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PROV REM

1. rules 65 and rule 45


2. Provisional does not imply something that is
permanent, final. Temporary lang to. It implies
preliminary.
3. What is the nature of prov rem remedy in the mean
time! In the mean time the main action is beig
litigated. In the mean time the main action has not
been resolved
4. Prov remedy is not a cause action of itself.
5. Prov rmedy not an independent action
6. It depends upon a main action before it can be
used!!!!!!!!!!! So you cannot file actionfor prelim
attachment
7. Cannot file prelim action, support pendent lite KASI
PROV REM TO
8. If you have principal contract and you have
accessory contract, this is real estate mortgage, this
is chattel mortgage, surety, pledge. Involing
collaterals or secutiy. They are only accessory
contracts. Depends upon existence of contract of
loan.
9. Pag contract of guaranty and surety, accessory
contract. Contract of loan
10. Before court finally resolves, Within 5 days from
filing of complaint, you can file a motion where you
can ask a writ of preliminary injunction so you will be
restored to your possession. (Section 15, rule 70) --Temporary relief
11. When you file action for supportpunta ka family
court pero if wala, rtc! Action for support at the
mean time, wala ka money. But here comes prov
remedies ask for support in the meantime
SUPPORT PENDENTE LITE
12. But this is not final. Pwede kunyari bawiin.

13. Prove rem : Preliminary attachment, preliminary


injunction, receivership, replevin, support pendente
lite. Rule 57 61
14. There are some prov in rules which are in the
nature of prov rem but not included. Example rule 99
special proceedings. Adoption, custody of minor.
Temporary custody of minors. Where husband and
wives are not living together.; visitation rights prov
rem ito.
15. Neumeration in rule 57-61 are far from being
exclusive
16. Reyes vs lim : sale of a land1.28M pesos. Buyer
gave downpayment. Assuming there was a perfected
sale. Downpayment earnest money. He did not pay
the rest . pay pon ejecting tenants. Wala pa
ejectment ng tenants. Nagkaron ng collusion sa
tenants. Ginawa ng seller, nag negotiate ng bagong
buyer. Nadiskubre ng first buyer. File ng alternative
action of annulment of contract or rescission. When
you file, merong obligation of restitution. Remedy :
DEPOSIT. Nagbibiro ba tong plaintiff nato! Meron ba
deposit na prov rem. Particular circumstance in
the case. in the exercise of equity jurisdiction
Preliminary attachment
1. what do you attach? Property
2. whose property? Property of adverse party
3. who is this adverse party? Necessarily the
defendant? Overtime it is. But the adverse party
need not be the defendant. Plaintiff or other
property
4. Even defendant can file prelim attachment when
he filed cc, crossclaim,third party complaint in
counterclaimant.
5. Why do you have to file application of issuance of
prelim attachment? TO SECURE a future
judgment.

6. The judgement is : Defendant has to pay plus


damages. Rules on exec.
7. When you file an action , you can avail a write of
prelim attachment so his proerpties can be under
custody of court
8. You can ask it before entry of judgement!
9. Entry of judgemen t- when clerk of court enters
dipositive portion of judgement. date of entry is
the date of finality of judgement
10.
Do I have to apply application? YES!
11.
Pwede ba isabay sa complaint ? Pwede
basta under oath
12.
Pwede in form of motion? Yes.
13.
Can a court issue of prelim attach even
before summons is given upon defendant? Yes.
14.
Writ of prelim before ex parte!
15.
Pwede or walang hearing.
16.
Kahit may write di pwede I enfoce hanggat
walang jurisdiction over person
17.
Section 5 of rule 67 if meron writ and you
want it to be implemented, its implementation
kaylangan sa summons or simultaneously.
18.
Manila vs CA
a. There are three steps involved here in
implementation of prelim attachment
issuance of the order
b. Issuance of writ pursuant to the order
c. Implementation or enforcement
d. Jurisdiction over defendant is important in
the third step.
19.
You cannot enforce write without jurisdiction
over defendant.

20.
Are there jsutifications mentioned by rules
so you need not to comply in simultateneous
rule .. YES
a. Cannot be served in person
b. Substituted service
c. Out of PH
d. Non resident or outside of PH
21.
As much as possible, follow rules!
22.
Can a writ of prelim attachment be issued
even without jurisdiction over defendant ? YES
BUT IT CANNOT BE IMPLEMENTED without
jurisdiction voer defendant
23.
Can we ask for prelim attach in ALL CASES
that we filed? No independent action of prelim
attachment. Attach lang to sa main case.
24.
6 casuses of action where you could ask for
prelim attachment
25.
there are 4 major causes of action only.
26.
Recovery of money, recovery of damages,
recovery of propertymain causes of action. But
there is one causes of action that does not fall
with these. Actions aainst non residents who are
out of PH and upon whom summons publication
may be served.
27.
Is a write of prelim under these
cirucmatances?
28.
Insolvency is not a ground! For prelim
attachment
29.
Being a foreigner is not a ground! For writ of
prelim
30.