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    Replevin: (Sections 1-2, Rule 60, Rules of Court)

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    Leo Nekko
    This document discusses the rules regarding replevin under Sections 1-2 of Rule 60 of the Rules of Court in the Philippines. Replevin allows a party to recover possession of personal property from another party. The applicant must show through affidavit that they own or are entitled to possession of the property, that the property is wrongfully detained, is not subject to other legal processes, and state the property's value. The applicant must also post a bond in double the stated value to ensure return of the property or payment if the adverse party prevails. Substantial compliance with affidavit requirements is sufficient. A redelivery bond may be filed by the adverse party objecting to the initial bond.

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    Replevin: (Sections 1-2, Rule 60, Rules of Court)

    Uploaded by

    Leo Nekko
    47 views10 pages
    This document discusses the rules regarding replevin under Sections 1-2 of Rule 60 of the Rules of Court in the Philippines. Replevin allows a party to recover possession of personal property from another party. The applicant must show through affidavit that they own or are entitled to possession of the property, that the property is wrongfully detained, is not subject to other legal processes, and state the property's value. The applicant must also post a bond in double the stated value to ensure return of the property or payment if the adverse party prevails. Substantial compliance with affidavit requirements is sufficient. A redelivery bond may be filed by the adverse party objecting to the initial bond.

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    Report on Replevin, special civil action under the Rules of Court.

    Original Title

    Replevin

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    This document discusses the rules regarding replevin under Sections 1-2 of Rule 60 of the Rules of Court in the Philippines. Replevin allows a party to recover possession of personal property from another party. The applicant must show through affidavit that they own or are entitled to possession of the property, that the property is wrongfully detained, is not subject to other legal processes, and state the property's value. The applicant must also post a bond in double the stated value to ensure return of the property or payment if the adverse party prevails. Substantial compliance with affidavit requirements is sufficient. A redelivery bond may be filed by the adverse party objecting to the initial bond.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    47 views10 pages

    Replevin: (Sections 1-2, Rule 60, Rules of Court)

    Uploaded by

    Leo Nekko
    This document discusses the rules regarding replevin under Sections 1-2 of Rule 60 of the Rules of Court in the Philippines. Replevin allows a party to recover possession of personal property from another party. The applicant must show through affidavit that they own or are entitled to possession of the property, that the property is wrongfully detained, is not subject to other legal processes, and state the property's value. The applicant must also post a bond in double the stated value to ensure return of the property or payment if the adverse party prevails. Substantial compliance with affidavit requirements is sufficient. A redelivery bond may be filed by the adverse party objecting to the initial bond.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    Replevin

    (Sections 1-2, Rule 60, Rules of Court)


    Section 1
    • A party praying for the recovery of possession of personal property
    may, at the commencement of the action or at any time before
    answer, apply for an order for the delivery of such property to him, in
    the manner hereinafter provided
    Party who may avail
    • Plaintiff – where the complaint prays for the recovery of possession of
    personal property
    • Defendant – where there is counterclaim set out in the answer for the
    recovery of personal property
    Subject matter
    • Applicable only to personal property
    • “Personal property” means any specific personal property unlawfully
    taken or detained from the person entitled to its possession
    • The property must be:
    (Machinery Engineering Supply v. CA, 96 Phil 70)
    • Capable of identification and delivery
    • Not a real property or incorporeal one
    Ownership or possession?
    • Possession will suffice! For as long as the applicant can prove to the
    court his entitlement to the possession of such personal property, he
    may avail of this remedy (Yang v. Valdez, 177 SCRA 141)
    Section 2
    • The applicant must show by his own affidavit or that of some other
    person who personally knows the facts:
    • (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.
    Section 2
    • The applicant must also give a bond, executed to the adverse party in double the
    value of the property as stated in the affidavit aforementioned, for the return of
    the property to 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.
    What type of compliance is needed?
    • Substantial compliance to Section 2 will suffice! Even if there is failure
    to state those facts enumerated herein in an affidavit, if the complaint
    itself contains every statement or fact required herein and the
    complaint is verified, this will be sufficient compliance to the rule
    (Citibank v. CA, 304 SCRA 679)
    Bond
    • Must be in amount double the value of the property as stated in the
    affidavit of the applicant or person who personally knows the facts
    • Sufficient
    • Answers only for the return of the property to the adverse party
    when such return is adjudged in his favor, and payment to him of such
    sum as he may recover from the applicant in the action
    Compare: what is a redelivery bond?
    • A redelivery bond is a bond filed by the adverse party when he
    objects to the sufficiency of the bond posted by the applicant (Yang v.
    Valdez, 177 SCRA 141)

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