Definition/

Nature of
Remedy

Purpose

Main action
or only a
provisional
remedy?

Preliminary Attachment

Preliminary Injunction

Replevin

RULE 58

Temporary Restraining Order

(TRO)
RULE 58

Receivership

RULE 57

RULE 59

RULE 60

RULE 61

A provisional remedy issued upon

order of the court where an action
is pending to be levied upon the
property or properties of the
adverse party therein, the same to
be held thereafter by the sheriff as
security for the satisfaction of
whatever judgment might be
secured in said action by the
attaching party against the adverse
party. (Davao Light vs. CA)

An order granted at any stage of an

action or proceeding prior to the
judgment or final order, requiring a
party or court, agency or a person to
refrain from a particular act or
acts/perform a particular act or acts.

An order which may issue upon the

filing of an application for
preliminary injunction forbidding the
defendant to do the threatened act
until a hearing on the application can
be had.

2 Kinds
(a)Preliminary
Prohibitory/Preventive Injunctionrefrain from a particular act or acts

Replevin is an action whereby

the owner or person entitled
to repossession of goods or
chattels may recover those
goods or chattels from one
who has wrongfully distrained
or taken, or who wrongfully
detains such goods or
chattels.

It is a provisional remedy
which grants a person entitled
to support an amount enough
for his sustenance, dwelling,
clothing, medical attendance,
education and transportation
while the action is pending in
court.

Kinds of Attachments
(a)Preliminary Attachment
(b)Garnishmentwhere
the
plaintiff seeks to subject the
property of the defendants in the
hands of a third person to his
claim, Or the money which the
third person owes the defendant
(c)Levy on execution- a writ
issued by the court after judgment
by which the property of the
judgment obligor is taken under
custody of the court before the
sale of the property on execution
for the satisfaction of a final
judgment

(b)Preliminary Mandatory
Injunction-perform a particular act
or acts

2 Kinds
(a)The 72-hour TRO- issued by the
executive judge of the multiple sala
court or the presiding judge of the
single sala court in matters of
extreme urgency and grave injustice
and irreparable injury

One by which the court appoints a

receiver as its representative and in
behalf of all the parties to an action
for the purpose of preserving and
conserving the property in litigation
and to prevent possible wastage or
dissipation or otherwise to carry the
judgment into effect.

The action is primarily

possessory in nature and
generally determines nothing
more than the right of

2 instances for support

pendente lite
(a) In an action for support
(b)In a criminal action where
civil liability includes support
for the offspring provided the
civil aspect thereof has not
been waived, reserved or
instituted prior to its filing

(a)To have the property of adverse

party attached as security for the
satisfaction of judgment that may
be recovered in cases falling under
Sec 1, Rule 57.
Provisional/Ancillary remedy only

PROVISIONAL REMEDIES

Prohibitory Injunction vs.

Prohibition
Prohibitory
injunction
is
a
provisional remedy directed to a
litigant not to a tribunal and is issued
to require said party to refrain from a
particular act whereas Prohibition is
a special civil action seeking a
judgment commanding a tribunal,
corporation, board or officer to desist
from further proceeding in the action
because it has no jurisdiction, acting
in excess of jurisdiction or has
gravely abused its discretion
amounting to lack of jurisdiction.
Mandatory Injunction vs.
Mandamus
Mandatory injunction is directed to
party litigant not to a tribunal and is
issued to require a party to perform
an act to restore the last peaceable
uncontested status preceding the
controversy whereas Mandamus is a
special civil action seeking a
judgment commanding a tribunal,
board, officer or person to perform a
ministerial duty required to be
performed by law.
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.
Both (May be applied as a Main
Action or as a provisional/ancillary
remedy

Receiver
-an indifferent person between the
parties to a cause appointed by the
court to receive and preserve the
property or fund in litigation.

possession, NOT Ownership

(b)The normal 20 day TRO- issued

by the regular court judge after raffle
on the ground on great and
irreparable injury

(a)To preserve status quo

(b)To prevent grave injustice and
irreparable injury to the applicant
before the application for a writ of
preliminary injunction can be acted
upon.
Both (May be applied as a Main
Action or as a provisional/ancillary
remedy

Support Pendente Lite

Replevin as Ancillary Remedy

vs. Preliminary Attachment
The former is extends to
personal property capable of
manual delivery whereas the
latter extends to all kinds of
property whether real or
personal. The former cannot
be availed of if the property is
in custodia legis, except when
the seizure is illegal, whereas
the latter can still be resorted
to even if the property is in
custodia legis

To preserve and protect the rights of

the parties during the pendency of
the litigation, during the pendency of
the appeal or as an aid in the
execution of judgment when the writ
of execution has been returned
unsatisfied.
Both (May be applied as a Main
Action or as a provisional/ ancillary
remedy

To recover possession
personal property

of

Both (May be applied as a

Main Action or as a
provisional/ancillary remedy

To compel the adverse party

to give support for sustenance

Both (May be applied as a

Main Action or as a
provisional/ancillary remedy
The main action is Support
and the provisional remedy is
Support Pendente Lite

When is it
applied?

(a)At the commencement of the

action or
(b) at any time prior to the entry of
judgment

At any stage prior to the judgment

or final order
Final order- is that which disposes of
the
whole
subject-matter
or
terminates the particular proceedings
or action, leaving nothing to be done
but to enforce by execution what has
been determined

Grounds for
issuance
(a) In an action for the recovery of
a specified amount of money or
damages, other than moral and
exemplary, on a cause of action
arising from law, contract, quasicontract, delict or quasi-delict
against a party who is about to
depart from the Philippines with
intent to defraud his creditors;

-Insolvency or mere inability of the debtor

to fulfill his obligation to pay a debt in an
action for a sum of money does not justify
the issuance of writ of preliminary
attachment
-Mere departure from the Philippines
without showing intent to defraud will not
warrant the issuance of the writ
-Cause of action must be money or
damages, the amount of which must be
specified arose from law, contract, quasicontract, delict or quasi-delict
-Not applicable for action for recovery of
moral or exemplary damages and other
unliquidated and contingent claims

(b) In an action for money or

property
embezzled
or
fraudulently
misapplied
or
converted to his own use by a
public officer, or an officer of a
corporation, or an attorney, factor,
broker, agent, or clerk, in the
course of his employment as such,
or by any other person in a
fiduciary capacity, or for awillful
violation of duty;

- Applies to defendant or any person acting

in a fiduciary character
-Person acted in a manner as to willfully
violate his duty not to embezzle,
fraudulently misapply or not to convert
money or property for his own use
-Action against a public officer who
misappropriate funds entrusted to him by
virtue of his office
-Action against officer of the corporation
who converted the corporate funds for
personal use

During the pendency of the

application for a writ or preliminary
injunction

(a) That the applicant is entitled to

the relief demanded, and the whole
or part of such relief consists in
restraining the commission or
continuance of the act or acts
complained of, or in requiring the
performance of an act or acts either
for a limited period or perpetually;

(b)
That
the
commission,
continuance or non-performance of
the act or acts complained of during
the litigation would probably work
injustice to the applicant; or

(c) That a party, court, agency or a

person is doing, threatening, or is
attempting to do, or is procuring or
suffering to be done some act oracts
probably in violation of the rights of
the applicantrespecting the subject of
the action or proceeding, and tending
to render the judgment ineffectual.

(a)The applicant will suffer great

or irreparable injury before the
matter can be heard on notice---the court to which application for
preliminary injunction was made,
may issue an ex parte TRO to be
effective only for 20 days from
service to the party.
(b)Matters of extreme urgency and
the applicant will suffer grave
injustice and irreparable injury---the court may issue an ex parte
TRO effective for only 72 hours
from issuance.
(Sec 5, Rule 58)

At any stage of the proceeding

Even after the judgment becomes
final and executory to aid execution
or carry judgment into effect.
(Philippine Trust Company vs.
Santamaria)

(a) When it appears from the verified

application, and such other proof as
the court may require, that the party
applying for the appointment of a
receiver has an interest in the
property or fund which is the subject
of the action or proceeding, and that
such property or fund is in danger of
being lost, removed, or materially
injured unless a receiver be
appointed to administer and preserve
it;

a)At the commencement of

the action or

(a)At the commencement of

the proper action or

(b) at any time before answer

(b) at any time prior to the

judgment or final order

(a) That the applicant is the

owner of the property
claimed,
particularly
describing it, or is entitled to
the possession thereof and
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 ;

When equity and justice

require, having due regard to
the probable outcome of the
case
and
such
other
circumstances
as
may
suggest the reasonability of
granting support pendente
lite
The applicant states the
grounds for claim and the
financial conditions of both
parties accompanied with
affidavits, depositions or
other authentic documents in
support thereof

(b) When it appears in an action by

the mortgagee for the foreclosure of a
mortgage that the property is in
danger of being wasted or dissipated
or materially injured, and that its
value is probably insufficient to
discharge the mortgage debt, or that
the parties have so stipulated in the
contract of mortgage;

(c) After judgment, to preserve the

property during the pendency of an
appeal, or to disposeof it according to
the judgment, or to aid execution
when the execution has been returned
unsatisfied or the judgment obligor
refuses to apply his property in
satisfaction of the judgment, or
otherwise to carry the judgment into
effect;

(d) Whenever in other cases it

appears that the appointment of a
receiver is the most convenient and
feasible means of preserving,
administering, or disposing of the
property in litigation.

(Sec 1, Rule 59)

(c) In an action to recover the

possession of property unjustly or
fraudulently taken, detained or
converted, when the property, or
any
part
thereof,
has
beenconcealed,
removed,
or
disposed of to prevent its being
found or taken by the applicant or
an authorizedperson;

1
(d) In an action against a party
who has been guilty of a fraud in
contracting the debt or incurring
the obligation upon which the
action is brought, or in the
performance thereof;

PROVISIONAL REMEDIES
PROVISIONAL REMEDIES (INTERIM RELIEFS) IN A PETITION FOR WRIT OF AMPARO
Upon filing of petition or at any time before final judgment
The Interim reliefs are:
(a)
Temporary protection order (TPO)
Upon motion or motu proprio, may order that the petitioner or aggrieved party and any members of his immediate family be protected in a government agency or by an accredited person or private institution.
May be issued motu proprio or ex parte without the need of hearing in view of its urgency.
(b)

Witness protection order (WPO)

Upon motion or motu propio may issue a witness protection order for a witness to be admitted to the witness protection program.
May be issued motu proprio or ex parte

(c)

Inspection order (IO)

Upon verified motion and after due hearing, may order any person in possession or control of a designated land or other property to permit entry for the purpose of inspecting, measuring, surveying or photographing the property or any relevant
object or operation thereon.
Motion for inspection order shall be supported by affidavits or testimonies of witnesses having personal knowledge of the enforced disappearance or whereabouts of he aggrieved party
If motion is opposed on the ground of national security or of privileged nature of the information, the court may conduct hearing in chamber to determine the merit of opposition.
Cannot be issued motu proprio or ex parte
Lifetime of 5 days but can be extended for justifiable circumstances

(d)

Production order (PO)

Upon verified motion and after due hearing, may order the person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, object or tangible things, objects of digitized or electronic form, which
constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing.
Cannot be issued motu proprio or ex parte
Under oath and should have supporting affidavits
Lifetime of 5 days but can be extended for justifiable circumstances
If the judge gravely abuse his discretion in issuing inspection order as when it compromise national security, the aggrieved party is not precluded from filing petition for certiorari with the SC.

Like a horse, I can bring you closer to the river but I cannot compel you to drink. Its all up to you-JM