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GABRIELLE CHRISTINE FAGEL JARAMILLO

PROVISIONA WHEN APPLICABLE/GROUNDS PRINCIPAL ACTION


L REMEDIES
-To have the property of the adverse party attached as security for the Attachment is in the nature of proceeding quasi in rem although sometimes
referred to as an actionin rem
satisfaction of judgment that may be recovered in cases falling under
There are only specific situations where preliminary
Section 1, Rule 57
attachment may issue:
-Sufficient cause of action
(a) Action for recovery of a specified amount of money or damages,
-No other sufficient security for the claim exists EXCEPT moral and exemplary,
Amount due to applicant or value of property he is entitled to recover (1) on a cause of action arising from law, contract, quasi-contract,
is equal to the sum for which the order of attachment is granted delict, or quasi-delict
(2) against a party who is about to depart from the Philippines with
intent to defraud his creditors;
(b) Action for money or property, embezzled or fraudulently
Rule 57- misapplied or converted to his own use by either:
Preliminary (1) a public officer, an officer of a corporation, an attorney, factor,
broker, agent, or clerk, in the course of his employment as such,
Attachment
(2) OR by any other person in a fiduciary capacity, or for a willful
violation of duty;
(c) 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) 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) Action against a party who has removed or disposed of his
property, or is about to do so, AND with intent to defraud his
creditors; or
(f) Action against a party who does not reside and is not found in the
Philippines, OR on whom summons may be served by publication.
1. 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/acts complained of, or in requiring the
performance of an act or acts either for a limited period or
perpetually (Complaint needs to be verified if the application for In an action requiring a party or a court, agency or a person to
Rule 58-
preliminary injunction is already included therein) refrain from a particular act or acts. It may also require the
Preliminary 2. That the commission, continuance or non-performance of the performance of a particular act or acts.
Injunction act or acts complained of during the litigation would probably
work injustice to the applicant
GABRIELLE CHRISTINE FAGEL JARAMILLO
3. 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.
1. 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;
2. 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
Rule 59- injured, and that its
Receivership value is probably insufficient to discharge the mortgage debt, or that the parties
have so stipulated in the contract of mortgage; In actions for foreclosure of mortgage
3. After judgment, to preserve the property during the pendency of an appeal, or
to dispose of it according to the judgment, or to aid execution when 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;
4. 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.
(1) A party praying for the provisional remedy must file an application for a writ
of replevin. His application must be filed at the commencement of the action or at
any time before the defendant answers, and must contain an affidavit particularly
describing the property to which he is entitled of possession.
Rule 60- (2) The affidavit must state that the property is wrongfully detained by the adverse
Replevin party, alleging therein the cause of the detention. It must also state that the In action for recovery of possession of personal property
property has not been destrained or taken for tax assessment or a fine pursuant to
law, or seized under a writ of execution or preliminary attachment, or otherwise
placed in custodia legis. If it has been seized, then the affidavit must state that it is
exempt from such seizure or custody.
(3) The affidavit must state the actual market value of the property; and
(4) The applicant must give a bond, executed to the adverse party and double the
value of the property.
GABRIELLE CHRISTINE FAGEL JARAMILLO
Rule 61- Support pendente lite may be filed by any party stating the grounds for In an action to compel adverse party to provide support while
Support the claim and the financial conditions of both parties, and action is pending in court
Pendente Lite accompanied by affidavits, depositions or other authentic documents
in support thereof