Definition

PRELIMINARY ATTACHMENT Attachment of property for satisfaction of judgment in following cases: 1. Recovery of specified amount or damages (not moral or exemplary) on cause of action arising from law, contract, delict, uasi!contract, uasi! delict, against party who is a"out to depart with intent to defraud #. Action for money$property em"e%%led or fraudulently misapplie "y person acting in fiduciary capacity &. Re!o"e#$ of property fraudulently ta'en, detained, converted, when it has "een concealed, removed, etc. to prevent it "eing found or ta'en (. Action against party guilty of f#au in incurring$performing de"t or o"ligation ). Against party who has #emo"e $disposed of property to defraud creditors *. Action against non! #esi ent or person summoned via pu"lication %NON&Resi ent 'ARMR( +laintiff Any +roper +arty

PRELIMINARY INJUNCTION +reliminary p#o)i*ito#$ injunction ! re uires court, person, agency, or court to refrain from performing particular act$s +reliminary man ato#$ injunction ! re uires performance of particular act Re uisites 1. ,nvasion of right is material and su"stantial #. Right of the complainant is clear and unmista'a"le &. -rgent and paramount necessity for writ to prevent serious damage +ROUNDS: 1. Applicant entitled to relief and part of relief involves restraining or enforcing act #. .mission$/ontinuance will wor' injustice on applicant &. +arty, agency, etc attempting to do some act pro"a"ly in violation of right of applicant respecting su"ject of action, and tending to render judgment ineffectual Can't lie if act already consummated, unless nature is continuing. +laintiff (2)

RECEIVERSHIP .rder for preservation of property su"ject matter of dispute +ROUNDS: 1. Applicant has interest and such property is in danger of "eing lost, removed, or injured, unless a receiver is appointed #. Action "y mortgagee for foreclosure is in danger of "eing dissipated or materially injured and value pro"a"ly insufficient0 .R when parties stipulated in 1 of mortgage &. After judgment to preserve property or to dispose of it, or to aid execution (. .ther cases where appointment is most convenient and feasi"le means of preserving, administering, or disposing property in litigation

REPLEVIN .rder which delivers personal property to the applicant

SUPPORT PENDENTE LITE .rder which grants support to applicant during pendency of action

,)o applies

+laintiff (2)

+arty praying for recovery of possession of personal property (even counter!

Any party in proceeding for support, or where one of reliefs sought is

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,)en a"aila*le

At commencement or Any time "efore entry of judgment

Any stage, prior to judgment or final order

Any stage even after judgment. ,f .3 A++4A5, appellate court allows application to "e made with court of origin +roperty su"ject of action in danger of "eing lost ;oesn<t include property in custogia legis

claimant) At commencement or Any time 647.R4 answer

support At commencement or Any time "efore 7inal judgment

P#ope#t$ in"ol"e

Any property except those exempt from execution (see Rule &8) 3ot necessarily the property which is the su"ject matter9 :ay even "e property under custogia legis 4xclude property 4x +arte or on :otion and =earing A3; +reliminary or 7inal 1. Affidavit (sufficient /.A, falls under >ec.1, no other sufficient security, amount due is sum for which order is granted) #. 6ond

3one

+ersonal property su"ject of dispute capa"le of manual delivery /an<t "e property under custogia legis

-in s issue

+reliminary or 7inal

+reliminary (Ancillary) or 7inal

Re.ui#ements

1. ?4R,7,4; application #. 6ond (may exempt though)

1. ?4R7,4; application #. 6ond (&. Additional "ond discretionary)

1. Affidavit (applicant is owner and entitled to possession, property wrongfully detained, cause of detention to "est of his 'nowledge,info,"elief, property not distrained or under custogia legis, actual mar'et value) #. 6ond

1. ?4R,7,4; application stating grounds for application, financial conditions, accompanied "y depositions or other authentic documents in support thereof

A#e noti!e an )ea#in/ #e.ui#e fo# issuan!e0

3.. ,t may "e issued ex parte so it<s not necessary.

@4>9 AR. for #B days upon noti!e ! great or irrepara"le injury0 court must order party to show cause why injunction shouldn<t "e granted (summary hearing) E1!eption: AR. issued 4C +ARA4 effective D# hours from

@es. /opy of application and supporting documents served on adverse party who shall /.::43A within ) days after service. /omment verified After comment filed or after ) days lapsed, court sets hearing not more than ) days.
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2on

%amount(

Pu#pose of *on

Amount ordered "y the court, not more than +ays costs and damages adverse party may sustain "ecause of writ (limit to actual damages "ut moral and exemplary allowed when attachment was malicious) 3. other judicial costs except those arising from attachment Amount fixed in order (exclusive of costs) or ?alue of property attached (if particular property is attached, it must "e value of that property) 3ote: deposit also allowed >ecures payment of any judgment that applicant may recover ;epends what 'ind of property is attached (whether real, personal, de"t$credit, stoc's$shares, interest in estate) @.- :->A >4R?4 >-::.3> .3 A=4 ;4743;A3A, along with complaint, application for attachment, affidavit, and "ond

issuance ! extreme urgency and grave irrepara"le injury (summary hearing within D#hrs, as well as notice and service of summons)0 total effectivity can<t go "eyond #B days, including D# hours Amount fixed "y the court +ay other party all damages he may sustain "y reason of injunction or AR. if court decides applying party wasn<t entitled

+rove facts as in hearing for granting of motion

Amount fixed "y the court +ay other party all damages he may sustain "y reason appointment of receivership if court decides applying party wasn<t entitled

;ou"le value of personal property to "e sei%ed 7or return of property if so ordered and payment to adverse party for sums recovera"le from applicant

3one usually

Counte#&*on %amount(

Amount fixed "y the court

Amount fixed "y the court

;ou"le value of property

Pu#pose of !ounte#& *on

+ayment for damages which applicant may suffer "y the denial or dissolution of injunction ,f application of writ or AR. included in initiatory pleading, raffling in multiple sala court only after notice and in presence of adverse party. 3otice preceded "y or along with >-::.3>, complaint, affidavit, "ond. 4xception to summons: 1. /an<t "e served even

+ayment for damages which applicant may suffer "y the denial or dissolution of appointment >heriff serves copy to adverse party, together with application, affidavit, and "ond. >heriff ta'es property in his custody (may even "rea' into place where thing "eing concealed after pu"lic demand) and 'eeps it in safe place ;45,?4R@ A. A++5,/A3A within ) days after ta'ing ,f party fails to comply with order, court shall motu propio or on motion, issue order of execution against him without prejudice to his lia"ility for contempt ,f &rd party gives support instead, such party may o"tain order of execution for reim"ursement upon notice and hearing

Enfo#!ement of 3#it

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4xception to >ummons: 1. /an<t "e served personally or "y su"stitution despite diligent effort #. ;efendant resident temporarily a"sent &. ;efendant non! resident (. Actions in rem, or uasi in rem ,f &rd party involved, serve party with writ and notice 3.A4: ,f a counter!"ond or deposit is given when sheriff attaches, he cannot attach anymore

with diligence #. Resident temporarily a"sent &. 3on!resident Appli!ation fo# TEMPORARY RESTRAININ+ ORDERS & acted upon only after all parties heard in summary hearing conducted within #( hours after cler' receives sheriff<s return or receives documents after raffle 4ffectivity of AR.: 5ower /ourt: #B days (except if extended on different grounds from grounds upon issuance) /A: *B days >/: effective till further orders 6ond must "e served "y applicant on other party

of property: 1. Adverse party doesn<t o"ject to sufficiency of "ond #. Adverse party o"jects "ut court overrules &. Redelivery "ond o"jected too and found insufficient ,f property not delivered to applicant, sheriff must return.

Dut$ of S)e#iff A'TER enfo#!ement Dis!)a#/e4Dissol"e

:a'e return to issuing court >erve copies to applicant 1. /ounter!"ond or deposit (>ec. 1#) ;ue notice and hearing re uired, on :.A,.3 7ile counter!"ond or give cash deposit to cler' #. Attachment improperly issued, 3o ground for attachment, affidavit$"ond insufficient or defective &. Attachment excessive "ut limit discharge to excess ?4R,7,4; :.A,.3 7.R ;,>>.5-A,.3 1. /omplaint insufficient #. ;efendant posts counter!"ond, it appearing he would sustain great damages while plaintiff can "e compensated &. 6ond insufficient or defective (. ,f it<s too great, it may "e modified 1. Appointment without sufficient cause #. Adverse party files sufficient "ond to answer for damages &. 6ond is insufficient (. 6ond of Receiver insufficient ). E=43 34/4>>,A@ .7 R4/4,?4R 3. 5.3F4R 4C,>A>: ;etermined on :.A,.3 or motu propio

7ile order with proceedings indorsed, with court within 1B days after ta'ing of property 1. Redelivery "ond is posted and copy served on plaintiff within ( days from ta'ing #. Applicant<s "ond found insufficient and he doesn<t replace it with proper "ond &. +roperty not delivered to plaintiff for any reason

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(. +roperty attached is exempt ,n &, (, ), there must "e motion and hearing, and "urden of proof is on attaching creditor to sustain writ ). Gudgment is rendered against attaching creditor -pon discharge, return property to person ma'ing deposit or his rep, and the deposit$counter "ond shall stand in place of attached property +erson ma'es A77,;A?,A of title or right to possess, states grounds, and serves it upon sheriff and o"ligee 3. "ond 6ond approved given "y court to indemnify &rd party given "y attaching creditor >heriff >heriff 'eeps not "ound property to 'eep the property Action for damages "y &rd party for 'eeping the property must "e filed within 1#B days from date of filing of "ond ,f &rd party made a frivolous claim, he can "e sued for damages in same or separate action
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). 3o more need for such injunction

3otice and =earing 7unds$+roperty delivered to person entitled Reciever discharged and paid reasona"le compensation (losing party pays or apportioned)

P#o!ee in/ 3)e#e p#ope#t$ !laime *$ 5# pe#son

+erson ma'es A77,;A?,A of title or right to possess, states grounds, and serves it upon sheriff and o"ligee 3. "ond 6ond approved given "y court to indemnify &rd party given "y attaching creditor >heriff >heriff 'eeps not "ound property to 'eep the property Action for damages "y &rd party for 'eeping the property must "e filed within 1#B days from date of filing of "ond ,f &rd party made a frivolous claim, he can "e sued for damages in same or separate action
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Satisfa!tion of Ju /ment

,f writ issued in favor of Repu"lic or representative, filing of 6.3; not re uired. ,f sheriff sued for damages, >.5F43 represents him. ,f lia"le, damages should "e paid "y 3ational Areasurer >heriff gives money from previous sale to creditor. ,f not enough, sheriff >455> the property to give to the creditor. =e also collects de"ts, credits, etc from &rd party and turns them over to the creditor (he doesn<t turn over the property per se) ,f there is excess, sheriff returns such -+.3 R4A>.3A654 demand >urety$ies on counter! "ond "ecome "ound to pay creditor upon demand, with notice and hearing ,f he gave deposit, it must "e returned to him. ,f property was attached, return it to him or proceeds from sales of such property E=43 A. 7,54: 1. 6efore trial #. 6efore appeal perfected &. 6efore judgment "ecomes executory :ay "e made: 1. 6y counterclaim #. .n motion during proceedings

,f writ issued in favor of Repu"lic or representative, filing of 6.3; not re uired. ,f sheriff sued for damages, >.5F43 represents him. ,f lia"le, damages should "e paid "y 3ational Areasurer /ourt orders delivery of property or ;elivery of value of property in case delivery can<t "e made ;amages granted also

If a "e#se pa#t$ 3ins %NOT t)e atta!)in/ pa#t$(

Return property to de"tor

DAMA+ES fo# imp#ope#6 e1!essi"e6 i##e/ula# appli!ation

R4>A,A-A,.3: Recipient returns amounts already paid with legal interest from the dates of actual payment, without prejudice to the right of the recipient to o"tain reim"ursement in a separate action from the person legally o"liged to give the support.
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3.A,/4 to: 1. Attaching o"ligee #. ."ligee<s sureties ! Ehere surety was not notified and judgment "ecame final, surety is released
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;amages awarded only upon =4AR,3F, and will "e included in judgment on main case ,f creditor wins in trial court, then on appeal, the de"tor wins (the one whose property was attached), de"tor must claim damages sustained during pendency of appeal "efore appellate court, with 3.A,/4 to attaching party "efore judgment "ecomes executory ,f "ond not enough, other party can recover damages in same action 3ote: +rocedure is 4C/5->,?4. ;amages can only "e su"ject of an independent action when: 1. +rincipal case dismissed for lac' of jurisdiction without de"tor "eing given chance to prove his claim #. &rd party sustains damages "ecause of attachment NOTES7 3.A4: ,n R4+54?,3, this is & >tages: 1. /ourt issues order #. Erit issued &. Erit implemented ! court ac uired jurisdiction over defendant already, otherwise, court has no authority ,f R4A5 property is "eing attached, file copy of order, description and notice with registry of deeds ,f >A./1>$>=AR4>, ;46A>$/R4;,A>, this garnishment9 /ourt ac uires jurisdiction over garnishee upon service of notice and he "ecomes forced intervenor. =e holds property su"ject to ultimate disposition "y the court (>ec. H). 3ote that >ec. 1B only applies garnishee admits property "elongs to defendant. ,f garnishee doesn<t admit defendant is owner, resolve in ,3;4+43;43A action +roperty attached may "e >.5; prior to judgment of case if goods are
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>hould the recipient fail to reim"urse said amounts, the person who provided the same may li'ewise see' reim"ursement thereof in a separate action from the person legally o"liged to give such support.

availa"le to "oth the "ond and recovery "ond9 Gurisdiction of /7, to RECEIVER8S DUTIES7 restrain acts "y writ of 1. 6efore performing injunction is limited to duties, he must swear those "eing or a"out to oath "e committed within its territorial jurisdiction9 #. 7ile "ond +; *B): 3o /.-RA of the +hils. :ay issue injunction in case involving issuance, dis$approval etc. "y proper administrative official or "ody of concessions, licenses, permits, patents, pu"lic grants in connection with development$exploitation of natu#al #esou#!es +; &H): 3o injunctions against government foreclosures 5./F.?: 3o injunction against government infrastructure projects, except if issued "y >/ F434RA5 +.E4R> of receiver: 1. 6ring and defend, in such capacity, actions in his own name0 #. Aa'e and 'eep possession of the property in controversy0 &. Ao receive rents0 (. Ao collect de"ts due to himself as receiver or to the fund, property, estate, person, or corporation of which he is the receiver0 ). Ao compound for and compromise the same0 *. Ao ma'e transfers0 D. Ao pay outstanding de"ts0 H. Ao divide the money and other property that shall remain among the persons legally entitled to receive the same0 and 8. Fenerally to do such acts respecting the property as the court may authori%e. funds in the hands of a

/riminal cases ! application for support allowed also

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perisha"le or if interests will "e su"served "y the sale

receiver may "e invested only "y order of the court upon the written consent of all the parties to the action. 3o action may "e filed "y or against a receiver without leave of the court which appointed him +-3,>=:43A for people who don<t deliver property to receiver: 1. 5ia"le for value #. /ontempt &. ;amages

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