Provisional Remedies

PROVISIONAL REMEDIES
Preliminary Attachment
Preliminary
Injunction/Preliminary
Mandatory Injunction
Receivership
Replevin
Support Pendente Lite
Purpose
To have property of adverse party

attached as security for the satisfaction
of judgment that may be recovered in
cases falling under Sec.1, Rule 57.
To require a party or a court, agency

or a person to refrain from doing a
particular act or acts or to require the
performance of a particular act or acts.
To place the property subject of an

action or proceeding under the control of
a third party for its preservation and
administration litis pendentia.
To recover possession of personal

property.
To compel adverse party to provide

support while action is pending in court.
When applied/
granted
At the commencement of the action or

any time prior to the entry of judgment.
At any stage prior to the judgment or

final order.
At any time prior to satisfaction of

judgment.
At the commencement of the action but

Before answer is filed.
At the commencement of the action or

at any time prior to the judgment or final
order.
File verified application and applicants

bond; application may also be included in
initiatory pleading in actions for
foreclosure of mortgage.
Court where action is pending, the CA
or the SC even if action is pending in the
lower court. Appellate court may allow
application for receivership be decided by
the court of origin.
Only in the court where action is

pending.
How applied for
File affidavits and applicants bond.
Filed verified application and

applicants bond; if application is included
in the initiatory pleading, the adverse
party should be served with summons
together with a copy of the initiatory
pleading and the applicants bond.
Who may grant
Courts where action is pending, the

CA or the SC even if action is pending in
the lower court.
Only the Court where the action is

pending; Lower Court, CA or SC provided
action is pending in the same court which
issues the injunction.
File affidavits and applicants bond.
File verified application; bond not

required.
Court of origin and appellate court.

(See Ramos vs. CA)
Sufficient cause of action

Case is covered by Sec1 Rule 57
Requisites for
granting application
No other sufficient security for the claim

exists
Applicant is entitled to the relief

demanded.
Applicant has interest in the property or

fund subject matter of the action or
proceeding
Applicant is the owner of the

property claimed or is entitled to the
possession of the same.
Amount due to applicant or value of

property he is entitled to recover is equal
to the sum which the order or attachment
is granted
Act/s complained of would work injustice

to the applicant if not enjoined.
Property or fund is in danger of being lost

or removed or materially injured
Property is wrongfully detained by the

adverse party.
Acts sought to be enjoined probably

violates applicants rights respecting the
subject of the action or proceeding.
Appointment of receiver is the most

convenient and feasible means of
preserving, administering or disposing of
the property in litigation.
Property is not distrained or taken for

a tax assessment or a fine pursuant
to law.
Affidavits, depositions or other

documents should show, at least
provisionally, that the applicant is entitled
to receive support.
When property is
claimed by third
person.
When third-party claimant makes an

affidavit of his title to the property or his
right to the possession thereof, and
serves such affidavit to the sheriff and a
copy thereof to the attaching party, the
sheriff shall not be bound to keep the
property unless the attaching party files a
bond approved by the court to indemnify
the third-party claimant in a sum not less
than the value of the property levied
upon. Claim for damages for the taking
or keeping the property must be filed
within 120 days from filing of the bond.
Preliminary Attachment
When third-party claimant makes an

affidavit of his title to the property or his
right to the possession thereof, and
serve such affidavit to the sheriff and a
copy thereof to the attaching party, the
sheriff shall not be bound to keep the
property under replevin unless the
applicant files a bond approved by the
court to indemnify the third-party claimant
in a sum not less than double the value of
the property levied upon. Claim for
damages for the taking or keeping the
property must be filed within 120 days
from filing of the bond.
Preliminary
Injunction/Preliminary
Mandatory Injunction
Receivership
Replevin
Support Pendente Lite
Bond Requirement
Bond executed to the adverse party in

double the value of the property or the
return of the property to the adverse party
Bond executed to the adverse party in the amount fixed by the court to cover the costs which may be adjudged to the adverse party and all damages which he may sustain
if such return be adjudged and for the
by reason of the granting of provisional remedy prayed for, if the court shall finally adjudge that the applicant was not entitled thereto.
payment to the adverse party of such sum
as he may recover from the applicant of
the action.
No bond required.
Discharge of
remedy
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 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.
Cash deposit may be made in lieu of the

counter-bond.
Filing of counter-bond made only upon

showing that the issuance or continuance
thereof would cause irreparable damage
to the party or person enjoined while the
applicant can be fully compensated for
such damages as he may suffer; counterbond alone will not suffice to discharge
the injunction.
Other grounds: improper or irregular

issuance or enforcement or insufficiency
of bond.
Insufficiency of the application.
Amount of counter-bond should also be

double the value of the property.
Appointment was
sufficient cause.
obtained
without
When judgment or final order finds

the person who has been providing
support pendente lite not liable
therefor:
Damages in case
applicant for any of
the
provisional
remedies
not
entitled thereto or
for any irregularity
in the procurement
of
provisional
remedy.
Owner of the property attached must file before trial or before perfection of appeal application for damages.
Party who availed of provisional remedy and his surety or sureties must be notified, showing right to damages and amount thereof.
Damages awarded only after proper hearing; included in judgment of the main case.
IF JUDGMENT OF APPELLATE COURT IS FAVORABLE TO THE PARTY AGAINST WHOM PROVISIONAL REMEDY WAS EFFECTED:
Application must be filed with the appellate court before the judgment of the appellate court becomes executory.
Appellate court may allow application to be heard and decided by the trial court.
IF BOND OR DEPOSIT GIVEN BY THE PARTY AVAILING OF THE PROVISIONAL REMEDY BE INSUFFICIENT OR FAIL TO SATISFY THE AWARD:
Adverse party may recover damages in the same action.
Court shall order the recipient to

return the amounts already received
with interest from the dates of actual
payment.
Recipient may obtain reimbursement
from the person legally obliged to
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.

Provisional Remedies

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Provisional Remedies

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What are the different types of provisional remedies discussed?

What are the different types of provisional remedies discussed?

When can provisional remedies be applied for?

When can provisional remedies be applied for?

PROVISIONAL REMEDIES

Support Pendente Lite

To have property of adverse party

To require a party or a court, agency

To place the property subject of an

To recover possession of personal

To compel adverse party to provide

At the commencement of the action or

At any stage prior to the judgment or

At any time prior to satisfaction of

At the commencement of the action but

At the commencement of the action or

File verified application and applicants

Only in the court where action is

How applied for

File affidavits and applicants bond.

Filed verified application and

Who may grant

Courts where action is pending, the

Only the Court where the action is

File affidavits and applicants bond.

File verified application; bond not

Court of origin and appellate court.

Sufficient cause of action

No other sufficient security for the claim

Applicant is entitled to the relief

Applicant has interest in the property or

Applicant is the owner of the

Amount due to applicant or value of

Act/s complained of would work injustice

Property or fund is in danger of being lost

Property is wrongfully detained by the

Acts sought to be enjoined probably

Appointment of receiver is the most

Property is not distrained or taken for

Affidavits, depositions or other

When third-party claimant makes an

When third-party claimant makes an

Support Pendente Lite

Bond executed to the adverse party in

Cash deposit may be made in lieu of the

Filing of counter-bond made only upon

Other grounds: improper or irregular

Insufficiency of the application.

Amount of counter-bond should also be

When judgment or final order finds

Court shall order the recipient to

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