RIANO REVIEWER IN
PROVISIONAL REMEDIES AND SPECIAL CIVIL ACTIONS
DSG
Riano Provisional Remedies
Nature of provisional remedies
Plaintiff does not have to agonizingly wait for the court to finally adjudge
possession to his favor. Plaintiff may avail of a remedy under the Rules to
obtain the possession of the property while the main action is being
litigated. The Court may order defendant to surrender the possession of
the property to the plaintiff even before the main case has been resolved.
The order partakes only of an interim remedy, a mere provisional or
temporary possession.
Q: Plaintiff files an action to foreclose a real estate mortgage against
defendant. The building subject of the mortgage is depreciating in value Purpose of provisional remedies
because of the gross neglect of the mortgagor and even if the judgment
rendered later turns out to be favorable to the mortgagee, the value of the 1.
property would be insufficient to discharge the mortgage debt. May the
mortgagee avail of a provisional remedy while the action is pending to prevent the 2.
further depreciation of the property? 3.
A: Yes. Under the existing proceedings by applying for the appointment 4.
of a receiver who will be tasked with the administration and preservation
of the property.
Q: An illegitimate minor child, with assistance of his mother, files an
action for support against his natural father. The mother is very sick,
jobless and poor, and for the little boy, survival is a challenge on a daily
basis. Does the child have to wait for the final adjudication of the issue of his
entitlement to support before he receives the relief prayed for?
A: No. The applicable rules provide for an interim relief because while the
principal action for support is pending, he may apply for support
pendente lite or support pending the resolution of the case
 Temporary
 Preliminary
 Tentative
 Not causes of action, but merely adjuncts to a main suit
 They constitute temporary measures during the pendency of
the action
 They are ancillary because they are mere incidents in and
dependent upon the result of the main action.
Preserve or protect their rights or interests while the main action is
pending
Secure the judgment
Preserve status quo
Preserve the subject matter of the action
 Court with jurisdiction over provisional remedies is the
court which has jurisdiction over the main action.
 Inferior courts may grant provisional remedies in actions
within its jurisdiction.
 MTC may grant preliminary injunction in FEUD to prevent
defendant from further acts of dispossession or writ of
preliminary mandatory injunction to restore plaintiff in
possession upon proper application filed within 5 days from
filing of complaint.
 RIANO REVIEWER IN
PROVISIONAL REMEDIES AND SPECIAL CIVIL ACTIONS
DSG

 Only RTC may issue provisional remedies when the action is

for specific performance. Sec 2 Rule 127
 Only Family Courts may provide the provisional remedy of Offended party may have the property of the accused attached as security
support pendente lite where the main action is one for for the satisfaction of any judgment that may be recovered from the latter
support. in the following cases:
 In an accion publiciana action where the assessed value of
the real property is P10,000, only the MTC may grant 1. accused is about to abscond
provisional remedies. 2. criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted to the use of the
Kinds of provisional remedies accused who is a public officer, officer of a corporation, attorney,
1. Preliminary attachment (R57) factor, broker, agent or clerk, in the course of his employment or by
2. Preliminary injunction (R58) any other person in a fiduciary capacity or for a willful violation of a
3. Receivership (R59) duty
4. Replevin (R60) 3. accused has concealed, removed or disposed of his property or is
5. Support pendente lite (R61) about to do so
4. accused resides outside the Philippines
 Enumeration is not exclusive. There are other interim reliefs in other
rules and laws Preliminary Attachment Rule 57
 Deposit as provisional remedy in the exercise of equity of A provisional remedy, in virtue of which, a plaintiff, or other party may,
jurisdiction may be ordered by the court to prevent unjust at the commencement of the action or at any time thereafter, have the
enrichment and ensure restitution. Equity aims to do complete property of the adverse party taken into the custody of the court as
justice in cases where a court of law is unable to adapt its security for the satisfaction of any judgment that may be recovered.
judgment to the special circumstances of a case because of the
inflexibility of its statutory or legal jurisdiction. No principle prohibits its issuance by any court before acquisition of
jurisdiction over the person of the defendant.
Provisional remedies may also be availed of in criminal actions (R127)
In connection with the civil action deemed instituted with the criminal  Purely statutory remedy
action, the provisional remedies in civil actions may be availed of insofar
as they are applicable (Sec 1 Rule 127)
 RIANO REVIEWER IN
PROVISIONAL REMEDIES AND SPECIAL CIVIL ACTIONS
DSG

 Attachment is preliminary when it is resorted to before the finality  There is no separate action called preliminary attachment.
of the judgment to secure the adverse party’s property and to 
prevent its dissipation.