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    Rules On Replevin

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    Connie Beb
    Replevin is a provisional remedy that allows a plaintiff to recover possession of personal property that is wrongfully detained by the defendant. It requires the plaintiff to post a bond double the value of the property. If the plaintiff succeeds, the property is delivered to them. If not, it is returned to the defendant and damages may be awarded. Replevin is available at the start of a case involving recovery of personal property until the defendant files an answer. Third parties can also claim ownership of the replevied property.

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    Rules On Replevin

    Uploaded by

    Connie Beb
    483 views2 pages
    Replevin is a provisional remedy that allows a plaintiff to recover possession of personal property that is wrongfully detained by the defendant. It requires the plaintiff to post a bond double the value of the property. If the plaintiff succeeds, the property is delivered to them. If not, it is returned to the defendant and damages may be awarded. Replevin is available at the start of a case involving recovery of personal property until the defendant files an answer. Third parties can also claim ownership of the replevied property.

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    Replevin

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    Rules on Replevin

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    Replevin is a provisional remedy that allows a plaintiff to recover possession of personal property that is wrongfully detained by the defendant. It requires the plaintiff to post a bond double the value of the property. If the plaintiff succeeds, the property is delivered to them. If not, it is returned to the defendant and damages may be awarded. Replevin is available at the start of a case involving recovery of personal property until the defendant files an answer. Third parties can also claim ownership of the replevied property.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    483 views2 pages

    Rules On Replevin

    Uploaded by

    Connie Beb
    Replevin is a provisional remedy that allows a plaintiff to recover possession of personal property that is wrongfully detained by the defendant. It requires the plaintiff to post a bond double the value of the property. If the plaintiff succeeds, the property is delivered to them. If not, it is returned to the defendant and damages may be awarded. Replevin is available at the start of a case involving recovery of personal property until the defendant files an answer. Third parties can also claim ownership of the replevied property.

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    RULE 60 - Replevin Replevin A provisional remedy consists in the delivery, by order of the court, of a personal property by the defendant

    to the plaintiff, who shall give a bond to assure the return thereof or the payment of damages to the defendant if plaintiffs action to recovery possession of the same property fails, in order to protect the plaintiffs right of possession of said property, or prevent the defendant from damaging, destroying or disposing of the same during the pendency of the suit. It is both a form of principal remedy and a provisional relief. It is also described as a mixed action because it is partly in rem and partly in personam. It is in rem insofar as recovery of specific personal property is concerned, and it is in personam insofar as the claim for damages is concerned. Replevin Available only when the principal action is recovery of personal property Available only when the defendant is in actual possession of the property Cannot be availed of when the property is in custodia legis Available before defendant files answer Bond is double the value of the property How 1. 2. 3. 4. 5. 6. 7. 8. Attachment Available even if recovery of property is only incidental to the relief sought Available even if the property is in the possession of a third person Can be availed of even if the property is in custodia legis Available from commencement but before entry of judgment Bond is fixed by the court

    apply for an order for the delivery of property file own affidavit or that of some other person file a bond executed to the adverse party in double the value of the property as stated in the affidavit court shall issue an order and the corresponding writ of replevin, describing the personal property alleged to be wrongfully detained and requiring the sheriff forthwith to take such property into his custody sheriff must serve a copy thereof on the adverse party, together with a copy of the application, affidavit and bond sheriff to take the property, if it be in the possession of the adverse party, or his agent, and retain it in his custody; keep it in a secure place. The sheriff shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same within five (5) days after the taking of the property by the sheriff (no objection, or upon courts affirmance), the property shall be delivered to the applicant. If for any reason the property is not delivered to the applicant, the sheriff must return it to the adverse party. The sheriff must file the order, with his proceedings indorsed, thereon, with the court within ten (10) days after taking the property mentioned therein

    Note: If the property or any part thereof be concealed: 1. sheriff must demand its delivery 2. if it be not delivered, he must cause the building or enclosure to be broken open 3. take the property into his possession. Bond involved: 1. Applicants bond 2. Redelivery bond (counter-bond by adverse party) 3. Indemnity bond (by third party claimant) Who

    A party praying for the recovery of possession of personal property When 1. at the commencement of the action or 2. at any time before answer (Requisites in an action for replevin) Included in the affidavit- facts personally known a. That the applicant is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof; b. That 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 such seizure or custody; and d. The actual market value of the property. Purpose of Bond 1. for the return of the property to the adverse party if such return be adjudged, and 2. for the payment to the adverse party of such sum as he may recover from the applicant in the action Return of property, how 1. filing with the court where the action is pending a bond executed to the applicant, in double the value of the property as stated in the applicant's affidavit and for the payment of such sum, to him as may be recovered against the adverse party 2. serving a copy of such bond on the applicant If the property taken is claimed by any person Such person. 1. makes an affidavit of his title thereto, or right to the possession thereof, stating the grounds therefor 2. serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant GR: the sheriff shall not be bound to keep the property under replevin or deliver it to the applicant Exc: the applicant or his agent, on demand of said sheriff, shall file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property under replevin Note: 1. 2. 3. 4. 5. No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond. The sheriff shall not be liable for damages, for the taking or keeping of such property, to any such third-party claimant if such bond shall be filed. Separate action may be filed for damages against a frivolous or plainly spurious claim Writ of replevin is issued in favor of the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required Sheriff, if sued for damages, he shall be represented by the Solicitor General, and if held liable therefor, the actual damages shall be paid by the National Treasurer out of the funds to be appropriated for the purpose

    Judgment After trial of the issues the court shall determine who has the right of possession to and the value of the property and shall render judgment in the alternative for the delivery thereof to the party entitled to the same, or for its value in case delivery cannot be made, and also for such damages as either party may prove, with costs; including recovery against sureties.

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