of the family, it is exempt from execution, so it is also exempt from attachment. The creditor is denied the right to attach unearned salary of his debtor. Notice to garnishment to judgment debtor is necessary. Properties located in the Philippines of non-resident cannot be attached. What is the philosophy behind this rule? All property within the state is subject to the jurisdiction of its courts. What is within the reach of the executive and legislative is also within the reach of the judiciary. Sec. 6. Effect of attachment of debts, credits and all other similar personal property. All persons having in their possession or under their control any credits or other similar personal property belonging to the party against whom attachment is issued, or owing any debts to him, at the time of service upon them of the copy of the writ of attachment and notice as provided in the last preceding section, shall be liable to the applicant for the amount of such credits, debts or other similar personal property, until the attachment is discharged, or any judgment recovered by him is satisfied, unless such property is delivered or transferred, or such debts are paid, to the clerk, sheriff, or other proper officer of the court issuing the attachment. Situationpersons having in possession or under their control any credits or other similar personal property belonging to the party against whom attachment is issued. Pananglitan ang defendant naa siyay property in the possession of a third person, so e-attach ang property, what is the effect?
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Pananglitan ang defendant naay bank deposit, gipa hibaw ang bangko unya ni confirm ang bangko, yes we have 100,000 here in our records, so what is the effect? It says notice as provided in the last preceding section, shall be liable to the applicant for the amount of such credits, debts or other similar property , until the attachment is discharged, or any judgment recovered by him is satisfied. Kung na discharge na gani ang attachment, kay ni post ug bond or ni deposit ug cash, aw e-release na to sa bangko. Kung katong third person in the possession of the property, or in possession of the property of the debtor, e-release na sad ang property. Another effect, pananglitan the debtor has huge amount of money deposited with the court, pildi ang debtor, gibaylo niya, satisfied. Of course katong deposit niya sa bangko, ma release to kay satisfied na man. Property in custodia legis, kung ma satisfied, of course-release na sa clerk of court. Judgment-creditor may bring action against the garnishee. Gipahibaw na ang bangko nga naa bay deposit diha? Naa. Ingon ang court ayaw ug e-release until mahuman ning kasuha, final and executory na gani, writ of execution will be released. Suppose sige pa gani ang kaso gi release sa bangko, unsa may mahitabo? The judgment creditor may proceed against the bank or may proceed against third person in possession of the property of the debtor. Sec. 9. Effect of attachment of interest in property belonging to the estate of a decedent. The attachment of the interest of an heir, legatee, or devisee in the property belonging to the estate of a decedent shall not impair the power of the executor, administrator, or other personal representative of the decedent over such property for the purpose of administration. Such personal representative, however, shall report the attachment to the court when any petition for distribution is filed, and in the order made upon such petition, distribution may be awarded to such heir, legatee, or devisee, but the property attached shall be ordered delivered to the sheriff making the levy, subject to the claim of such heir, legatee, or devisee, or any person claiming under him.

As I said kung mamatay ang ginikanan, ang properties ari sa mga anak, there may be testate kung naay will or intestate succession kung walay will. So kung sa will naay executor, the executor of the will shall be in charge of the property, if none then administrator. E-attach ang share sa one of the heirs, devisee or legatee, what is the effect on the executor or administrator? The rule says it shall not impair the powers of the executor, administrator or other personal representative, etc.What is the duty of the personal representative? Report the attachment to the court when nay petition for distribution is filed. Sec. 10. Examination of party whose property is attached and persons indebted to him or controlling his property; delivery of property to sheriff. Any person owing debts to the party whose property is attached or having in his possession or under his control any credit or other personal property belonging to such party, may be required to attend before the court in which the action is pending, or before a commissioner appointed by the court, and be examine on oath respecting the same. The party whose property is attached may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The court may, after such examination, order personal property capable of manual delivery belonging to him, in the possession of the person so required to attend before the court, to be delivered to the clerk of the court or sheriff on such terms as may be just, having reference to any lien thereon or claim against the same, to await the judgment in the action.

If a person is indebted to a party against whom attachment is issued, he may be required to attend before the court and be examined on oath respecting the same. Pananglitan naay report, ang kana nga property 6x6 truck, ang tag-iya ana defendant, dili ako ni, gipalit nani nako, unya dili ma attach, so that person will be directed to appear under oath, unsa man, asa man imong deed of sale diha? Kanus-a man ni mapalit? So mabuking gani siya, hagoy wa man diay ni gi-convey to that third person, so that the property will be attached.
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Naay naka utang sa defending party, he denied, ah dili na tinuod, wa koy utang niya, so he may also be called to appear before the court or even before a commissioner so that he can be interrogated relative to the debt he owed to the defending party. So the party whose property is attached may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. Ang defendant abtik pa sa manatad, ingon siya wa koy property sa Mindanao, wa koy unsa diha, sige siya ug deny. So he may be called, appear before this court unya e-interrogate siya, e-cross examine, diba duna man kay property sa Davao? Nakay beach club didto, so trabaho na na sa creditor or winning party. Supposed the garnishee, ang kaning third person denies the debt, wa man koy utang, or claims the property, ako man ni dili man ni sa defending party, can the court compel him to pay the money for the property to the sheriff? The answer is no. Unsa may solution? The court may authorize the attaching party to file an action to recover the money or property. Sec. 11. When attached property may be sold after levy on attachment and before entry of judgment. Whenever it shall be made to appear to the court in which the action is pending, upon hearing with notice to both parties, that the party attached is perishable, or that the interests of all the parties to the action will be will be subserved by the sale thereof, the court may order such property to be sold at public auction in such manner as it may direct, and the proceeds of such sale to be deposited in court to abide the judgment in the action.

goods, naay oranges, naay apples, etc., gi-attach niya, sige tago-e san a diha, wa na sunod balik sa sheriff namunga na. So the perishable property may be sold at public auction. Very interesting case, not very recently decided, ang gi-attach sa bangko office equipments, including laptops and computers, motion to sell the property. So the main issue is kaning laptop, kaning other equipments perishable ba ni? Kung perishable gani, diba malata. So naglibog ang SC, nag research sila sa Federal Court decision of the US, nangita pa sila ug decisions sa State Courts, naa silay nakit-an. Ang issue is whether or not it is perishable is a question of fact, so no hard and fast rule. But in that case, SC said it is perishable. Palit gud mo karon ug laptop or tablet, ug e-attachna, ganahan paka ana 10 years from now? Di ba kaha obsolete na? o that is perishable, perishable na so ibaligya gyud na siya kay ma worthless na na siya after the judgment shall have become final and executory. Sec. 12. Discharge of attachment upon giving counterbond. After a writ of attachment has been enforced, the party whose property has been attached, or the person appearing on his behalf, may move for the discharge of the attachment wholly or in part on the security given. The court shall, after due notice and hearing, order the discharge of the attachment if the movant makes a cash deposit, or files a counter-bond executed to the attaching party with the clerk of the court where the application is made, in an amount equal to that fixed by the court in the order of attachment, exclusive of costs. But if the attachment is sought to be discharged with respect to a particular property, the counter-bond shall be equal to the value of that property as determined by the court. In either case, the cash deposit or the counter-bond shall secure the payment of any judgment that the attaching party may recover in the action. A notice of the deposit shall forth with be served on the attaching party. Upon the discharge of an attachment in accordance with the provisions of this section, the property attached, or the proceeds of any sale thereof, shall be delivered to the party making the deposit or giving the counter-bond, or to the person appearing on his behalf, the deposit or counter-bond aforesaid standing in place of the property so released. Should such counter-bond for any reason to be found to be or become insufficient, and the party furnishing the same fail to file an
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The general rule is if a property is attached it should not be sold. Huwaton nga mahuman ang kaso, then the property will be sold at public auction if the defendant cannot pay. Kung maka bayad siya, release. So dili gyud na ibaligya kay security raman na, there are two exceptions where property or properties attached may be sold at public auction even before judgment. Its found in section 11, property attached is perishable- sige ug pangita ang sheriff, ngari sa Register of Deeds, ngari sa Assessors Office, wa gyud. Adto siya ug bodega, naa may daghan kaayong

additional counter-bond, the attaching party may apply for a new order of attachment.

If you are the defendant or party against whom attachment is issued, you may post a counter-bond. You may also deposit cash, we discussed this already. How much? In an amount equal to that fixed by the court, in the order of attachment, exclusive of the costs. If you deposit cash, the cash shall be delivered to the party making the deposit or giving the counter-bond, or to the person appearing on his behalf, the deposit or counter-bond aforesaid standing in place of the property so released. What is the effect on discharge of the property attached? Gi-attach nimo ang property, discharge na, or e-uli sa imo, its already discharge. So if it is discharged, the released property becomes free and no longer liable. In a case, kung na release na ang motor vehicles kay ni deposit ug cash, free na to nga motor vehicles, they can be mortgaged or they can be sold. Sec. 13. Discharge of attachment on other grounds. The party whose property has been ordered attached may file a motion with the court in which the action is pending, before or after levy or even after the release of the attached property, for an order to set aside or discharged the attachment on the ground that the same was improperly or irregularly issued or enforced, or that the bond is insufficient. If the attachment is excessive, the discharge shall be limited to the excess. 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 if it appears that it was improperly or irregularly issued or enforced, or that the bond is insufficient, or that the attachment is excessive, and the defect is not cured forthwith.

is insufficient. Motion to discharge, what is the ground? Improperly or irregularly issued. So you have to prove nga kulang man, wa lagi bond, way affidavit, so improper. Unya you may alleged, I did not dispose my property in fraud of creditors, infact sige paman gani ko ug pamalit. The plaintiff can go after the properties I owned now so pwede ma discharge. Suppose the bond is insufficient, will that mean automatic discharge of the writ of attachment or order of attachment? The answer is no, why? Kung insufficient ang attachment bond, make the bond good or sufficient, you have 15 days to do it, if the plaintiff cannot post sufficient bond, then the property attached will be released. That is section 13. Remedy to contest extra issuance of the writ of attachment is a motion to discharge attachment as a pre-requisite to certiorari. Meaning you file a motion to discharge, denied by the court, there is abuse of discretion, so what is the next step? File a petition for certiorari under Rule 65. Next, this phrase is important, the merits of the main action are not triable in a motion to discharge attachment. Remember kining attachment is only an incident of the main action, dili siya trial on the merits. So the cause of action, kining trial on the merits, cannot be defeated for an order to release or discharge attachment. Pananglitan, X vs. Y, ni state si X sa iyang cause of action. Unya si defendant Y filed a motion to discharge the attachment, ingon si defendant the order of attachment and the writ of attachment must be discharge, why? Because you plaintiff has no cause of action. Sipyat ang judge, gi discharge ang attachment, kay ang plaintiff no cause of action, unsa may mahitabo? Mere motion lang sa attachment, tapos na ang main case kay wa may man kahay cause of action ang plaintiff, so that is not allowed. So in the hearing of the discharge of a writ of attachment, the court should not touch on the merits of the case, there should be a full-blown hearing, except of course if there is a ground for filing a motion or summary judgment or motion for judgment on the pleadings. So dismissal of the main action means dissolution of the writ of attachment.
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This is another way of discharging of attachment. You have to file an affidavit and prove that the attachment or order of attachment was improperly or irregularly issued or enforced, or that the bond

6/22/12 Part 1 Rule 57 Sec. 14 Section 14. Proceedings where property claimed by third person. If the property attached is claimed by any person other than the party against whom attachment had been issued or his agent, and such person makes an affidavit of his title thereto, or right to the possession thereof, stating the grounds of such right or title, and serves such affidavit upon the sheriff while the latter has possession of the attached property, and a copy thereof upon the attaching party, 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 third-party 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 third-party 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. When the writ of attachment 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 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)

This is exactly the same under Rule 39: Third party claims. What is the mandate of the writ of attachment? Attach only the property of the debtor and the debtor only, usually the defendant or the party against whom the writ of attachment is served. So if you are the 3rd person, your property is attached, and youre not a party to the action, the property does not belong to the defendant or the party to which writ of attached is served, the remedy is to file an affidavit of a 3rd party claim. He should state his affidavit, his title to the property attached, if no title, his right to possession to said property. He shall also state the grounds of such right or title. He will serve copies of the affidavit of third party claim to the sheriff while the sheriff has possession of the attached property. Repeat, serve him only when he is still in the possession of the property or else he should be served a copy of the of the third party claim answer the attaching party. If you are the sheriff, a third party claim is final are you going to proceed or not? It depends. The sheriff may proceed if he firmly believes that the property claimed by the 3 rd party is really the property of the judgment or rather of the debtor or the party against whom attachment his made but at his own risk. If hes afraid that he may be held liable, then he should require the attaching property to post bond. The bond shall be approved by the court. What is the purpose of the bond put up by the attaching party? The purpose is to indemnify the 3rd party claimant in a sum not less than the sum or less than the value of the property attached. Suppose theres disagreement in the value of the property attached? The court shall decide how much is the value of the property. Please take note also when to claim for damages. Last sentence of par.1, no claim for damages for the taking or levying of the properties may be enforced against the bond unless the action is filed within 120 days from the date of the filing of the bond, beyond 120 days you can no longer enforce the bond. If there is already a bond posted by the creditor or plaintiff attaching property, the sheriff shall not be liable for damages for the taking or keeping of such property to any 3rd party claimant if such bond shall be filed. Even if theres no bond, the sheriff may proceed at his own risk, even if it turned out that the property belongs to the 3rd party claimant, then he alone shall be held liable.
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Aside from filing an affidavit of 3rd party claim, what is the other remedy for the 3rd party claimant? He may file a separate civil action to protect his interest or to recover the property attached, it is found in the 2nd paragraph, nothing herein contained shall prevent such claimant or 3rd person from vindicating his claim to the property or prevent the attaching party from claiming damages against, so in the 2rd paragraph, sheriff shall not be held liable if such bond shall be filed. So how about the 3rd party claimant? Nothing herein contained shall prevent such claimant or any 3 rd person from vindicating his claim to the property. So what is the meaning of this? He may file a separate civil action to protect his interest. How about the attaching party? Suppose the claim of the 3rd party claimant is frivolous or plainly spurious? The attaching party may also be allowed to file an action or in the same case on a separate action, to recover damages. Now when the writ is issued in favor of the republic or any official representing the republic, bond is not required. What is the reason? Its because you learned in political law, the RP is presumed to be sovereign. If there is a suit against the Republic, or the officer representing it, who will represent the respondent or defendant? The SolGen because he is the lawyer of the government. If actual damages will be awarded by the court, then it will be paid by the national treasurer out of the funds to be appropriated for that purpose. Section 15. Satisfaction of judgment out of property attached, return of sheriff. If judgment be recovered by the attaching party and execution issue thereon, the sheriff may cause the judgment to be satisfied out of the property attached, if it be sufficient for that purpose in the following manner: (a) By paying to the judgment obligee the proceeds of all sales of perishable or other property sold in pursuance of the order of the court, or so much as shall be necessary to satisfy the judgment; (b) If any balance remains due, by selling so much of the property, real or personal, as may be necessary to

satisfy the balance, if enough for that purpose remain in the sheriff's hands, or in those the clerk of the court; (c) By collecting from all persons having in their possession credits belonging to the judgment obligor, or owing debts to the latter at the time of the attachment of such credits or debts, the amount of such credits and debts as determined by the court in the action, and stated in the judgment, and paying the proceeds of such collection over to the judgment obligee. The sheriff shall forthwith make a return in writing to the court of his proceedings under this section and furnish the parties with copies thereof. (15a) I would like to stress when to file for 3rd party claims. While the sheriff has possession of the properties levied upon, in Sec. 15 satisfaction of judgment out of property attached, properties which are perishable may have been sold already and the proceeds will be deposited in court. The sheriff must have attached several properties of the defending party either personal or real properties. So how shall a sheriff proceed? The sheriff will cause the judgment to be satisfied out of the property attached if it be sufficient for that purpose. Suppose proceeds of perishable properties deposited to the court is 500k, and the amount stated in the judgment is 500k, of course the 500k will be applied to the amount mentioned in the judgment. Suppose the proceeds of the same case, 500k, but the judgment is 1M, what should be done next? If there is a balance, the sheriff must sell so much of the property, real or personal, as may be necessary to satisfy the balance. But the sheriff or court is in possession of real or personal property of judgment debtor, so what will be done to such property? It must be sold in public auction to satisfy the balance. The sheriff may also garnish the property of the judgment debtor in the hands of a 3rd person. This is garnishment, 3 parties: Creditor, Debtor, 3rd party. The sheriff must collect from all persons
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having in their possession credits belonging to the judgment obligor or owing debts to the latter at the time of attachment of such credits or debts, the amount of such credits or debts as determined by the courts in the action and as stated in the judgment. So let us assume that properties attached were already sold, but there is still balance. If the judgment debtor has properties in the possession of a 3rd person, that 3rd person is obliged to surrender the property so it may be sold in a public auction to satisfy the balance. Suppose the judgment debtor has bank deposits, what shall be done? The court could ask the bank if the judgment debtor has deposits, the bank would answer yes, this much, so the bank should not release the amount to the judgment debtor. Question, how shall the court acquire jurisdiction over the person of the garnishee, like for example the bank? Should the court issue summons to the bank or the 3 rd person in possession of the property of the judgment debtor? Not necessary. If the bank receives a copy of the order, then the court has already acquired jurisdiction over the person of the 3rd party. Then task of the sheriff: make a return in writing to the court of his proceedings and furnish the parties copies thereof. What is a return? It is simply the report of the sheriff of what happened to the writ of attachment. Section 16. Balance due collected upon an execution; excess delivered to judgment obligor. If after realizing upon all the property attached, including the proceeds of any debts or credits collected, and applying the proceeds to the satisfaction of the judgment less the expenses of proceedings upon the judgment any balance shall remain due, the sheriff must proceed to collect such balance as upon ordinary execution. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, must return to the judgment obligor the attached property remaining in his hands, and any proceeds of the sale of the property attached not applied to the judgment. (16a) Suppose, proceeds have already been delivered to the debtor, properties are already sold to the balance, sheriff garnished the properties of the debtor, but there is still a balance. Whats next? The rules says, the sheriff must proceed to collect such balance as upon ordinary execution, maybe the sheriff will levy the real or personal properties of the debtor to satisfy the balance. Personal

properties first, then if not enough, real properties. Suppose the sheriff was able to attach properties to be sold in a public auction, 10 properties, then 5 properties were sold, enough to satisfy the balance. What should be done with the unsold properties? Of course they will be returned to the judgment debtor. Section 17. Recovery upon the counter-bond. When the judgment has become executory, the surety or sureties on any counter-bond given pursuant to the provisions of this Rule to secure the payment of the judgment shall become charged on such counter-bond and bound to pay the judgment obligee upon demand the amount due under the judgment, which amount may be recovered from such surety or sureties after notice and summary hearing in the same action. (17a) Then recovery upon the counter bond, remember the debtor or person against whom attachment is issued may file a counter bond. Rule says when judgment has become executory, the surety or sureties on any counter bond given pursuant to the provision of this rule to secure the payment of judgment shall become charged on such counter bond, you know the purpose of the counter bond that is to satisfy the judgment. So the bonding company will pay the judgment debtor but there must be due process before the bonding company or the bonds man will be held liable, he must be informed and there shall be a hearing to determine his liability on the bond. But under the new rule the surety on the counter bond is solidarily liable with the judgment obligor so condition or purpose of counter bond to secure the payment of any judgment that the attaching party may recover in the action. May the defendant or may the winning party file a separate action? Is she allowed to file a separate action to recover under the bond? The answer is NO. Separate action to recover from the surety is not necessary, proceed against the bond in the same proceeding. But as I said there must be due process, surety should be given opportunity to the heard. Section 18. Disposition of money deposited. Where the party against whom attachment had been issued has deposited money instead of giving counter-bond, it shall be applied under the direction of the court to the satisfaction of any judgment rendered in favor of the attaching party, and
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after satisfying the judgment the balance shall be refunded to the depositor or his assignee. If the judgment is in favor of the party against whom attachment was issued, the whole sum deposited must be refunded to him or his assignee. (18a) Then this position of money deposited. You learned that to prevent attachment the judgment debtor may deposit cash. Supposed there already is a judgment , and there is deposit of cash, of course it shall be applied to the judgment issued by the court. Section 19. Disposition of attached property where judgment is for party against whom attachment was issued. If judgment be rendered against the attaching party, all the proceeds of sales and money collected or received by the sheriff, under the order of attachment, and all property attached remaining in any such officer's hands, shall be delivered to the party against whom attachment was issued, and the order of attachment discharged. (19a) Its possible that plaintiff has a cause of action; its possible that plaintiff will prevail but supposed the plaintiff attach the property of the defendant and attachment was wrongful. So plaintiff will be held liable to the defendant on that bond, thats Sec.18- the judgment rendered against the attaching party, all the proceeds of sales and money collected or received by the sheriff, and all properties attached remaining, if any, in the sheriffs hands will be delivered to the party against whom attachment was issued and the order of attachment is charged. This is a situation where a defendant or the party against whom attachment was issued is the prevailing party, so the money deposited will be return to him, the property attached will be returned to him. Section 20. Claim for damages on account of improper, irregular or excessive attachment. An application for damages on account of improper, irregular or excessive attachment must be filed before the trial or before appeal is perfected or before the judgment becomes executory, with due notice to the attaching party and his surety or sureties setting forth the facts showing his right to damages and the amount thereof. Such damages may be

awarded only after proper hearing and shall be included in the judgment on the main case. 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 filing an application in the appellate court, with notice to the party in whose favor the attachment was issued or his surety or sureties, before the judgment of the appellate court becomes executory. The appellate court may allow the application to be heard and decided by the trial court. Nothing herein contained shall prevent the party against whom the attachment was issued from recovering in the same action the damages awarded to him from any property of the attaching party not exempt from execution should the bond or deposit given by the latter be insufficient or fail to fully satisfy the award. (20a) Sec. 20 Claim for damages account of Improper, Irregular or Excessive attachment. X vs. Y for sum of money. Judgment is in favor of X(1 mill). But the problem is, the plaintiff, the winning party secured an order of attachment but it was found improper, irregular or excessive, but defendant can recover from the plaintiff for improper, irregular or excessive attachment. So there must be notice to the attaching party and the surety or sureties setting forth the facts showing his right to damages and the amount thereof. Damages maybe awarded only after proper hearing, so due process, and shall be included in the judgment. You should never forget that judgment against the bank must be included in the judgment of the court. If the case is appealed, there is no judgment yet, the sureties must be given opportunity to be heard and application for damages against bank may also be filed in the appellate court before judgment. No separate civil action will be allowed against the bank, it must be applied in the same case and before final judgment. There is a phrase here on the 2 nd paragraph, before the judgment becomes executory. But supposed, the bond put up is insufficient or there is failure to fully satisfy the award, and you want to proceed against the bond. You can still recover damages.
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Sample of a case where a defendant may recover damages resulting from illegal attachment even if the judgment in the main action is against him: Suppose the plaintiff, or the attaching party executed an affidavit of attachment which is grossly unfounded/false, so defendant may recover against plaintiff even if judgment in the main case is in favor of the plaintiff. What else may be recovered? Loss of profits resulting from, in this case, the closure of the mill, then loss occasion to the goodwill of the business in driving the away customers. So, when application for damages maybe made? Before trial it may be made as of right. In such case, if made properly, meaning the defendant or party against whom the attachment is issued, may interpose a counter-claim against plaintiff. It is stated that the order of attachment was secured through fraud there was improper attachment. May it be made after trial? Yes, but before the judgment is entered in the book of the court. How about damages sustained during the pendency of an appeal? It must be applied in the appellate court against the bank, but again, before final judgment. So procedure regarding claims for damages. In judgment against the bond, like to emphasize either ________, matter of right, during trial, then after judgment, but before the judgment shall become final and executory. If the judgment has already become final and executory, no person may proceed against the bond in a separate civil action. So procedure, defendant/claimant secured a favorable judgment in the main action. Application for damages, issuing the right thereto and the amount thereof and then there must be due notice to the other party and surety or sureties, then clearing and award of damages which should be included in the final judgment. So claim for damages resulting from an unlawful attachment must be made in the same action otherwise it is barred. Is it necessary to prove fraud before a party or before the court may award damages? Is it necessary that the defendant should prove that the plaintiff employed fraud to secure attachment? The answer is not necessary. If the court finds that the attachment was improper or should have not been granted, then damages will be awarded. But if there is fraud, in addition to the damages awarded,

the court may also award moral damages, exemplary damages and costs. There are exceptions, claim for damages in a separate action. General rule: no separate action to recover damages. Two exceptions: 2. Where the principal action is dismissed for lack of jurisdiction. Plaintiff filed the case against the defendant. He attached the property of defendant and it was found out that the court has no jurisdiction over the subject matter. Remember, if the court has no jurisdiction of the subject matter its only jurisdiction is to dismiss the case. So how can defendant recover if attachment was improper? This time it may be allowed to file a separate action for damages. 2. Another situation, in an action of forcible entry or illegal detainer filed in MTC. The amount of claims of damages may exceed 200k or 300k, so the amount of the plaintiffs bond for attachment may exceed 100k. if the defendant claims for damages exceeds 300k so they can claim damages in a separate action. The surety must be notified of the application. If no application for damages is made before the entry of final judgment then the surety of the bond is relieved from liability. The rest will be repetitious, application for damages must be claimed and as retained in the same action with due notice to the sheriff. The court must issue an order directing the surety to show cause why the bond should not respond to the judgment for damages. Again the rest will be repetitious, all awards for damages must be included in the judgment before it becomes executory.

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RULE 58 PRELIMINARY INJUNCTION

RULE 58 Preliminary Injunction Section 1. Preliminary injunction defined; classes. A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it shall be known as a preliminary mandatory injunction. (1a)
Section 1 Preliminary Injunction there may be a case for injunction with injunction. So the main case is injunction and the plaintiff or petitioner may apply for the provisional remedy of preliminary injunction or preliminary mandatory injunction. What is a Preliminary Injunction? When shall it be applied? It must be applied at any stage of the action or proceeding but prior to the judgment or final order. Why? Because if there is already a judgment or final order, there should be a final injunction. Then the court may require a party or agency or person to refrain from a particular act or acts. This is preliminary prohibitory injunction. I repeat, refrain. The last sentence, 2nd sentence is Preliminary Mandatory Injunction requiring the performance of a particular act/acts, in which case shall be known as Preliminary Mandatory Injunction. Which of the 2 kinds of Injunction is strictly construed? The answer is Preliminary Mandatory Injunction. Preventive or Prohibitory injunction purpose is to desist or refrain from a particular act/acts. That a specific act soon to be enjoin has not yet been performed because if the act is sought to be enjoined has already been performed nothing to be enjoined. But there is an exemption: Preliminary Mandatory Injunction. Another exception if the act sought to be enjoined is continuing, then the situation before the issuance of prohibitory injunction is thus preserved in status quo.

Then mandatory, what is the purpose? To require the performance of a particular act/acts. So its mandatory. The party is placed in the same situation he was before the commission of the illegal act complained of as if it has never been committed. How about the status quo? Status quo to be resolved in the case of mandatory injunction is the last actual and contested status which preceded the pending controversy. In general, what is a purpose of injunction? To protect the rights of the plaintiff, respecting the subject of the action and during the pendency of the suit. Warning, injunction should not be granted to take property out of the possession of one party and placed it in the hand of another party whose rights are not clearly defined or whose title has not been clearly established. Requisites of the Preliminary Mandatory Injunction: 1) Complainant has a clear, legal right. If his right is doubtful, it is contested then Prelim. Mandatory Injunction should not be granted. 2) Then his right has been violated and the invasion is material and substantial. 3) Urgent and permanent necessity to prevent damage. Right must be clear and unmistakable not doubtful. So we have discussed already kinds of injunction. How do you distinguished Preventive Injunction from Prohibition? 1. Preventive, Injunction is a provisional remedy. Prohibition is the main case. 2. Injunction is initiated by application or motion. Prohibition is initiated by filing a petition known as a petition for issuance of a writ of prohibition. 3. Preventive Injunction is an order requiring a party litigant to refrain from a particular act. Prohibition is the judgment commanding a tribunal etc. to desist from further proceeding in the action or matter specified therein because it acts without or in excess of jurisdiction amounting to lack or excess of jurisdiction. In injunction the party applying for Injunction may recognize the jurisdiction of the court in the main case. Example sum of money. X vs Y. Then the court issued an order for the issuance of a writ of attachment. Lets say the amount is 1million. No doubt, RTC. So
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defendant cannot question the jurisdiction of the court. 1 million, RTC. But again, suppose the court issued an order of attachment without factual and legal basis. The court committed abuse of discretion amount. What is the remedy of the defendant? You should file the petition for certiorari. Suppose, in a case for sum of money, 200k filed with MTC, clearly MTC has no jurisdiction, but the judge is stupid, he proceed to the trial. What is the remedy of the defendant? It should be prohibition because the MTC has no jurisdiction over the subject matter. Prohibition therefore strikes the jurisdiction of the court. Kung injunction, di ka mo question, ang main case is within the jurisdiction of the RTC. But supposed nasayup ang RTC pataka rag issue ug order of attachment, so your remedy is certiorari with injunction. Prevent the court from enforcing the writ of execution. How do you distinguished Mandatory Injunction from Mandamus? 1. Mandatory Injunction is a provisional remedy, as a rule it cannot stand alone. Mandamus is a main case, it can stand alone. 2. Mandatory Injunction is an order requiring a party litigant to perform a particular act, in order to restore the last visible and uncontested status which preceded the pending controversy. Mandamus is a judgment commanding tribunal, corporation etc. from unlawfully neglecting the performance of an act. 3. Mandamus is available only not against discretionary acts. Mandatory Injunction is an exception to the general rule that Injunction does not apply to consummated acts. 4. Mandatory injunction is initiated by motion of application. Mandamus by petition.

court may issue Preliminary Injunction although similar injunction has been denied by judge of another rank. Say, RTC Branch 58, RTC & Branch 57. Several cases were filed. RTC Branch 57 may grant. Branch 58 may not grant. We are not bound by the judgment or order of co-equal and coordinate court. Thats the principle of Judicial Stability. What is the range of enforceability of a writ of injunction? The range is within the region only. You cannot enjoin acts beyond the region. Attachment, range of enforceability: anywhere in the Phil. X filed case against Y in Cebu City. Y has properties in Mindanao. Can Cebu court issue a writ to attach the property of the defendant in Mindanao? Yes, a writ of attachment maybe served anywhere in the Phil. But a writ of injunction should be not enforced beyond the region. There is one exemption, very rare exception (Delcano vs Edu not sure), Court cannot interfere by injunction with judgment of coordinate courts, as Ive said principle of judicial stability. Decision of Branch 58 RTC and then it is enforced or implemented , can the other branch of the court enjoined the answer is NO. In another case (Seuji vs Harvey not sure npud!), inferior courts or lower courts cannot change the mandate of a superior court. You cannot review, right or wrong, the decision of higher court tumanun jud. Lower court cannot examine nor give any other or further relief nor review upon any matter decided on appeal for error apparent. So lower court cannot intermeddle with the judgment other than to settle so much that has been remanded. Section. 3 Grounds for Issuance of Preliminary Injunction (break)

Section 2. Who may grant preliminary injunction. A preliminary injunction may be granted by the court where the action or proceeding is pending. If the action or proceeding is pending in the Court of Appeals or in the Supreme Court, it may be issued by said court or any member thereof. (2a)
Who may grant Injunction? All courts but first, court where the action is pending. SC, CA, Sandiganbayan only in aid of its appellant of jurisdiction. Then RTC, MTC, especially in forcible entry or unlawful detainer to prevent the defendant from depriving the plaintiff of possession of the property. Judge of the branch of trial

Sec. 3. Grounds for issuance of preliminary injunction. A preliminary injunction may be granted when it is established: (a) That the applicant is entitled to the relief demanded, and 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;

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(b) That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or (c) 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 respecting the subject of the action or proceeding, and tending to render the judgment ineffectual. A few points under attachment. A property plenary attached is property in custodia legis. The property attached is used by the sheriff in making it liable (xxx) The Sheriff used an attached car in his trip outside Cebu City and the car is carnapped by somebody. He [the Sheriff] is liable for malversation because the property attached is property under custodia legis. Bond for the issuance of the writ of attachment. What is the purpose for damages by reason of issuance of a bond for lifting attachment or counterbond. What is the purpose? To secure the payment of the judgment. Suppose there is a partial execution of judgmentwill it discharge the attached property? No. Filing of a counterbond will not relieve plaintiffs attachment bond. Discharge of attachment is not automatic. There must be hearing and there must be a court order. Note also that after the writ of attachment is discharged by the counterbond, he cannot file another motion under Section 15 on ground of improper or unjustified issuance of the writ. Suppose the Sheriff embezzled the property of the defendant or the party against whom the attachment is issuedwhat is the consequence? It should be treated as though it had been levied upon under execution. Going back to injunctiongrounds.

Establish the following: applicant is entitled to the relief demanded. That the whole or part of such relief consists in restraining the commission or continuance of an act or acts complained of or requiring the performance of an act or acts etc, etc. So prohibitory; mandatory. Then the commission, continuance or non-performance of the act or acts complained of would probably work injustice to the applicant. Warningthere is a consistent ruling of the Supereme Court interpreting this phrase would probably work injustice to the applicant. So based on probability only, not on absolute certainty. Xxx ...respecting the subject of the action. Again, probability only, not on absolute certainty. There are particular cases when preliminary injuction lies. Petition for relief from judgment entered through fraud, accident, mistake, excusable negligence. Kahibaw na siguro mo sa remedies: first remedyset aside the order of the court; then another remedy new trial before judgment shall become final and executory; next remedy is petition for relief from judgmentthere is already a judgment, the judgment has become final and executory and in fact there may already be a writ of execution. The last remedy is annulment of judgment anchored on extrinsic fraud and lack of jurisdiction. Petition for relief. There is fraud, accident, mistake, excusable negligence. You have filed a petition for relief. But the court may execute the final and executor judgment. So what is the remedy on the petitioner? Of course, injunctionpreliminary, prohibitory injunction. Otherwise, a writ of execution will be issued. In certiorari or petition for mandamuseven if you filed a petition for prohibition, because the court has not jurisdiction over the subject matter of the actionug naay judge na ah, bahala mo uy, padayon ta, the judgment proceeds. In order to stop the court from proceeding with the trial, you should file a petition for prohibition, strike at the very jurisdiction of the court, to stop the court from continuing with the trial and so file an issuance for the execution of a writ of preliminary, prohibitory injunction. Certiorari is useless, prohibition is useless, mandamus is useless if it will not be coupled with an application for the issuance of a preliminary, prohibitory injunction to be issued of course by the higher court.
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Actions for annulment of judgment obtained through fraud How do you prevent execution of judgment? File an action for annulment with preliminary, prohibitory injunction. Actions for annulment of judgment which are not (public knowledge (?)). Restrain continued breach of valid negative obligation. Enjoin repeated trespass on land and other basis. May criminal prosecutions be enjoined? General rule NO. Reasonpublic policy. But there is a long list of exceptions. Cases wherein preliminary injunction does not lie. No injunction to take the property out of the control or position of one party and transfer it to another person if that person has no clear, legal right. No injunction when action for nullities would adequately compensate the injuries caused. You cannot restrain criminal prosecution where Ombudsman had authorized a special prosecutor to conduct preliminary investigation. Statutes or decrees prohibiting preliminary injunction. Of course, no injunction against collection of taxes paid under protest. No injunction against assets privatization trust. No injunction against in following casesacquisition, clearance, development of right of way, bidding/awarding of contract/project of national government. PD 1818no injunction against infrastructure projectsroads, bridges, hospitals etc but there are notable exceptions. No injunction against Presidential Agrarian Reform Council, Sec 4 is amended.

(b) Unless exempted by the court, the applicant files with the court where the action or proceeding is pending, a bond executed to the party or person enjoined, in an amount to be fixed by the court, to the effect that the applicant will pay to such party or person all damages which he may sustain by reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled thereto. Upon approval of the requisite bond, a writ of preliminary injunction shall be issued. (c) When an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading, the case, if filed in a multiple-sala court, shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined. In any event, such notice shall be preceded, or contemporaneously accompanied, by service of summons, together with a copy of the complaint or initiatory pleading and the applicants affidavit and bond, upon the adverse party in the Philippines. However, where the summons could not be served personally or by substituted service despite diligent efforts, or the adverse party is a resident of the Philippines temporarily absent therefrom or is a nonresident thereof, the requirement of prior or contemporaneous service of summons shall not apply. (d) The application for a temporary restraining order shall thereafter be acted upon only after all parties are heard in a summary hearing which shall be conducted within twenty-four (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. Sec. 4 Preliminary injunction or TRO may be granted only when verified (meaning under oath). Suppose, an application for injunction is not verifiedmay the court outrightly dismiss the application? The answer is NO. Because the court will give the applicant a chance to have the application under oath. So lack of verification is not jurisdictional, it is merely procedural. It is a formal defect. Verification must show the facts entitling the applicant to the relief demanded. Do not just copy section 4 without adding any factual basis.
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Sec. 4. Verified application and bond for preliminary injunction or temporary restraining order. A preliminary injunction or temporary restraining order may be granted only when: (a) The application in the action or proceeding is verified, and shows facts entitling the applicant to the relief demanded; and

Put up injunction bond executed to the party or person enjoined. Who will fix the amount to the bond? Court. What is the purpose of the injunction bond? That the applicant will pay such party or person enjoined all that it is that he may sustain by reason of the injunction or TRO if the court should finally decide that the applicant was not entitled thereto. Its not necessary to allege fraud When an application for a writ of preliminary injunction or TRO is included in the complaint or any initiatory pleading, filed in a multiple sala court shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined.

injunction. Why is it necessary to furnish the adverse party a copy of the bond? So that the adverse party can except as to the sufficiency of the bond. Unsa man ni na bonding company? Pag tan-aw niya sa directoryuy, murag dugay na man ni na defunct. 2001 pa ni. Gi verify niya sa Securities and Exchange Commission wala na, defunct bonding company. So mu-oppose dayon ka, sa application of the bond. You can also oppose if the bond is not sufficient. Most important, there must be prior or contemporaneous service of summons. Either before ka nakadawat, naa nay summons or dib a paghatag sa order sa imo, naa na say summons. Meaning, the court must first acquire jurisdiction over the person of the adverse party. There are exceptions to prior or contemporaneous service of summons. Pwede mag injunction, pwede mag TRO, pwede mag application even without prior or contemporaneous service of summons. Pananglitan, ang defendant mag tago-tago, unsa-on man nimo pag apply nga ga-tago-tago man. Dili man ka silbihan ug summons. The rule says these are the exceptionssummons could not be served personally or by substited service despite diligent efforts. Kahibaw man mu unsa ning substituted servcemu adto kas opisina, ibilin nimo sa person in-charge in the office. Adto ka sa balay sa kontra, then it must be given to a person of suitable age and discretion then residing therein. Then, adverse party is a resident temporary absent therefrom. Tu-a man siya sa States, unsaon man nimo pag-serve. He is beyond jurisdiction of court. Next, no prior or contemporaneous service if the defendant is a non-resident. Now, after an application for TRO is filed, whats the next step? The court should conduct a summary hearing. All parties are heard in the summary hearing which shall be conducted within 24 hours after the sheriffs return of service and all the records are received by the branch directed by the raffle and to which the records shall be transmitted immediately. Summary hearing meansthere are 2 types of hearings: non-trial type hearing and trial-type hearing. Trial-type hearing means witnesses will testify. Non-trial typeeither you attach the affidavit
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Illustration: Recover of real property with injunction. What is the procedure? Before that case will be raffled, the adverse party or the party against whom injunction may be issued must be notified. Why? Because there was malpractice committed by lawyers before. Kaniadto, kung mangayo kag TRO/injunction, pwede ra magpahibaw sa Clerk of Court. Kani-adto gud, isulod man lang ug basket nga gamay mura bitawg bingon unya ibutang didto unsa man na court. Ang kontra di kahibaw. Naay mga lawyers na suki nila ang judge. Ingon ra nila tong Clerk of Courtadto na sa Branch 53, adto na didto. So ni-adto mahitabo na ngano man ning abogadoha na tanan kaso tu-a man ni Judge X? Something wrong there. Walay raffle-raffle. So karon, if you file an action with injunction, no raffle without notice. Give the adverse party a chance to witness the raffle. Thats it. Raffle only after notice to and in the presence of the adverse party. But suppose the adverse party received a notice that the case will be raffled, wa sad siya mutambongaw mirisi sya. In any event, such notice will be preceded or contemporaneously accompanied by the following: service of summons, copy of xxx historic pleading, applicants bond upon the adverse party. If there is notice of raffle and you are the lawyer of the adverse party, you should examine the following: naa bay applicants affidavit? Kung walay applicants affidavit how will you justify a judgment? Gi-attach be ang injunction bond. Wa ganino TRO, no

to justify the application or there may be oral argument. So mag argument lang, no witnesses. That is summary. To repeat, what is the purpose of the bond? Answers for all damages which the party enjoined may sustain by reason of the preliminary injunction or TRO. The court may impose additional conditions.

service of summons and the documents to be served therewith. Thereafter, within the aforesaid seventy-two (72) hours, the judge before whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall be extended until the application for preliminary injunction can be heard. In no case shall the total period of effectivity of the temporary restraining order exceed twenty (20) days, including the original seventy-two hours provided herein. In the event that the application for preliminary injunction is denied or not resolved within the said period, the temporary restraining order is deemed automatically vacated. The effectivity of a temporary restraining order is not extendible without need of any judicial declaration to that effect and no court shall have authority to extend or renew the same on the same ground for which it was issued. However, if issued by the Court of Appeals or a member thereof, the temporary restraining order shall be effective for sixty (60) days from service on the party or person sought to be enjoined. A restraining order issued by the Supreme Court or a member thereof shall be effective until further orders.

Section 5 is amended. Sec. 5. Preliminary injunction not granted without notice; exception. No preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoined. If it shall appear from facts shown by affidavits or by the verified application that great or irreparable injury would result to the applicant before the matter can be heard on notice, the court to which the application for preliminary injunction was made, may issue ex parte a temporary restraining order to be effective only for a period of twenty (20) days from service on the party or person sought to be enjoined, except as herein provided. Within the said twenty-day period, the court must order said party or person to show cause, at a specified time and place, why the injunction should not be granted, determine within the same period whether or not the preliminary injunction shall be granted, and accordingly issue the corresponding order. However, and subject to the provisions of the preceding sections, if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of a multiple-sala court or the presiding judge of a single-sala court may issue ex parte a temporary restraining order effective for only seventy-two (72) hours from issuance but he shall immediately comply with the provisions of the next preceding section as to

No preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoined. If it shall appear from facts shown by affidavits or by the verified application that great or irreparable injury will result to the applicant before the matter can be heard on notice, the court which the application for preliminary injunction was made may issue ex parte a TRO to be effective only for a period of 20 days from serve on the party or person sought to be enjoined except as herein provided. So the affidavit of the allegations in the petition must show great or irreparable injury. Please take note of OR, not AND. Importante kaayo nang distinction. Pwede ra mu-allege na great. Pwede ran a mu-allege irreparable.

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So court may issue injunction with a lifetime of 20 days only. I mean, TRO. 20 days only. Pananglitan i-demolish na imong balay, tagaan kag isang simana, to move out from the house...mu file kag kaso, mangayo kag TRO. Tagaan kag TRO 20 days. Mulapas ang 20 days unsa man ang buhaton sa imong kontra? Your house will be demolished kay ang lifetime is only 20 days. So what are you going to do? Before the expiration of the 20-day period, you should apply for the issuance of a writ of injunction. The rule says within the 20-day period, the court must order the party or person to show-cause why injunction should not be granted. Ngano man nga ang applicant dili man siya mu show-cause? Ang defendant naman nuon? Show-cause why injunction should not be granted. Then the court shall determine within the same period W/N injunction shall be granted and accordingly issue the corresponding order. So oral argument...the court issues the order, before the expiration of the 20-day period. So on the facts stated, the issuance of injunction is in order. Is there an injunction which may be granted without hearing? Naa ba? Kung TRO pwede ex parte. Before the expiration mangayo kag injunction, there must be hearing. Is there a TRO or injunction without a hearing? Yes, which is known as a 72-hour TRO. When is a 72-hour TRO granted? The rule is very clear. If the matter is of extreme urgency, and the applicant will suffer grave justice and irreparable injury. Dili na ni OR, naa na ni AND. So unsa man i-allege nimo? Extreme urgency. Kung kutob ra ka diha, no 72-hour TRO. Kung ang i-allege nimo the applicant will suffer grave injustice and irreparable injury. If you allege only grave injustice, no 72-hour TRO. If mabusisi ang judgewala gyuy makalusot if kuwang. Because the rule must be strictly construed against the applicant. So who is authorized to issue a 72-hour order? Only the executive judge of a multiple-sala court or a judge of a single-sala court. Cebu? Multiple-sala court. There is only one RTC but there are several branches. So only the executive judge can

issue 72-hour TRO. But in places when there is only one RTC, single-sala court... Example of 72-hour TRO Ill give you an example of a 72-hour TRO. One morning, ni-abot ang bulldozer, backhoe, naay 30 carpenters, naa silay martillo, gabas. Mu ingon dayon silakutob ra ka karon ha? Ugma, guba na ning balay nimo; order ni Mayor. Unya mu-apply ka 20 day TRO, guba na. Di ba? So what are you going to apply? 72-hour TRO. Executive judge ra gyud nay maka grant. Kinahanglan skilful kaayo ka, mayo kaayo ka muhimo sa imo pleading kay kung mu sipyat kag one word, unya strikto ang judge sa proceduredenied. Guba ang balay. No hearingkay 72-hour man. Mulapas na man ang 72 hours, guba na sad ka. So what are you going to do if you are the defending party? Ask that the 72-hour TRO be extended up to the 20th day. Hapit na sad mulapas ang 20 days. Guba na ang balay. This time you can ask for the issuance of preliminary, prohibitory injunction. In no case will the total period of the effectivity of a TRO exceed 20 days, including the original 72 hours. So kanag 72 hours3 days. Pila nalang nabilin? 17. In the event that the application for preliminary injunction is denied, or not resolved within the said period, the TRO is deemed automatically vacated. Meaning 20-day TRO mulapas na, automatically vacated. Is there a need for a court order? Na o, lapas na man, order, proceed. Automatic na, din a kailangan ug court order. May the 20-day period be extended? The answer is NO. The rule says it cannot be extended. It says that the effectivity of a TRO is not extendible without any need for the petition, declaration, to the effect. No court shall have the authority to extend or renew the same on the same ground for which it was issued. Pwede, you allege other grounds. The only problem is defenses and objections not pleaded in the answer are deemed waived.
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Now TRO issued by the Court of Appeals. What is the lifetime? RTC 60 ha. CA, 60 days from service to the party or person sought to be enjoined. Kung ang TRO gi-issue sa Supreme Court, no life time...a restraining order issued by the SC shall be effective until further orders. Trial Court, CA, Sandigan, CTA that issued a write of preliminary injunction against a lower court or officer or quasi-judicial agency shall preside the main case for petition within 6 months from the issuance of the writ. We have been talking about irreparable injury. There are several definitions pero ang uban labo kaayo. Usualspecies of injury whether great or small that ought not to be submitted to on one hand or inflicted in the other. Kasabot mo ana?wa. Because it is so large on one hand or so small on the other in such constant and frequent recurrence that no fair or reasonable redress can be had therefore in the court of law. Ga tuyok-tuyok. Ari ta sa simple definition of irreparable injury. Not capable of pecuniary estimation. Mao ra gyud na. So irreparable injury is that where there is no standard by which is the amount that we measure with reasonable accuracy that means it is not susceptible to pecuniary estimation. Now courts should not issue an order of injunction which will touch or resolve the main case. X versus Y. Niingon si X, I am the owner of the property. Ingon si Y, no I am the owner of the property. X filed an application for injunction. Niingon dayno ang court, application granted because plaintiff, not defendant is the owner of the property. Unsa man ang nahitabo sa main case? Gi resolve daan! Kay ngano? Mere motion, gi resolve na ang main case nga who is the owner. Dila na pwede. Pareho na sa attachment nga attachment is granted because it is really the plaintiff who is the owner of the property. Tapos ang kaso. Kay duna na may pronouncement daan sa motion.

Now Section 6Grounds for objection. Ground for dissolution of injunction. Sec. 6. Grounds for objection to, or for motion of dissolution of, injunction or restraining order. The application for injunction or restraining order may be denied, upon a showing of its insufficiency. The injunction or restraining order may also be denied, or, if granted, may be dissolved, on other grounds upon affidavits of the party or person enjoined, which may be opposed by the applicant also by affidavits. It may further be denied, or, if granted, may be dissolved, if it appears after hearing that although the applicant is entitled to the injunction or restraining order, the issuance or continuance thereof, as the case may be, would cause irreparable damage to the party or person enjoined while the applicant can be fully compensated for such damages as he may suffer, and the former files a bond in an amount fixed by the court conditioned that he will pay all damages which the applicant may suffer by the denial or the dissolution of the injunction or restraining order. If it appears that the extent of the preliminary injunction or restraining order granted is too great, it may be modified. First ground under Section 6. Injunction TRO upon a showing of its insufficiency (meaning lacks factual and legal basis) then execute affidavit of party or person enjoined. The injunction shall not be granted, it shall be opposed by counter-affidavit. Next ground. If it appears after hearing that although the applicant is entitled to the injunction or TRO, the issuance or continuance thereof as it is, may cause irreparable damage or injury to the party or person enjoined while the applicant can be fullycompensated for such damages. But a bond must be posted. Plaintiff filed an application for the issuance of a writ of injunction. If it will be granted, the party sought to be enjoined will suffer great or irreparable injury and the applicant can be fully compensated sa iyang complaintnaa may damages...but in this situation, there must be a bond filed. What is the purpose of the bond? That the adverse party will pay all damages which the applicant will suffer with the denial or dissolution of the injunction.

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Suppose the TRO or injunction is great. Too great, what shall be done? It may be modified. Filing of counterbond to dissolve injunction is not a matter of right.

Sec. 7. Service of copies of bonds; effect of disapproval of same. The party filing a bond in accordance with the provisions of this Rule shall forthwith serve a copy of such bond on the other party, who may except to the sufficiency of the bond, or of the surety or sureties thereon. If the applicants bond is found to be insufficient in amount, or if the surety or sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the injunction shall be dissolved. If the bond of the adverse party is found to be insufficient in amount, or the surety or sureties thereon fail to justify a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the injunction shall be granted or restored, as the case may be.

If you are the plaintiff-applicant, you filed an injunction bond. Defendant does not want injunction to be granted, he may post counterbond. Ang plaintiff will furnish the defendant a copy of his bond. What is the the purpose? So that the defendant can except as to the sufficiency of the fund. The party who filed the counterbond must furnish the applicant or plaintiff a copy of the counterbond to give the plaintiff a change to except to the sufficiency of the bond. Suppose the bond posted is insufficient. What shall be done? The court will give the party a chance to make the bond sufficient. Order: plaintiff or defendant is given a period of 20 days from receipt of this order to make the bond sufficient. Suppose the party failed to submit a sufficient bond. Of course the injunction will be dissolved. The judgment will include damages against party and sureties. Balik-balik lang ni. Mangayo gani kag damages against the bond must be before the trial, during the trial, after the trial but before finality of judgment. No separate action against the bond. No separate case. It must be applied. And the judgment against the bond must be included in the judgment. Remedy here is exclusive. Praying for damages, etc must be presented in the principal action and judgment therefore must be included in the executory judgment of the case. Why is a separate action against the bond not allowed? To prevent multiplicity of suits. Final injunction. Weve been talking about preliminary injunction. Naa na ganiy judgement, it cannot be called preliminary anymore. That is final injunction. Thats Section 9. When shall the court issue a final injunction? Rule says if after the trial of the action it appears that the appellant is entitled to have the act or acts complained of then the court
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Sec. 8. Judgment to include damages against party and sureties. At the trial, the amount of damages to be awarded to either party, upon the bond of the adverse party, shall be claimed, ascertained, and awarded under the same procedure prescribed in section 20 of Rule 57. Sec. 9. When final injunction granted. If after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently enjoined, the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts or confirming the preliminary mandatory injunction.

RULE 59 RECEIVERSHIP shall grant final injunction perpetually restraining the party or person enjoined from commission or continuance of the act or acts or confirming the preliminary mandatory injunction. Other notes under injunction. As I said, injunction may be an action itself coupled with preliminary injunction. So injunctionmain case; provisional remedypreliminary injunction. It may also be preliminary, mandatory injunction. How do you challenge preliminary injunction? Certiorari. Grave abuse of discretion amounting to lack or excess of jurisdiction. In the family, no injunction may be granted. Cases involving or growing out of labor disputes. No court shall have jurisdiction to issue TRO, etc involving or growing out of the issuance of approval, disapproval or suspension of concessions, licenses, permits. PD385no injunction against foreclosures so that institutions are not denied cash. Sequestrationonly Sandigan can issue injunction in sequestration cases. How do you distinguish injunction from a status quo order? There are instances when the SC will issue a status quo order usually without bond. Kung injunction gani, there is a bond. What is the purpose of the status quo order? It is merely intended to maintain the last uncontested state of things which preceded the controversy. Status quo orderbased on equity. Injunction order based on the Rules of Court under Provisional Remedies. Unlike a TRO, a status quo order is more in the nature of a cease and desist order. Kasagaran ani mga quasi-judicial agencies. So the next rule will be Receivership.

- END Receivership is the only provisional remedy which is available at the time of the commencement of the action, after judgment and even after the judgment has become final and executory. This is primarily to preserve and conserve the property in litigation. How many receivers can be appointed? One or more receivers. What shall be put under receivership? Property subject of the action or proceeding only What court will appoint? Court where the action is pending: SC , CA, RTC and MTC Section 1. Appointment of receiver. Upon a verified application, one or more receivers of the property subject of the action or proceeding may be appointed by the court where the action is pending, or by the Court of Appeals or by the Supreme Court, or a member thereof, in the following cases: (a) When it appears from the verified application, and such other proof as the court may require, that 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) When 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 mortgage debt, or that the parties have so stipulated in the contract of mortgage; (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, or otherwise to carry the judgment into effect;
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(d) Whenever in other cases 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. During the pendency of an appeal, the appellate court may allow an application for the appointment of a receiver to be filed in and decided by the court of origin and the receiver appointed to be subject to the control of said court. In what cases? (a) When it appears from the verified application, and such other proof as the court may require, that the party applying for the appointment of a receiver has: 1. an interest in the property or fund which is the subject of the action or proceeding 2. such property or fund is in danger of being lost, removed, or materially injured unless a receiver be appointed to administer and preserve It does not necessarily follow that when you have an interest in a case, then the court will grant a receivership order. It must also alleged that the property under litigation is in danger of being lost, removed etc

worth 500T was mortgaged. So if property is dissipated, then who will use? The mortgagee. 3. the parties have so stipulated in the contract of mortgage There is a deed of mortgage and parties stipulated that the property mortgaged must be under receivership.

(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, or otherwise to carry the judgment into effect; What are the purposes of receivership? Preserve the property during the pendency of the appeal Dispose of the said property according to the judgment Aid execution where execution has been returned unsatisfied 4. Judgment-obligor refuses to apply his property in satisfaction of the judgment 5. Carry the judgment into effect 1. 2. 3. (d) Whenever in other cases 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. Receivership may be a principal action like injunction in injunction with injunction. It may be the main action itself or a provisional remedy. As a rule, a party in litigation is not qualified to act as the receiver. Neither plaintiff nor defendant. Except if parties agree in writing that one of them will be appointed receiver by the court. Even after perfection of appeal, the court may grant receivership. Where the action is merely to obtain a money judgment on unpaid credit and not to enforce a lien on a specific property, or
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(b) When it appears in an action by the mortgagee for the foreclosure of a mortgage that: 1. the property is in danger of being wasted or dissipated or materially injured Suppose somebody borrowed money from you secured by a real estate mortgage (a world class beach lot). You are interest with the preservation of the property thats why you agreed that the obligation be secured by said real property. Suppose that the mortgagor abandon the cottages, the beach house is in danger of being cannibalized or eaten by termites, so you are interested in the preservation and conservation of property. Here, your remedy is receivership. 2. that its value is probably insufficient to discharge the mortgage debt, Somebody borrowed money, secured by a mortgage. Amount of money borrowed is 1M and only a real property

funds in the possession in defendant, then the appointment of a receiver is improper. Inferior courts like MTC have now jurisdiction to appoint a receiver if the main case is within its jurisdiction. Like possession of or interest of real property where the assessed value is less than 20T. Receiver may be appointed to take charge not only of real but also personal properties subject matter of the litigation. Who is a receiver? A receiver is a neutral or an indifferent person. He is an officer in the court. His possession of the properties in custodia legis. Warning: Where the effect of the appointment of a receiver is upon a real property out of the possession of one party before the final adjudication of the right of the parties, the court should not appoint a receiver. This is a remedy if there is mal-administration of the properties. A party applying for receivership should have an action existing interest in the property in litigation and not an inchoate or anticipatory interest Appointment of a receiver is discretionary. Suppose court committed grave abuse of discretion amounting to lack or excess of jurisdiction in appointing or denying receivership, the remedy is Rule 65 on Certiorari.

appointment without sufficient cause; and the court may, in its discretion, at any time after the appointment, require an additional bond as further security for such damages. This is the only provisional remedy that may require three bond, namely: 1. Bond of the applicant 2. Bond of the adverse party 3. Bond of the receiver The court shall require the applicant to file a bond to the party against whom the application is presented. How much? In an amount to be fixed by the court. What is the purpose? That the applicant will pay such party against whom receivership is issued all damages he may sustain by reason of the appointment of such receiver in case the applicant shall have procured such appointment without sufficient cause. One of the ways of dissolving receivership is if the court finds that the appointment was without sufficient cause. The court may require additional bond. The prevention of imminent danger to property is the guiding principle that governs in the matter of appointing receiver. It is necessary in granting the relief that the prop of fun d be in danger of loss removal or material injury. Sec. 3. Denial of application or discharge of receiver. The application may be denied, or the receiver discharged, when the adverse party files a bond executed to the applicant, in an amount to be fixed by the court, to the effect that such party will pay the applicant all damages he may suffer by reason of the acts, omissions, or other matters specified in the application as ground for such appointment. The receiver may also be discharged if it is shown that his appointment was obtained without sufficient cause. This talks about the ground for denial of application or if granted, the ground of discharge of receiver.

Sec. 2. Bond on appointment of receiver. Before issuing the order appointing a receiver the court shall require the applicant to file a bond executed to the party against whom the application is presented, in an amount to be fixed by the court, to the effect that the applicant will pay such party all damages he may sustain by reason of the appointment of such receiver in case the applicant shall have procured such

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The application may be denied, or the receiver discharged, when the adverse party files a bond executed to the applicant So this is counter-bond of the party against whom order of receivership is issued. How much? To be fixed by the court. What is the purpose of the counter bond? Such party will pay the applicant all damages he may suffer by reason of the acts, omissions, or other matters specified in the application as ground for such appointment. Another ground for the discharge of a receiver is if it is shown that his appointment was obtained without sufficient cause. What is the judicial policy on receivership? The appointment is a delicate matter. The power must be exercised with extreme caution and only when circumstances so demand. Sec. 4. Oath and bond of receiver. Before entering upon his duties, the receiver shall be sworn to perform them faithfully, and shall file a bond, executed to such person and in such sum as the court may direct, to the effect that he will faithfully discharge his duties in the action or proceeding and obey the orders of the court. If the receiver is already appointed, he should take oath first then post a bond. What is the purpose? So that he will faithfully discharge his duties in the action or proceeding and obey the orders of the court. How much? To be fixed by the court Sec. 5. Service of copies of bonds; effect of disapproval of same. The person filing a bond in accordance with the provisions of this Rule shall forthwith serve a copy thereof on each interested party, who may except to its sufficiency or of the surety or sureties thereon. If either the applicants or the receivers bond is found to

be insufficient in amount, or if the surety or sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the application shall be denied or the receiver discharged, as the case may be. If the bond of the adverse party is found to be insufficient in amount or the surety or sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the receiver shall be appointed or re-appointed, as the case may be. The applicant will furnish the opposing party a copy of the bond. The party who posted a counter bond should also furnish the applicant a copy of the bond. The receiver should furnish the applicant and the opposing party a copy of the bond. What the purpose? So that the party can accept to the sufficiency of the bond. If the bond if insufficient, the court may give a party a chance to make the bond sufficient within a reasonable period of time. Failure to comply with the order means denial. Damages resulting from appointment of receiver vs damages arising after. (damages Before and after appointment) The right to damages for procuring appointment without just cause is statutory while the right to damages based on negligence or misconduct of the receiver is founded or arises under general principles of law. Grounds for the denial or lifting of the order: 1. without sufficient cause 2. adverse party files sufficient bond 3. bond posted by applicant is insufficient 4. bond of receiver is insufficient Sec. 6. General powers of receiver. Subject to the control of the court in which the action or proceeding is pending, a receiver shall have the power to bring and defend, in such capacity, actions in his own name; to take and keep possession of the property in controversy; to receive rents; to collect debts due to himself as receiver or to the fund, property,
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estate, person, or corporation of which he is the receiver; to compound for and compromise the same; to make transfers; to pay outstanding debts; to divide the money and other property that shall remain among the persons legally entitled to receive the same; and generally to do such acts respecting the property as the court may authorize. However, funds in the hands of a receiver may be invested only by order of the court upon the written consent of all the parties to the action. No action may be filed by or against a receiver without leave of the court which appointed him. Powers of the receiver: 1. bring and defend, in such capacity, actions in his own name 2. take and keep possession of the property in controversy 3. receive rents 4. collect debts due to himself as receiver or to the fund, property, estate, person, or corporation of which he is the receiver 5. compound for and compromise the same 6. make transfers 7. pay outstanding debts 8. divide the money and other property that shall remain among the persons legally entitled to receive the same General Power: To do such acts respecting the property as the court may authorize Receivership cannot be effected with respect to property in custodia legis except if an executor or an administrator dissipates the property in litigation or under his administration, then any party may ask that the property be put under receivership. Contracts executed by the receiver without the approval of the court constitute his personal undertakings and obligations What is the purpose of No action may be filed by or against a receiver without leave of the court which appointed him? To enhance the supervisory power and control by the court over the performance of by the receiver of his duties and forestall any undue interference through improvident suits

Court Sheriff vs Receiver Sheriff An officer of a general character who exercises his functions within the limits of his jurisdiction does not have to take his oath as receiver need not post bond

Receiver A special officer admitted in relation and in certain case of action whose duties are limited within his sphere of action. He administers or protects properties in litigation only required to take an oath required to post bond

Actions against receivers based on management of property cannot be withdrawn without leave of court which appointed him. // end of Sarahs

Sec. 7. Liability for refusal or neglect to deliver property to receiver. A person who refuses or neglects, upon reasonable demand, to deliver to the receiver all the property, money, books, deeds, notes, bills, documents and papers within his power or control, subject of or involved in the action or proceeding, or in case of disagreement, as determined and ordered by the court, may be punished for contempt and shall be liable to the receiver for the money or the value of the property and other things so refused or neglected to be surrendered, together with all damages that may have been sustained by the party or parties entitled thereto as a consequence of such refusal or neglect. Actions against receivers based on management of receivership property cannot be brought without leave of court, which appointed him during the pendency of receivership. So procedure in presentation of claims against receivership. File a petition or motion in the same proceeding in which the receiver discharges his duties or file complaints in intervention pursuant to section 1 of Rule 19.

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In section 7, liability for refusal or neglect to deliver property to receiver. Once a receiver is appointed, any person who neglects or refuses to deliver to the receiver all properties under litigation means contempt of court. For example, property under litigation, which is in possession of a 3rd party who is not a party to the action, and the court directed said party to deliver the property in litigation to the receiver. So what is the liability of the refusing party? 1. Contempt 2. Damages that have been sustained by the party or parties entitled thereto as a consequence of such refusal or neglect. Sec. 8. Termination receiver. of receivership; compensation of

Same procedure, attachment and injunction. Section 20 Rule 57, damages for the appointment of receiver should be made and prosecuted in the receivership case and cannot be subsequently litigated in a separate action.

RULE 60 REPLEVIN Sec. 1. Judgment to include recovery against sureties. A party praying for the recovery of possession of personal property may, at the commencement of the action or at any time before answer, apply for an order for the delivery of such property to him, in the manner hereinafter provided. The bond is double the amount of the property. Replevin may be a principal action, it may also be a provisional remedy. Do not forget also when to apply or when to file a petition or motion for replevin, for recovery of personal property. Do not forget this phrase, at anytime before answer. So replevin may refer to the action itself for the recovery of personal property or the provisional remedy, traditionally associated with it, by which the possession of property may be obtained by the plaintiff and secured during the pendency of the action. One thing you should not also forget in replevin, this is an action for possession only, possessory action like forcible entry and unlawful detainer, possessory rana siya. What that does mean? The only issue is possession. An action for replevin does not finally settle the issue of ownership, it may or may not, but it is not expected to resolve with finality the issue of ownership. That is why in replevin you sue only the person in possession, not the owner who is not in possession, thats why it is called possessory action. Who will file an application for the provisional remedy of replevin? Plaintiff or defendant, subject matter is personal property only capable of manual delivery. So I repeat, applied for before answer. Attachment, injunction, support pendent lite, at anytime before judgment. Receivership, at any stage of the action and even after judgment. Now replevin is available only where the principal reliefs are recovery of possession of personal property. Even if
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Whenever the court, motu proprio or on motion of either party, shall determine that the necessity for a receiver no longer exists, it shall, after due notice to all interested parties and hearing, settle the accounts of the receiver, direct the delivery of the funds and other property in his possession to the person adjudged to be entitled to receive them, and order the discharge of the receiver from further duty as such. The court shall allow the receiver such reasonable compensation as the circumstances of the case warrant, to be taxed as costs against the defeated party, or apportioned, as justice requires. When shall receivership be terminated? If the court shall determine that the necessity for a receiver no longer exists. So what shall the court do? Direct the delivery of the funds and other property in his possession to the person adjudged to be entitled to receive the property under receivership. Of course you have to compensate that receiver. Sec. 9. Judgment to include recovery against sureties. The amount, if any, to be awarded to any party upon any bond filed in accordance with the provisions of this Rule, shall be claimed, ascertained, and granted under the same procedure prescribed in section 20 of Rule 57.

there are other reliefs prayed for like damages, attorneys fees, etc.,replevin can be sought only where the defendant is in actual or constructive possession of the personal property involved. May property searched under search warrant be the subject of replevin? The answer is no. Kung naay property confiscated because of a search warrant, can the owner recover that personal property by filing writ of replevin? As I said no, because personal properties seized under a search warrant are properties in custodia legis, that is the reason. Is there an exception? Yes if the search warrant was improvidently or irregularly issued, so replevin may be a remedy. Now replevin is available to recover personal property even if the same is concealed, removed or disposed of. Remember attachment and receivership. Replevin cannot be availed of if the property is in custodia legis or its under attachment. Which court may entertain a replevin action? Regional Trial Court, CA, SC including MTC if the property sought to be recovered is 200,000 or less-MTC. Then range of enforceability, there is already writ of replevin, it is enforceable anywhere in the Philippines. So attachment anywhere, injunction in the region only. There is no ruling with respect to receivership. You should distinguish replevin from receivership. In receivership, the property must be removed, etc. In replevin, it is not necessary. Chattel mortgagee may apply for replevin, reason, the chattel mortgagee cannot lawfully take the property by force against the will of the mortgagor. Who are the indispensable parties in an action to recover possession? Mortgagor, third party and chattel mortgagor. What is the basis of jurisdiction in action by chattel mortgagee to recover possession of encumbered property? The amount of the plaintiffs claim must be within the jurisdiction of the court. Expenses of suit and attorneys fees in an action for replevin are recoverable directly from the mortgagor.

(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 such seizure or custody; and (d) The actual market value of the property. The applicant must also give a 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. The applicant must execute an affidavit, or any person may execute affidavit if he has personal knowledge of the facts. Contents, applicant is either the owner of the property named, then describing it, or he is entitled to the possession thereof. You rented a car for 1 month, nag drive ka, somebody grab the car from you, ako sa ang mag abang ani, so how can you recover, by force? No, replevin. You are not the owner but you are entitled to possession of the property. If the property is wrongfully detained by the adverse party alleging the cause of detention, so the court will not issue a writ of replevin. Property has not been taken or attached as assessment pursuant to law, between you and government, of course the government would prevail. Personal property must also not be seized under a writ of execution because it is in a possession of a sheriff who enforces the writ of execution, therefore the property is considered as property in custodia legis. If the property is attached, it cannot also be recovered by replevin. Suppose a property is seized, you are the owner of the property, the property was attached, can you recover the property? It depends. If the property is exempt from execution, remember properties exempt from execution are also exempt from attachment, you can therefore recover it via replevin. Last, actual market value of the property, in one case the plaintiff alleged that the probable value of this property is 200,000, SC said court should not have granted replevin because the plaintiff must state the actual market value not the probable value of the property.

Sec. 2 Affidavit and bond. The applicant must show by his own affidavit or that of some other person who personally knows the facts: (a) That the applicant is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof; (b) That 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;

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Then applicants bond executed to the adverse party in double the value of the property as stated in the affidavit. What is the purpose of the applicants bond? For the return of the property to the adverse party if the return thereof be adjudged, and for the payment of the adverse party of such sum as he may recover from the applicant in the action. This is the only provisional remedy where the applicant may ask for alternative prayer. Kung pananglitan ang imong kalo gi-kuha, ikaw ni apply ug replevin, nahuman ang kaso 10 years later. Ganahan pa ka sa kalo nga you acquired 10 years ago? So what is your alternative prayer? Pay the value plus damages. Gi-replevin ang imong tablet or laptop, nahuman ang kaso 10 years later, sus obsolete na imong laptop, so in lieu of the delivery of the laptop or computer to you, you may opt to pray for payment of the value of the property plus damages. Replevin, bond to be posted must be double the value of the property sought to be replevined. Attachment, bond is in such amount as may be fixed by the court. Injunction, bond must also be fixed by the court. Receivership, bond is not always required of the applicant and may be a sum fixed by the court in its discretion. June 29, 2012 Part 3 What is the purpose of the applicants bond? For the return of the property to the adverse party if the return thereof be adjudged; and for the payment of the adverse party for such sum as he can recover from the applicant in the action. This is the only provisional remedy where the applicant may ask for alternative prayer. Kung pananglitan you have a car, gikuha sa banko, nya ikaw ni apply ug replevin, nahuman ang kaso 10years later. Ganahan pka sa car you acquired 10 years ago? Pwde sa museum nlng hatag. What is your alternative prayer? Pay the value plus damages. Replevin ang imo tablet ug laptop, nahuman ang kaso 10 years later, sus obsolete na laptop, so in lieu of the delivery of the laptop to you, you may opt to pray for payment of the value of the property plus damage. Replevin - bond to be posted must be double the value of the property sought to be replevined.

Attachment bond is in such amount as may be fixed by the court Injunction bond must also fixed by the court Receivership bond is not always required of the applicant and shall be in a sum fixed by the court in its discretion.

Section 3. Order. Upon the filing of such affidavit and approval of the bond, the court shall issue an order and the corresponding writ of replevin, describing the personal property alleged to be wrongfully detained and requiring the sheriff forthwith to take such property into his custody. (3a) Section 4. Duty of the sheriff. Upon receiving such order, the sheriff must serve a copy thereof on the adverse party, together with a copy of the application, affidavit and bond, and must forthwith take the property, if it be in the possession of the adverse party, or his agent, and retain it in his custody. If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the building or enclosure to be broken open and take the property into his possession. After the sheriff has take possession of the property as herein provided, he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same. (4a) What is the duty of the sheriff? Pananglitan gikuha nya ang property replevined nya iya gida sa beachfront pra date sa iya uyab, then gikawat ang car, what is his criminal liability? Malversation because a property delivered by writ of replevin is property in custodia legis. By the way who issues the writ of replevin? The clerk of court. Who will issue the order? The judge and the clerk of court prepares the writ of replevin. Who will serve the writ of replevin? The Sheriff. So duty of sheriff upon receipt of order: Serve a copy on the adverse party together with the following documents: 1) application; 2) affidavit; 3) bond.
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Then most important duty, take forthwith the property. Forthwith means immediately, do not dilly dally. Kay di nimo kwaon dayon, the property might be concealed or removed, that is if it be in the possession of the adverse party or his agent. His other duty, retain the property in his custody. Supposed the personal properties concealed in a building. How will sheriff recover property? 2 things. 1st, demand delivery of the property. Should the person in possession of property refuse to deliver the property, then he can break into the building. This is a break open order. Break open, then take position. So after sheriff has taken possession of the property, he must keep it in a secure place. Di dad-on sa ila. Di dad-on sa beach. Sometimes, unsa man secure? In a bonded warehouse, if not, court premises. The sheriff will be responsible for the delivery to the party entitled thereto upon receiving his fees and necessary expenses.

He may also file a counter replevin bond, also known as redelivery bond, to the applicant. How much? Double the value of the property as stated in the applicants affidavit. What is the purpose of the counter bond? Sec. 5, for the delivery of the property to the applicant, such delivery be adjudged, and for the payment of such sum, to him as may be recovered against the adverse party. Now the law does not allow the defendant a motion to dissolve or discharge the writ of replevin on the gorund of iunsufficiency of the complaint on the gorunds he relied upon therefor. What is a bond? A bond is an obligation or undertaking in writing that is sufficient in amount. The prescription period for filing a counter replevin bond must be counted from the actual taking of the property.

Section 5. Return of property. If the adverse party objects to the sufficiency of the applicant's bond, or of the surety or sureties thereon, he cannot immediately require the return of the property, but if he does not so object, he may, at any time before the delivery of the property to the applicant, require the return thereof, by filing with the court where the action is pending a bond executed to the applicant, in double the value of the property as stated in the applicant's affidavit for the delivery thereof to the applicant, if such delivery be adjudged, and for the payment of such sum, to him as may be recovered against the adverse party, and by serving a copy of such bond on the applicant. (5a) Return of property. Suppose the bond posted by the applicant is not sufficient, then the court issued the applicant to issue sufficient bond, the applicant failed to comply with the order of the court, so the property will be returned to the original possessor.

Section 6. Disposition of property by sheriff. If within five (5) days after the taking of the property by the sheriff, the adverse party does not object to the sufficiency of the bond, or of the surety or sureties thereon; or if the adverse party so objects and the court affirms its approval of the applicant's bond or approves a new bond, or if the adverse party requires the return of the property but his bond is objected to and found insufficient and he does not forthwith file an approved bond, the property shall be delivered to the applicant. If for any reason the property is not delivered to the applicant, the sheriff must return it to the adverse party. (6a) So both requirements are mandatory. That is post redelivery bond, thats the 1st requirement. 2nd requirement, serve a copy of such bond on the plaintiff within 5 days of the taking of the officer. These requisites are mandatory.

When is the defendant entitled to the return of the property taken under a writ of replevin? 1. He seasonably posted a redelivery bond. 2. Plaintiffs bond is insufficient and he did not post a sufficient bond.
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3. Property is not delivered to plaintiff for any reason. Section 7. Proceedings where property claimed by third person. 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 such person makes an affidavit of his title thereto, or right to the possession thereof, stating the grounds therefor, and serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant, 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 third-party 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 third-party 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 the same or a separate action. 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 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)

Section 7 is 3rd party claim. This is similar to the 3rd party claim in Rule 39, third party claim in attachment. Section 8. Return of papers. The sheriff must file the order, with his proceedings indorsed, thereon, with the court within ten (10) days after taking the property mentioned therein. (8a) Return papers within 10 days from taking of property. Section 9. Judgment. After trial of the issues 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 thereof to the party entitled to the same, or for its value in case delivery cannot be made, and also for such damages as either party may prove, with costs. (9a) Sec. 9, judgment, of course, judgment after trial, the court will determine who is the owner of the property or who is in lawful possession thereof. So after trial, court shall determin who has the right for possession now and the value of the property, and shall render judgment in the alternative for example delivery of the property or its value. So the rule says, render judgment in the alternative for the delivery therof to the party entitled to the same, or for its value in case delivery cannot be made, and also for such damages as either party may prove, with costs. So again, the judgment in a replevin case, does not with finality settle the question of ownership. Section 10. Judgment to include recovery against sureties. The amount, if any, to be awarded to any party upon any bond filed in accordance with the provisions of this Rule, shall be claimed, ascertained, and granted under the same procedure as prescribed in section 20 of Rule 57. (10a) Sec. 10, Pareha ra sa previous rule. Now the plaintiff who obtains possession of the personal property via writ of replevin does not acquire absolute title thereto, nor does the defendant acquire such title by refunding the property as they only hold the property subject to the final judgment in the action.
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Then writ of replevin may be served anywhere in the Philippines. RULE 61 Support Pendente Lite Section 1. Application. At the commencement of the proper action or proceeding, or at any time prior to the judgment or final order, a verified application for support pendente litemay be filed by any party stating the grounds for the claim and the financial conditions of both parties, and accompanied by affidavits, depositions or other authentic documents in support thereof. (1a) When are you going to file an application for support pendent lite? At the commencement of the proper action or proceeding, or at any time prior to the judgment or final order. If there is already a decision in court, the defendant is now obliged to give support. Warning, this is only the provisional remedy, for the action for support which will never become final and executory. FIRE DRILL!!!!

Suppose the defendant was suspended from work and the woman won the lotto. So, defendant may file a motion either to stop or decrease the amount of support. The (appealing) time before judgment or order. Please take note of the phrase of the proper action or proceeding. What is the proper action? Action for support. This is also available in legal separation. Sometimes annulment of marriage, declaration of nullity of marriage. So support pendente lite must be filed when there is a proper action or proceeding. A and B got married. They have a child after 1 year. They decided to part ways. But during their living together as H & W, nangutang ang laki ug 500K sa babae. So pagbuwag nila, unsa man ang gi-file sa babae? Recovery of sum of money with support. Pwede? NO. Because support pendente lite must be applied in a proper proceeding. Form It must be verified under oath. Then the applicant must also state the grounds for the claim. So she may attach a birth certificate or other documents. She must also state the financial conditions of both parties. Is a trial-type hearing where parties are required to testify necessary? Not necessary. You just attach to the application or oppositionaffidavits, dispositions or other documents in support of the application. Just read Article 195 of the Family Code. Which court has jurisdiction? RTC and RTC only. Why? Because an action for support is not capable of pecuniary estimation.

Xxxxxxxxxxxxxxxxxxxxxx

Recording after FIRE DRILL Xxx And the parties can change fortunes. Remember support is based on the resources of the person obliged to give support and then needs of the person to be supported. The defendant is the manager of a big company; he is receiving 200K a month. Then he met an accident and is now jobless. So what will defendant do? Motion to stop support.

But in criminal actions where the penalty provided by law is within the jurisdiction of the MTC then MTC may entertain an application for support. CA may also grant support pendente lite. How about legal separation? Where will the children get the money? From the properties of the absolute community or the conjugal partnership.

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Remember an application for support for pendente lite does not resolve the main action for support. Thats why its called pendete litepending litigation. If the court will order the defendant to provide support, it does not necessarily follow, that after the judgment the court will directly tell him to support the woman or the child. Sec. 2. Comment. A copy of the application and all supporting documents shall be served upon the adverse party, who shall have five (5) days to comment thereon unless a different period is fixed by the court upon his motion. The comment shall be verified and shall be accompanied by affidavits, depositions or other authentic documents in support thereof. What shall the defendant do? File comment. This is urgent so 5 days to comment. Then the comment must be verified. You must also attach affidavit, dispositions, other authentic documents in support of the opposition. Sec. 3. Hearing. After the comment is filed, or after the expiration of the period for its filing, the application shall be set for hearing not more than three (3) days thereafter. The facts in issue shall be proved in the same manner as is provided for evidence on motions. Since this is urgent, when shall the court hear application? 3 days after comment or after expiration of the period to file comment. The rule says the facts and the issues shall be proved in the same manner as is provided for evidence on motions. Under evidence on motions you just attach affidavit to your positions, authentic documents, etc. You do need not personally testify. Xxx on due process the court shall allow the defendant to present evidence. Sec. 4. Order. The court shall determine provisionally the pertinent facts, and shall render such orders as justice and equity may require, having due regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the question involved. If the application is granted, the court shall fix the amount of money to be provisionally paid or such other forms of support as should be provided, taking into account the necessities of the applicant and the resources or means of the adverse

party, and the terms of payment or mode for providing the support. If the application is denied, the principal case shall be tried and decided as early as possible. There are factors to be considered in awarding support pendente lite. In Section 4 summary hearing, the court will issue an order. It shall determine provisionally the pertinent factsprovisionally because its not a resolution of the case on the merits. So court shall issue orders as justice and equity may require. What shall be taken into consideration? Probable outcome of the case and other circumstances. Duty of the court Fix the amount to be provisionally paid. Other forms of support Consider the following: necessities of the applicant and resources or means of the person obliged to give support. Kuny milyonaryo ang babae, ordinaryong tao ang lalaki, unsaon nimo nalang tawn pag support. So if the defendant is indigent, the court shall not grant the application for support. Terms of payment or mode of providing support How much per month? To whom shall it be given? The amount will be deposited with the clerk of court and its the plaintiff who will get the money from the clerk of court. Suppose the application shall be denied. What shall be done next? Trial on the merits. What is the remedy against an order granting or denying support pendente lite? Its either certiorari for grave abuse of discretion or prohibition of the court which has no jurisdiction. Order for support for pendente lite is abrogated by the dismissal of the main action. Sec. 5. Enforcement of order. If the adverse party fails to comply with an order granting support pendente lite, the court shall, motu proprio or upon motion, issue an order of execution against him, without prejudice to his liability for contempt.
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When the person ordered to give support pendente lite refuses or fails to do so, any third person who furnished that support to the applicant may, after due notice and hearing in the same case, obtain a writ of execution to enforce his right of reimbursement against the person ordered to provide such support. Rule 39 General Rule. Only final judgment and orders will be executed or implemented or support. Exceptionsupport. Because an order granting support is interlocutory but if the person obliged to give support fails to comply with all that he is ordered, then the plaintiff may file a motion for the issuance of the writ of execution against the real or personal properties of the defendant. So again, court may motu propio or upon motion, issue an order of execution without prejudice to liability or contempt. What kind of contempt? Indirect contempt. Now this is a new provisionwhen the person ordered to to give support pendente lite refuses or fails to do so, any 3rd person who furnish the support to the applicant may after due notice of hearing in the same case obtain a writ of execution to enforce his right of reimbursement against the person ordered to provide the support. Three persons are involvedPablo, John and Faith. Si Faith duha iya uyabsi Pablo ug si John. Namapdos si Faith. Ingon siya ang author ani si John. So Faith filed an action for support with support pendente lite. The judge granted the application: John, you give monthly support. Unya wa man ni bayad si John. Si Pablo, na na inlove gyud siya ni Faithako lang ang support nimo(Hahaha) What is the remedy of Pablo so he will be reimbursed? He will file a motion for the issuance of a writ of execution so that the personal and real properties of John will be sold in a public auction, the proceeds of which will be applied to the amount to be reimbursed. So writ of execution to enforce the right to reimbursement. Order granting support pendente lite is executory although interlocutory. Then supplemental proceedings which we have under Sections 36 to 38like garnishment or have the party and be directed by the court to explain why he concealed his property. Sec. 6. Support in criminal cases. In criminal actions where the civil liability includes support for the offspring as a consequence of the crime and the civil aspect thereof has not been waived, reserved or instituted prior to its filing, the accused may be ordered to provide support pendente lite to the child born to the offended

party allegedly because of the crime. The application therefor may be filed successively by the offended party, her parents, grandparents or guardian and the State in the corresponding criminal case during its pendency, in accordance with the procedure established under this Rule. In criminal actions where civil liability includes support for the offspring. As a consequence of the crime and the civil aspect thereof has not been waived, reserved or instituted, the accused may be ordered to provide support pendente lite. Sec. 7. 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, 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. Should the recipient fail to reimburse said amounts, the person who provided through same may likewise seek reimbursement thereof in a separate action from the person legally obliged to give such support. Section 7 is interesting. Supposetapos ang kaso, main case. The court rendered a judgmentJohn is not the father. Pero si John sigi siyag bayad ug support kada buwan. Ni abot na gud ug 500K. So what is the remedy of John?Ask for resititution for the amount given by way of support plus damages. Suppose ang plaintiff cannot pay restitution. Section 7 sayswithout prejudice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliged to give the support. And the court found na di si Johnsi Pablo man diay. Unya di man kabayad si Faith? Anhi siya mu proceed against Pablo. The rule says should the recipient fail to reimburse the amount the person who provided through same may likewise seek reimbursement thereof in a separate action from the person legally obliged to give such support. Support pendente lite is proper in the following: Adultery Annulment of marriage Xxx (Prof stops for a loooooong time) Are there other provisional remedies not found in the Rules of Court? SC said yes. Deposit is also a provisional remedy. //End
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