Rule 57 Rule 58 Rule 59 Rule 60 Rule 61

Preliminary Attachment Preliminary Injunction Receivership Replevin Support Pendente Lite

Purpose To have the property of the
adverse party attached as
security for the satisfaction of
any judgment that may be
recovered in cases falling
under Rule 57 Section 1.
Who may file? 1. Plaintiff or
2. any proper party (Sec. 1)
When 1. At the commencement of
applied/granted the action; or
2. at any time before entry of
judgment (Sec. 1)
From Commencement to
before entry of judgment
Preliminary prohibitory To place the property or fund Recovery of Possession of To compel adverse party to
injunction is a provisional subject of an action or personal property provide support while action is
remedy requiring a party or a proceeding under the control pending in court
court, agency or a person to of a third party for its
refrain from a particular act or preservation and
acts. administration litis pendentia
Preliminary mandatory
injunction is a PR requiring
the performance of a
particular act or acts (R58, S1)
Applicant Applicant who may be: Applicant praying for the
1. a person who has interest recovery of possession of
in a property that is in danger personal property
of being lost, removed or
materially damaged;
2. mortgagee in a foreclosure
3. judgment creditor
4. litigant
At any stage of an action or At any time prior to the At the commencement of At the commencement of the
proceeding prior to the satisfaction of judgment action or at any time before PROPER ACTION or
judgment or final order. answer proceeding or at any time prior
Commencement until prior to to the judgment or final order
From commencement until the satisfaction of judgment Commencement until before
prior to the judgment or final answer Commencement until prior to
order the judgment or final order

How applied for? 1. Affidavit; and 1. Verified Application; and 1. Verified Application; and 1. Affidavit; and 1. Verified Application may be
2. Bond (Sec. 3) 2. Bond 2. Bond 2. Bond filed by any party.
Affidavit vs. Affidavit is an ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths , about facts which the affiant
Verification either knows of his personal knowledge or is aware of to the best of his knowledge.

Verification is necessary only when the law or rule specifically requires it. Verification contains a statement that an affiant has read the pleading, that he has
caused the preparation of said pleading and that the allegations therein are true and correct based on authentic records and of his personal knowledge.
Who may grant An order of attachment may A preliminary injunction may Upon a verified application, Only in the court where the
be issued either ex parte or be granted by the court where one or more receivers of the action is pending. Note that it
upon motion with notice and the action or proceeding is property subject of the action should be filed before answer!
hearing by: pending including: or proceeding may be
appointed by:
1. the court in which the 1. RTC
action is pending, or 2. CA or any member thereof 1. the court where the action

Provisional Remedies Comparison Table by Yna Bote (2014)

Updated by: Bianca Cezar (2015)
 Rule 57
Preliminary Attachment
2. by the Court of Appeals; or
3. the Supreme Court even if
action is pending in the lower
court (Sec. 2)
Requisites for 1. affidavit of the applicant, or
granting application of some other person who
personally knows the facts
(1) Affidavit/Verified
Application 2. sufficient cause of action
exists
3. the case is one of those
mentioned in Rule 57, sec. 1
In an action:
(a) 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 with
intent to defraud his creditors;
(b) 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,
Provisional Remedies Comparison Table by Yna Bote (2014)
Updated by: Bianca Cezar (2015)
Rule 58
Preliminary Injunction
3. SC or any member thereof
(R58, S2)
4. Sandiganbayan
5. CTA
1.Verified application showing
facts entitling the applicant to
the relief demanded and
2. 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;
(c) commission, continuance
or non-performance of the act
or acts complained of during
the litigation would probably
work injustice to the
applicant; or
(d) 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
Rule 59
Receivership
is pending;
2. CA or any member thereof
3. SC or any member thereof
even if the action is pending in
the lower court. The appellate
court may allow the
application for receivership be
decided by the court of origin
and the receiver appointed
shall be subject to the control
of the said court of origin.
1. Verified application showing
that:
(a) 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) 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
Rule 60 Rule 61
Replevin Support Pendente Lite
1. Affidavit of the applicant or By filing a Verified application
some other person who for support:
personally knows the facts
that: (1) stating the grounds for the
claim and
(a) The applicant is the owner (2) financial conditions of both
or entitled to the possession of parties, and
(3) accompanied by affidavits,
the property, particularly
depositions or other authentic
describing it;
documents in support thereof
(b) 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 ;
(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
 Rule 57 Rule 58 Rule 59 Rule 60 Rule 61
Preliminary Attachment Preliminary Injunction Receivership Replevin Support Pendente Lite

factor, broker, agent, or clerk,
in the course of his
employment as such, or by
any other person in a fiduciary
capacity, or for a willful
violation of duty;
(c) 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) 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) against a party who has
removed or disposed of his
property, or is about to do so,
with intent to defraud his
creditors; or
respecting the subject of the mortgage debt, or such seizure or custody; and
action or proceeding, and
tending to render the that the parties have so (d) The actual market value of
judgment ineffectual. (3a) stipulated in the contract of the property.
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;
(d) 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.

(f) against a party who does

not reside and is not found in
the Philippines, or on whom
summons may be served by
publication. (1a) (Rule 57 Sec.
1)

4. there is no other sufficient

security for the claim sought
to be enforced by the action

Provisional Remedies Comparison Table by Yna Bote (2014)

Updated by: Bianca Cezar (2015)
 Rule 57 Rule 58 Rule 59 Rule 60 Rule 61
Preliminary Attachment Preliminary Injunction Receivership Replevin Support Pendente Lite

5. 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.
(Sec. 3)

(2) Bond A bond executed to the adverse party in the amount fixed by the court in its order granting the bond executed to the adverse No bond requirement
Requirement issuance of the writ, conditioned that the latter will pay all the costs which may be adjudged to party in double the value of
the adverse party and all damages which he may sustain by reason of the provisional remedy, if the property as stated in the
the court shall finally adjudge that the applicant was not entitled thereto. (R57S4) Unless affidavit aforementioned, for
exempted by the court (R58S4b) The court may, in its discretion, at any time after the the return of the property to
appointment, require an additional bond as further security for such damages (R59S2) 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.
Additional Bond to Requisites where property is Requisites where property is
Requirement where claimed by third person claimed by third person
property is claimed
by third person. 1. If the property attached is
claimed by any person other 1. If the property taken is
than the party against whom claimed by any person other
attachment had been issued than the party against whom
or his agent; and the writ of replevin had been
issued or his agent, and
2. such person makes an
affidavit of his title thereto, or 2. such person makes an
right to the possession thereof, affidavit of his title thereto, or
stating the grounds of such right to the possession thereof,
right or title; and stating the grounds therefor,
and
3. serves such affidavit upon
the sheriff while the latter has 3. serves such affidavit upon
possession of the attached the sheriff while the latter has
property, and a copy thereof possession of the property and
upon the attaching party a copy thereof upon the

Provisional Remedies Comparison Table by Yna Bote (2014)

Updated by: Bianca Cezar (2015)
 Rule 57 Rule 58 Rule 59 Rule 60 Rule 61
Preliminary Attachment Preliminary Injunction Receivership Replevin Support Pendente Lite

Effect: The sheriff shall not applicant

be bound to keep the property
under attachment, unless the Effect: the sheriff shall not be
attaching party or his agent, bound to keep the property
on demand of the sheriff, shall under replevin or deliver it
file a bond approved by the to the applicant unless the
court to indemnify the third- applicant or his agent, on
party claimant in a sum not demand of said sheriff, shall
less than the value of the file a bond approved by the
property levied upon. In case court to indemnify the third-
of disagreement as to such party claimant in a sum not
value, the same shall be less than the value of the
decided by the court issuing property under replevin as
the writ of attachment. provided in section 2 hereof.
In case of disagreement as to
No claim for damages for the such value, the court shall
taking or keeping of the determine the same.
property may be enforced
against the bond unless the No claim for damages for the
action therefor is filed within taking or keeping, of the
one hundred twenty (120) property may be enforced
days from the date of the filing against the bond unless the
of the bond. The sheriff shall action therefor is filed within
not be liable for damages for one hundred twenty (120)
the taking or keeping of such days from the date of the filing
property to any such third- of the bond. The sheriff shall
party claimant, if such bond not be liable for damages, for
shall be filed. Nothing herein the taking or keeping of such
contained shall prevent such property, to any such third-
claimant or any third person party claimant if such bond
from vindicating his claim to shall be filed. Nothing herein
the property, or prevent the contained shall prevent such
attaching party from claiming claimant or any third person
damages against a third-party from vindicating his claim to
claimant who filed a frivolous the property, or prevent the
or plainly spurious claim, in applicant from claiming
the same or a separate action. damages against a third-party
claimant who filed a frivolous
a. When the writ of or plainly spurious claim, in
attachment is issued in

Provisional Remedies Comparison Table by Yna Bote (2014)

Updated by: Bianca Cezar (2015)
 Rule 57 Rule 58 Rule 59 Rule 60 Rule 61
Preliminary Attachment Preliminary Injunction Receivership Replevin Support Pendente Lite

favor of the Republic of the the same or a separate action.

Philippines, or any officer
duly representing it, the a. When the writ of replevin
filing of such bond shall not be is issued in favor of the
required; and Republic of the Philippines,
or any officer duly
b. in case the sheriff is sued representing it, the filing of
for damages as a result of the such bond shall not be
attachment, he shall be required, and
represented by the Solicitor
General, and if held liable b. in case the sheriff is sued
therefor, the actual damages for damages as a result of the
adjudged by the court shall be replevin, he shall be
paid by the National Treasurer represented by the Solicitor
out of the funds to be General, and if held liable
appropriated for the purpose. therefor, the actual damages
(14a) adjudged by the court shall be
paid by the National Treasurer
out of the funds to be
appropriated for the purpose.
(7a)
Discharge of By counter-bond: Party against whom the provisional remedy is availed of, may move for the discharge of the provisional remedy Not Applicable
Provisional Remedy granted by filing a counter-bond in an amount equal to that fixed by the court or equal to the value of the property if with respect
to a particular property to secure the payment of any judgment that the adverse party may recover in the action(R57S12)
Cash deposit may be made in Additional Requirement: Additional Requirements:
lieu of the counter-bond It appears after hearing that Amount of counter-bond
although the applicant is should also be double the
entitled to the injunction or value of the property just like
restraining order, the issuance the Replevin Bond
or continuance thereof, would:
1. cause irreparable damage to
the party or person enjoined
2. while the applicant can be
fully compensated for such
damages as he may suffer.
Other grounds for 1. If attachment is excessive, 1.Insufficiency of application If it is shown that the
discharge of discharge only limited to the (ground for denial) appointment of the receiver
provisional remedy excess 2. Extent of PI or TRO is too was obtained without
2. Improper or irregular great, it may be modified sufficient cause.
issuance or enforcement or 3. Improper or irregular
insufficiency of the bond issuance or enforcement or

Provisional Remedies Comparison Table by Yna Bote (2014)

Updated by: Bianca Cezar (2015)
 Rule 57 Rule 58 Rule 59 Rule 60 Rule 61
Preliminary Attachment Preliminary Injunction Receivership Replevin Support Pendente Lite

insufficiency of the bond

(ground for discharge)
Claim for damages Application for damages on account of improper, irregular or excessive attachment Restitution. When the
judgment or final order of the
1. must be filed before the trial or before appeal is perfected or before the judgment becomes executory, court finds that the person
who has been providing
2. with due notice to the attaching party and his surety or sureties support pendente lite is not
liable therefor:
3. setting forth the facts showing his right to damages and the amount thereof.

4. Such damages may be awarded only after proper hearing and (1) It shall order the recipient
thereof to return to the former
5. shall be included in the judgment on the main case. the amounts already paid with
legal interest from the dates
Or of actual payment, without
prejudice to the right of the
recipient to obtain
reimbursement in a separate
If the judgment of the appellate court be favorable to the party against whom the attachment was issued he must claim action from the person legally
damages sustained during the pendency of the appeal by obliged to give the support.
1. filing an application in the appellate court,
(2) Should the recipient fail to
2. with notice to the party in whose favor the Provisional Remedy was issued or his surety or sureties, reimburse said amounts, the
person who provided the same
3. before the judgment of the appellate court becomes executory. may likewise seek
reimbursement thereof in a
4. The appellate court may allow the application to be heard and decided by the trial court. separate action from the
person legally obliged to give
such support.
If the bond or deposit given by the party in whose favor the provisional remedy is granted be insufficient or fail to fully
satisfy the award

1. The party against whom the attachment was issued may recover in the same action the damages awarded to him from any
property of the attaching party not exempt from execution (R57, S20)

Provisional Remedies Comparison Table by Yna Bote (2014)

Updated by: Bianca Cezar (2015)