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PROVISIONAL REMEDIES

Preliminary Attachment Preliminary Injunction/Preliminary Receivership Replevin Support Pendente Lite


Mandatory Injunction
Purpose To have property of adverse To require a party or a court, agency or To place the property subject of an action To compel adverse party to
party attached as security for the a person to refrain from doing a or proceeding under the control of a third To recover possession of provide support while action
satisfaction of judgment that particular act or acts or to require the party for its preservation and personal property is pending in court
may be recovered in cases performance of a particular act or acts. administration litis pendentia
falling under Sec 1, Rule 57.
When At the commencement of the At any stage prior to the judgment or At any time prior to satisfaction of At the commencement of the At the commencement of the
applied/granted action or at any time prior to the final order judgment action but before answer is filed action or at any time prior to
entry of judgment the judgment or final order
File verified application and applicants File verified application; bond
bond; if application is included in the File verified application and applicants not required
How applied for initiatory pleading, the adverse party bond; application may also be included in
File affidavits and applicants should be served with summons initiatory pleading in actions for File affidavits and applicants
bond together with a copy of the initiatory foreclosure of mortgage bond
pleading and the applicants bond
Court where action is pending, Only the Court where the action is Court where action is pending, the CA or
the CA or the SC even if action pending; Lower Court, Ca or SC the SC even if action is pending in the
Who may grant is pending in the lower court. provided action is pending in the same lower court. Appellate court may allow Only in the court where action Court of origin and appellate
court which issues the injunction. application for receivership be decided by is pending court. (See Ramos v. CA)
the court of origin.
Requisites for Sufficient cause of action Applicant is entitled to the relief Applicant has interest in the property Applicant is the owner of Affidavits, depositions
granting Case is covered by section demanded or fund subject matter of the action the property claimed or is or other documents
application 1 Rule 57 Act/s complained of would work or proceeding entitled to the possession should show, at least
No other sufficient security injustice to the applicant if not Property or fund is in danger of being of the same provisionally, that the
for the claim exists enjoined lost removed or materially injured Property is wrongfully applicant is entitled to
Amount due to applicant or Acts sought to be enjoined Appointment of receiver is the most detained by the adverse receive support
value of property he is probably violates applicants convenient and feasible means of party
entitled to recover is equal rights respecting the subject of preserving, administering or Property is not distrained
to the sum for which the the action or proceeding disposing of the property in litigation or taken for a tax
order of attachment is assessment or a fine
granted pursuant to law
Where property is When third-party claimant When third-party claimant
claimed by third makes an affidavit of his title to makes an affidavit of his title to
person the property or his right to the the property or his right to the
possession thereof, and serves possession thereof, and serves
such affidavit to the sheriff and a such affidavit to the sheriff and
copy thereof to the attaching a copy thereof to the attaching
party, the sheriff shall not be party, the sheriff shall not be
bound to keep the property bound to keep the property
unless the attaching party files a under replevin unless the
bond approved by the court to applicant files a bond approved
indemnify the third-party by the court to indemnify the
claimant in a sum not less than third-party claimant in a sum
the value of the property levied not less than double the value of
upon. Claim for damages for the the property levied upon. Claim
taking or keeping the property for damages for the taking or
must be filed within 120 days keeping the property must be
from filing of the bond. filed within 120 days from
filing of the bond.

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Preliminary Attachment Preliminary Injunction/Preliminary Receivership Replevin Support Pendente Lite
Mandatory Injunction
Bond executed to the adverse
party in double the value of the
Bond requirement Bond executed to the adverse party in the amount fixed by the court to cover the costs which may be adjudged to the property for the return of the
adverse party and all damages which he may sustain by reason of the granting of provisional remedy prayed for, if the property to the adverse party if No bond required
court shall finally adjudge that the applicant was not entitled thereto such return be adjudged, and for
the payment to the adverse
party of such sum as he may
recover from the applicant of
the action
By counter-bond: Party against whom the provisional remedy is availed of, may move for the discharge of the 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

Not applicable.

Discharge of
remedy

Filing of counter-bond made only upon


showing that the issuance or
continuance thereof would cause
Cash deposit may be made in irreparable damage to the party or Amount of counter-bond should
lieu of the counter-bond person enjoined while the applicant can also be double the value of the
be fully compensated for such damages property
as he may suffer ; counter-bond alone
will not suffice to discharge the
injunction.
Other grounds: improper or
irregular issuance or Insufficiency of the application Appointment was obtained without
enforcement or insufficiency of sufficient cause
the bond

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Preliminary Attachment Preliminary Injunction/Preliminary Receivership Replevin Support Pendente Lite
Mandatory Injunction
Damages in case When judgment or final order
applicant for any of finds the person who has been
the provisional providing support pendente
remedies not Owner of property attached must file before trial or before perfection of appeal application for damages lite not liable therefor:
entitled thereto or Party who availed of provisional remedy and his surety or sureties must be notified , showing right to damages and amount thereof
for any irregularity Damages awarded only after proper hearing; included in judgment of the main case Court shall order the
in the procurement recipient to return the
of provisional If judgment of appellate court is favorable to the party against whom provisional remedy was effected: amounts already
remedy received with interest
Application must be filed with the appellate court before the judgment of the appellate court becomes executory from the dates of actual
Appellate court may allow application to be heard and decided by the trial court payment
Recipient may obtain
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award: reimbursement from the
person legally obliged to
Adverse party may recover damages in the same action give support (separate
action must be filed for
the purpose)
If recipient fails to
reimburse the amount,
person who provided the
same may seek
reimbursement from the
person legally obliged to
give the support
(separate action must be
filed for the purpose)

Interpleader Declaratory Relief Certiorari Certiorari Quo Warranto Expropriation Foreclosure of Partition Forcible Detainer Contempt
(COMELEC and Prohibition Real Estate Entry
COA) Mandamus Mortgage
Purpose Compel Declaration of rights
conflicting and duties Division of Protect
claimants to (reformation of Taking of private Satisfy creditor real judicial
litigate their instrument, quieting of Correcting errors of jurisdiction Remove a usurper property for public use based upon property Recover possession in fact system
claims among title, consolidation of security among the from
themselves ownership) parties unwarrante
claiming d intrusion
rights
thereto

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Requisites Conflicting claims Person has interest Judgment or final Certiorari: A person usurps, Property owned by a A person owes Real A person A person Direct
exist upon the under a deed, will, order has been intrudes into, or private party another a loan property is enjoys lawfully contempt:
same subject contract or other rendered by the Any tribunal, board or unlawfully holds owned by lawful takes
matter written instrument COMELEC or the officer exercising or exercises office, Taking by government Loan is secured by several possession of possession A person
COA judicial or quasi position, or for public use mortgage of real persons the property of the land behaved
Such claims are Persons rights are judicial functions has franchise property at the improperly
made upon a affected by a statute, Aggrieved party rendered judgment Just compensation Person Another beginning in the
person who claims executive order or wants the judgment A public officer Debtor defaulted claiming person presence or
no interest in the regulation, ordinance, or final order Such tribunal, etc. has does or suffers an in payment right to the acquires Such so near a
subject matter or any other reviewed by a acted without or in act which, by the property possession of lawful court
governmental higher court excess of its provision of law, Final demand has does not the same possession
regulation jurisdiction constitutes a been made want co- property by has ended Such
ground for the ownership force, misbehavio
No breach or violation Prohibition: forfeiture of his to continue intimidation, A demand r
of the rights has yet office; threat, to vacate obstructed
occurred Proceedings in a strategy or has been or
tribunal, corporation, An association stealth made interrupted
board, officer or acts as a court
person exercising corporation within proceeding
judicial, quasi judicial the Philippines s
or ministerial without being
functions are legally Indirect
conducted without or incorporated or contempt:
in excess of its without lawful
jurisdiction authority so to act Misbehavio
r in
Mandamus: performanc
e of official
When any tribunal, functions
corporation, board,
officer or person Disobe-
unlawfully neglects dience to
performance of an act lawful
which the law court
specifically enjoins orders
Abuse or
Common requisite: unlawful
interferenc
There is no appeal or e with
any plain, speedy, and court
adequate remedy in processes
the ordinary course of
law Improper
conduct
which
tends to
impede
administrat
ion of
justice

Pretending
to be a
lawyer or
officer

Failure to
obey
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Procedure 1. Complaint is 1. Action is brought 1. 18 copies of 1. Petition must be 1. Verified petition 1. Verified complaint 1. Complaint filed
filed before appropriate verified petition filed within 60 days in the name of the filed, stating right and
RTC shall be filed within from notice of RP is filed (Person purpose of 2. Court
2. Summons 30 days from notice judgment claiming to be expropriation ascertaines amount
served upon 2. All persons affected of the judgment or entitled to a public due to plaintiff and
parties made parties final order 2. Court orders office or position 2. Persons owning or renders judgment
respondents to file usurped by claiming to own any ordering defendant
3. Parties files 3. Notice to Sol Gen if 2. If motion for new comment within 10 another may bring interest pertaining to the to pay within a
motion to dismiss validity of a statue, trial or recon- days from receipt of action in his own property must be joined within a period not
or answers the executive order or sideration is order name) as defendants less than 90 days
complaint regulation of any other allowed, period to but not more than
governmental file petition is 3. Court may order 2. Person at whose 3. Plaintiff may enter 120 days
4. Pre-trial regulation is involved interrupted. If filing of reply or other instance the property after filing
motion is denied, responsive pleadings petition is brought complaint and 3. If defendant
5. Court 4. Notice to prosecutor petition shall be pays costs and depositing with a fails to pay,
determines parties or attorney of LGU if filed within 4. Court may hear the expenses government depositary foreclosure sale
respective rights involving validity of a remaining period, in case or require parties amount equivalent to ensues
and adjudicate local ordinance no case less than 5 to submit memoranda 3. Respondent is assessed value of
their several days. notified property 4. Costs deducted
claims 5. Court acts on 5. Court either grants from proceeds of
application 3. Pay docket and petition or dismisses 4. Court may 4. Defendants allowed sale, mortgagee
Note: Docket fees other lawful fees the same if it finds the reduce periods for to file objections paid amount due;
paid by 6. If during pendency and deposit of P500 same to be patently filing pleadings to if there is excess
complainant of action there occurs for costs without merit, secure most 5. Court rules on the in the proceeds,
constitute a lien breach or violation, prosecuted manifestly expeditious issue of expropriation, same is turned
upon subject action is converted 4. SC either orders for delay, or that the determination of granting or denying the over to mortgagor
matter of the into an ordinary action respon-dents to file questions raised are matters involved same
action their comment if it too insubstantial to in the action 5. If proceeds of
finds petition require consideration 6. If expropriation is sale is not
sufficient in form 5. Judgment is granted, court appoints sufficient to cover
and substance or 6. Certified copy of rendered. Court not more than 3 entire
dismisses the judgment is served may render commissioners indebtedness,
petition if it was upon the court, quasi- judgment for costs deficiency
filed manifestly for judicial agency, against petitioner, 7. Objections to judgment is
delay or the tribunal, corporation, relator or person/s appointment of rendered:
questions raised are board, officer or claiming to be a commissioners may be execution
too unsubstantial person and corporation filed within ten days immediately issues
disobedience thereto from service if whole debt is
5. Respondents file shall be punished as 6. Person adjudged due, otherwise,
comment contempt. entitled to public 8. Commissioners take mortagor entitled
office may oath before assuming to execution upon
6. SC either sets demand of the function original terms of
case for oral respondent to the contract
argument or requires deliver all books 9. Commissioners
submission of and papers to him ascertain and report the 6. Certified copy
memoranda or just compensation for of final order
decides the case the property confirming the
based on submit-ted sale is registered
documents 10. Clerk of court in the registry of
serves copies of deeds
commissioners report
to all interested parties

11. Interested parties


allowed to file
objections within ten
days

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Jurisdiction RTC RTC SC SC, CA, RTC, SC, CA, RTC
Sandiganbayan

Preliminary Injunction/TRO in Tabular Presentation; 72-Hour TRO; 20-Day TRO


Exec. Judge of Multi Sala / Presiding Judge of Single Sala Regular Court Judge
where case is pending/or raffled to
SCENARIO 1
Sec. 5, Rule 58. 72-hour ex-parte TRO/w/out notice to adverse party on Within 72 hours from issuance by Executive Judge,
grounds of urgency;and grave injustice & irreparable injury/damage. decides after SUMMARY hearing whether to grant 17-day
Note: Pleader must do more than simply allege facts. Convince the court TRO to complete the 20-day TRO.
with facts. Failure to issue order renders the 72-hour TRO functus
1. If convinced, issues 72-hour TRO, and immediately complies with Sec. officio with no further orders necessary.
4 (c), Rule 58: Service upon adverse party of 72-hour TRO must be If 20-day TRO is granted, court must hear (complete
preceded or contemporaneously accompanied by: hearing), & with prior notice, within such period whether
1) Summons; or not to grant PI.
2) Complaint/Initiatory Pleading and applicants affidavit and bond; and
3) Notice of Raffle.
When Summons exempted (4 instances):
1) personal service cannot be effected;
2) substituted service cannot be effected;
3) person/respondent/defendant is not found in, or resides in the of the
Philippines, but is temporarily out of country; or
4) person/respondent/defendant does not reside in the Philippines.
For Writ of Preliminary Attachment, Summons is exempted, when:
1) personal service cannot be effected;
2) substituted service cannot be effected;
3) person/respondent/defendant is not found in, or resides in the of the
Philippines, but is temporarily out of country; or
4) person/respondent/defendant does not reside in the Philippines.
5) in Quasi In Rem/In Rem actions.
2. Conduct Raffle after notice to, and in the presence of the adverse party.
Notes: File complaint w/prayer for PI. Although order may issue ex parte it
only takes effect upon receipt by defendant.
Upon issuance, have sheriff serve ASAP. Time the filing so that TRO is
heard within 72 hours, otherwise it expires unheard.
Ideallyand/or latest in the week to dofile for TRO on a Tuesday in order
to have it raffled by the ensuing Thursday, and heard by Friday.
SCENARIO 2
No 72-hour TRO application Issues 20-day TRO upon prior notice and summary hearing
Defendant is served with only Complaint, Summons, & Notice of Raffle. (w/in 24 hrs. from sheriffs return of service or records
By raffle, case is assigned to regular court. received by raffled branch) as a general rule.
An Executive or Presiding Judge cannot issue a 20-day TRO.
Must decide w/in same period, after ordering party to be
enjoined to show cause why TRO shall not be granted,
WoN to grant. Otherwise TRO is automatically vacated.

Effectivity is not extendible w/out need of any judicial


declaration; no court has authority to extend or renew on

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the same ground for which it was issued.

By jurisprudence though, period may be extended, but


only by agreement of both parties.
SCENARIO 3
Brought about by amendment of sec 5 rule 58 in Dec 2007 May issue 20-day TRO w/out Notice & Hearing if
Grounds: great and irreparable injury. convinced from facts on affidavit or verified application
Same as Scenario 2: that grounds of great and irreparable injury existed.
Defendant is served with only Complaint, Summons, & Notice of Raffle. Must decide w/in same period whether or not to grant PI.
By raffle, case is assigned to regular court. If the court grants a PI & the same is subject of petition for
certiorari with next level court, the court must resolve case
w/in 6 months. Otherwise, judge is liable for administrative
sanction.

The trial court, the Court of .Appeals, the Sandiganbayan


or the Court of Tax Appeals that issued a writ of
preliminary injunction against a lower court, board, officer,
or quasi-judicial agency shall decide the main case or
petition within six (6) months from the issuance of the writ.

Preliminary Injunction CANNOT issue WITHOUT Notice and Summary Hearing.


Applied for at any time as long as the case is pending w/ MTC/RTC/CA/SC.
If issued by Court of Appeals, it may be granted by any member for a 60-day period. No renewal/extension. After the lapse, it expires.
If issued by the Supreme Court, it may be granted by any member without any period. It shall remain effective until otherwise lifted.
Sandiganbayan may issue PI.
NOTE: With the Courts implementation, pursuant to its rule-making power, of eCourt System, Notice of Raffle, is obviated, or at least
is omitted, owing to system limitation (system automatically raffles a case to a trial court upon filing).
Possible justification: Since raffle no longer involves human intervention, the evil sought to be prevented (rigging) is avoided, though
this remains unanswered unaddressed by the court for its novelty, and for absence of any controversy brought before it.
General Provisions:
Section 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;
(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. (3a)
Section 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. (6a)
Section 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 applicant's 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. (8a)
Section 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. (9a)
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Section 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 of confirming the preliminary mandatory injunction. (10a)