8/12/2019 Chart Prov s Ional Rems

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PROVISIONAL REMEDIES

Preliminary AttachmentPreliminary Injunction/Preliminary

Mandatory InjunctionReceivershi Relevin Suort Pendente Li

Purpose

To have property of adverse partyattached as security for the satisfactionof judgment that may be recovered incases falling under Sec.1, Rule 57.

To reuire a party or a court, agencyor a person to refrain from doing aparticular act or acts or to reuire theperformance of a particular act or acts.

To place the property subject of anaction or proceeding under the control ofa third party for its preservation andadministration litis pendentia.

To recover possession of personalproperty.

To compel adverse party to prsupport !hile action is pending in

"hen applied#granted

$t the commencement of the actionor any time prior to the entry of

judgment.

$t any stage prior to the judgment orfinal order.

$t any time prior to satisfaction ofjudgment.

$t the commencement of the action but%efore ans!er is filed.

$t the commencement of the or at any time prior to the judgmefinal order.

&o! applied for 'ile affidavits and applicant(s bond.

'iled verified application and

applicant(s bond) if application is includedin the initiatory pleading, the adverseparty should be served !ith summonstogether !ith a copy of the initiatorypleading and the applicant(s bond.

'ile verified application andapplicant(s bond) application may also beincluded in initiatory pleading in actionsfor foreclosure of mortgage.

'ile affidavits and applicant(s bond. 'ile verified application) bond reuired.

"ho may grant *ourts !here action is pending, the*$ or the S* even if action is pending inthe lo!er court.

+nly the *ourt !here the action ispending) o!er *ourt, *$ or S* providedaction is pending in the same court !hichissues the injunction.

*ourt !here action is pending, the *$or the S* even if action is pending in thelo!er court. $ppellate court may allo!application for receivership be decided bythe court of origin.

+nly in the court !here action ispending.

*ourt of origin and appellate c-See Ramos vs. *$

Reuisites forgranting application

Sufficient cause of action

*ase is covered by Sec1 Rule 57

/o other sufficient security for theclaim e0ists

$mount due to applicant or value ofproperty he is entitled to recover is eualto the sum !hich the order orattachment is granted

$pplicant is entitled to the reliefdemanded.

$ct#s complained of !ould !orinjustice to the applicant if not enjoined.

$cts sought to be enjoined probablyviolates applicants rights respecting thesubject of the action or proceeding.

$pplicant has interest in the property orfund subject matter of the action orproceeding

Property or fund is in danger of beinglost or removed or materially injured

$ppointment of receiver is the mostconvenient and feasible means ofpreserving, administering or disposing ofthe property in litigation.

$pplicant is the o!ner of theproperty claimed or is entitled to thepossession of the same.

Property is !rongfully detained by theadverse party.

Property is not distrained or taen fora ta0 assessment or a fine pursuantto la!.

$ffidavits, depositions or otherdocuments should sho!, at leastprovisionally, that the applicant is

to receive support.

"hen property isclaimed by thirdperson.

"hen third2part y claimant maes anaffidavit of his title to the property or hisright to the possession thereof, andserves such affidavit to the sheriff and acopy thereof to the attaching party, thesheriff shall not be bound to eep theproperty unless the attaching party filesa bond approved by the court toindemnify the third2party claimant in asum not less than the value of theproperty levied upon. *laim for damagesfor the taing or eeping the propertymust be filed !ithin 134 days from filingof the bond.

.

"hen third2party claimant maes anaffidavit of his title to the property or hisright to the possession thereof, andserve such affidavit to the sheriff and acopy thereof to the attaching party, thesheriff shall not be bound to eep theproperty under replevin unless theapplicant files a bond approved by thecourt to indemnify the third2party claimantin a sum not less than double the value ofthe property levied upon. *laim fordamages for the taing or eeping theproperty must be filed !ithin 134 daysfrom filing of the bond.

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8/12/2019 Chart Prov s Ional Rems

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Preliminary AttachmentPreliminary

Injunction/PreliminaryMandatory Injunction

Receivershi Relevin Suort Pendente Li

%ond Reuirement%ond e0ecuted to the adverse party in the amount fi0ed by the court to cover the costs !hich may be adjudged to the adverse party and all damages !hich he may sustainby reason of the granting of provisional remedy prayed for, if the court shall finally adjudge that the applicant !as not entitled thereto.

%ond e0ecuted to the adverse party indouble the value of the property or thereturn of the property to the adverse partyif such return be adjudged and for thepayment to the adverse party of such sumas he may recover from the applicant ofthe action.

/o bond reuired.

ischarge of

remedy

%y counter2bond6 Party against !hom the provisional remedy is availed of may move for the discharge of the provisional remedy granted by filing a counter2bond in an amount

eual to that fi0ed by the court to the value of the property if !ith respect to a particular property to secure the payment of any judgment that the adverse party may recover inthe action.

/ot applicable.

*ash deposit may be made in lieu of thecounter2bond.

'iling of counter2bond made onlyupon sho!ing that the issuance orcontinuance thereof !ould causeirreparable damage to the party orperson enjoined !hile the applicant canbe fully compensated for such damagesas he may suffer) counter2bond alone !illnot suffice to discharge the injunction.

$mount of counter2bond should also bedouble the value of the property.

+ther grounds6 improper or irregularissuance or enforcement or insufficiencyof bond.

nsufficiency of the application.$ppointment !as obtained !ithoutsufficient cause.

amages in caseapplicant for any ofthe provisionalremed ies notentitled thereto orfor any irregularityin the procurementof provisionalremedy.

+!ner of the property attached must file before trial or before perfection of appeal application for damages.Party !ho availed of provisional remedy and his surety or sureties must be notified, sho!ing right to damages and amount thereof.amages a!arded only after proper hearing) included in judgment of the main case.

'89:;