A writ of preliminary attachment is defined as a provisional remedy issued upon order of the court

where an action is pending to be levied upon the property or properties of the defendant therein, the
same to be held thereafter by the sheriff as security for the satisfaction of whatever judgment that
might be secured in the said action by the attaching creditor against the defendant.10 However, it
should be resorted to only when necessary and as the last remedy because it exposes the debtor to
humiliation and annoyance.

I, _________________________________, Filipino, of legal age, __________, residing at

_________________________________, after being sworn to in accordance with the law, depose and
say:

1. That I am the plaintiff above-entitled case;That a sufficient cause of actions exists against the
defendant named therein;

2. That this action is one of those specifically mentioned in Sec. 1 of Rule 2 of the Rules of Court,
whereby a writ of preliminary attachment may lawfully issue, namely: “in an action against a party who
has removed or deposed of his property or is about to do so, with intent to defraud his creditors;

3. That there is no sufficient security for the claim sought to be enforced by the present action;T

4.hat the amount due to the plaintiff in the above-entitled case is as much as the sum for which an order
of attachment is proper.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ___________, 20____, in
___________, ___________, Philippines.

_________________________________
Affiant

Where do I file preliminary attachments?

A copy of said writ of attachment and of said notice shall also be filed in the office of the clerk of the
court in which said estate is being settled and served upon the heir, legatee or devisee concerned.

What is the purpose of the affidavit of merit?

An affidavit of merit is a signed document that states that a medical expert has reviewed the plaintiff's
case and agrees that the defendant fell short of the applicable standard of care.
Good faith is a broad term that's used to encompass honest dealing. Depending on the
exact setting, good faith may require an honest belief or purpose, faithful performance of
duties, observance of fair dealing standards, or an absence of fraudulent intent.

Chattel mortgage is a contract by virtue of which personal property i s r e c o r d e d i n t h e

C h a t t e l M o r t g a g e R e g i s t e r a s t h e s e c u r i t y f o r t h e performance of an
obligation. It is an accessory unilateral and formal contract. I f t h e c h a t t e l m o r t g a g e ( o r
r e a l m o r t g a g e ) i s n o t r e c o r d e d t h e mortgagee acquires the right to demand
registration of the contract.

6.Affidavit of good faith It is an oath in the contract of chattel mortgage wherein the
parties “severally swear that the mortgage is made for the purpose of securing the obligation
specified in theconditions thereof and for no other purpose and that the same is the
valid obligation and one not entered into for the purpose of fraud The absence of the
affidavit vitiates a mortgage only as against third persons withoutnotice, like creditors and
subsequent encumbrances. In other words, they are not boundthe mortgage.
7.Exquisites to form contract of chattel mortgage
1.It must be signed by the mortgagor
2.It must be signed by 2 witnesses
3.It must contain an affidavit of good faith
4.It must contain a certificate of oath
5.It must substantially comply with Sec. 5, Act No. 1508 8
.Subject of chattel mortgage
1.Interest in business
2.Ungathered products or growing crops
3.Vessels
4.Shares of Stock
5.Machinery placed by a tenant in plant belonging to another
9.Laws that principally govern chattel mortgage
1.Chattel mortgage law (Act No. 1508)
2.New Civil Code
3.Administrative Code
4.Revised Penal Code
10.Who may exercise the right of redemption when the condition of a chattel
mortgage isbroken
1.The mortgagor
2.A person holding a subsequent mortgage
3.A subsequent attaching creditor.
The redemption is made by paying or delivering to the mortgagee the amount due
onsuch mortgage and the cost and expenses incurred by such breach of condition before
thestate thereof.
11.Kinds of foreclosure of chattel mortgage
1.Judicial foreclosure- The mortgagee institutes an action in the court
2.Extrajudicial foreclosure- T h e s a l e m a d e b y t h e mortgagee himself when authorized
by the chattel mortgage contract or by special law.

Attachment is a legal term referring to the action of seizing property in anticipation of a favorable ruling
for a plaintiff who claims to be owed money by the defendant. Attachment is a preliminary procedure;
the seizure may prove unwarranted if the court rules in favor of the defendant.

Garnishment is a legal process that allows a third party to seize assets of a debtor. For example, a
creditor, who can be a winning party in a suit or a creditor in a bankruptcy case, can acquire the wage of
the debtor through the debtor's employer.

If one of your creditors gets a money judgment against—meaning, the creditor sued you for
nonpayment of a debt and won—it can garnish your wages. With a wage garnishment, sometimes called
a "wage attachment," your employer holds back some of your wages and gives them directly to the
creditor. Some creditors, like the IRS, get special treatment and can garnish your wages without a court
judgment.

replevin is a procedure whereby seized goods may be provisionally restored to their owner pending the
outcome of an action to determine the rights of the parties concerned

Replevin (/rɪˈplɛvɪn/) or claim and delivery (sometimes called revendication) is a legal remedy, which
enables a person to recover personal property taken wrongfully or unlawfully, and to obtain
compensation for resulting losses.

Who has jurisdiction over replevin?

Q: Does the MTC has jurisdiction to entertain replevin case ? A: Yes. If the value of the property is
P100,000.00 and below and in Metro Manila, P200,000.00. Take note: The basis of the jurisdiction is the
value of the property and NOT the value of the bond.

A preliminary injunction is a precaution granted by a judge to make sure no one has an unfair
advantage in a trial.
When can a preliminary injunction be issued?

A preliminary injunction may be granted by the court where the action or proceeding is pending.

Receivership is a court-appointed remedy that may be used to assist creditors in recovering funds due
them when a company is unable to make payments on a loan.

What does receivership mean? In the event that a business defaults on a secured loan, the creditor may
be entitled to appoint a receiver to help them recover their money. When a receiver takes possession of
the business’s assets and liquidates them to recoup money owed to the secured creditor, the business
goes into receivership.

What happens once a receiver is appointed?

 Once a receiver is appointed, a notice of this must be filed with the companies registration
office. Also, all invoices, orders, and business letters must contain a notice that a receiver has
been appointed.

The duties of the receiver include:

 getting the best price for any property sold

distributing the money raised from the sale of assets

reporting on the progress of the receivership

reporting any suspected criminal offences by the company

A receivership occurs for a variety of reasons, but the most common reason is when a borrower defaults
on one or more loans.

Receivers are often appointed by the court, but creditors can also appoint individual receivers.

Ultimately, the receiver must be independent and have the authority to sell company assets.

Alimony pendente lite is a payment from one spouse to the other

while the divorce action is pending. The purpose of alimony
pendente lite is to financially equalize the ability of the parties to
pursue the divorce action.

SPECIAL CIVIL ACTIONS (Rules 62 – 71)

Ordinary civil actions versus special civil actions

(1) Although both types of actions are governed by the rules for ordinary civil actions, there are
certain rules that are applicable only to specific special civil actions (Sec. 3[a], Rule 1). The fact that an
action is subject to special rules other than those applicable to ordinary civil actions is what makes a
civil action special.
(2) An ordinary civil action must be based on a cause of action (Sec. 1, Rule 2). This means that the

defendant must have performed an act or omitted to do an act in violation of the rights of another (Sec.

2, Rule 2). These definitions do not fit the requirements of a cause of action in certain special civil

actions. The cause of action as defined and required of an ordinary civil action finds no application to the

special civil action of declaratory declaratory relief. In finds no application also in a complaint for

interpleader. In this action, the plaintiff may file a complaint even if he has sustained no actual

transgression of his rights. In fact, he actually has no interest in the subject matter of the action. This is

not so in an ordinary civil action.

(3) Ordinary civil actions may be filed initially in either the MTC of the RTC depending upon the

jurisdictional amount or the nature of the action involved. On the other hand, there are special civil

actions which can only be filed in an MTC like the actions for forcible entry and unlawful detainer. There

are also special civil actions which cannot be commenced in the MTC, foremost of which are the

petitions for certiorari, prohibition, and mandamus.

(4) The venue in ordinary civil actions is determined by either the residence of the parties where the

action is personal or by the location of the property where the action is real. This dichotomy does not

always apply to a special civil action. For instance, the venue in a petition for quo warranto iw where the

Supreme Court or the Court of Appeals sits if the petition is commenced in any of these courts and

without taking into consideration where the parties reside. It is only when the petition is lodged with the

RTC that the residence is considered in venue analysis. While in ordinary civil actions the residences of

both the plaintiff and the defendant are factored in the determination, a petition for quo warranto
failed

in the RTC merely looks into the residence of the respondent, not that of the petitioner. But if it is the

Solicitor General who commences the action, another special rule is followed because the petition may

only be commenced in the RTC in Manila, in the Court of Appeals or in the Supreme Court.

(5) While ordinary civil actions when filed are denominated as “complaints”, some special civil actions

are not denominated as such but “petitions”.

(a) Special civil actions initiated by filing of a Petition:

1. Declaratory relief other than similar remedies;

2. Review of adjudication of the COMELEC and COA;

3. Certiorari, prohibition and mandamus;

4. Quo warranto; and

5. Contempt

(b) Special civil actions initiated by filing of a Complaint:

1. Interpleader;

2. Expropriation;

3. Foreclosure of real estate mortgage;

4. Partition; and

5. Forcible entry and unlawful detainer.

Jurisdiction and venue

(1) The subject matter of a petition for declaratory relief raises issues which are not capable of

pecuniary estimation and must be filed with the Regional Trial Court (Sec. 19[1], BP 129; Sec. 1, Rule 63).

It would be error to file the petition with the Supreme Court which has no original jurisdiction to

entertain a petition for declaratory relief (Untied Residents of Dominican Hill vs. Commission on the

Settlement of Land Problems, 353 SCRA 782; Ortega vs. Quezon City Government, 469 SCRA 388).

Interpleader (Rule 62)

(1) Interpleader is a person who has property in his possession or an obligation to render, wholly or

partially without claiming any right therein, or an interest in which in whole or in part is not disputed by

the claimants, comes to court and asks that the persons who consider themselves entitled to demand

compliance with the obligation be required to litigate among themselves in order to determine finally

who is entitled to the same.

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(2) Interpleader is a special civil action filed by a person against whom two conflicting claims are made

upon the same subject matter and over which he claims no interest, to compel the claimants to

interplead and to litigate their conflicting claims among themselves (Sec. 1).
Requisites for interpleader

(1) There must be two or more claimants with adverse or conflicting interests to a property in the

custody or possession of the plaintiff;

(2) The plaintiff in an action for interpleader has no claim upon the subject matter of the adverse

claims or if he has an interest at all, such interest is not disputed by the claimants;

(3) The subject matter of the adverse claims must be one and the same; and

(4) The parties impleaded must make effective claims.

When to file

(1) Whenever conflicting claims upon the same subject matter are or may be made against a person

who claims no interest whatever in the subject matter, or an interest which in whole or in part is not

disputed by the claimants, he may bring an action against the conflicting claimants to compel them to

interplead and litigate their several claims among themselves (Sec. 1).

Declaratory Reliefs and Similar Remedies (Rule 63)

(1) An action for declaratory relief is brought to secure an authoritative statement of the rights and

obligations of the parties under a contract or a statute for their guidance in the enforcement or

compliance with the same (Meralco vs. Philippine Consumers Foundation, 374 SCRA 262). Thus, the

purpose is to seek for a judicial interpretation of an instrument or for a judicial declaration of a person’s

rights under a statute and not to ask for affirmative reliefs like injunction, damages or any other relief

beyond the purpose of the petition as declared under the Rules.

(2) The subject matter in a petition for declaratory relief is any of the following:

(a) Deed;

(b) Will;

(c) Contract or other written instrument;

(d) Statute;

(e) Executive order or regulation;

(f) Ordinance; or

(g) Any other governmental regulation (Sec. 1).

(3) The petition for declaratory relief is filed before there occurs any breach or violation of the deed,
contract, statute, ordinance or executive order or regulation. It will not prosper when brought after a

contract or a statute has already been breached or violated. If there has already been a breach, the

appropriate ordinary civil action and not declaratory relief should be filed.

Who may file the action

(1) Any person interested under a deed, will, contract or other written instrument or whose rights are

affected by a statute, executive order or regulation, ordinance or other governmental regulation may

before breach or violation thereof, bring an action in the RTC to determine any question of construction

or validity arising and for a declaration of his rights or duties, thereunder (Sec. 1).

(2) Those who may sue under the contract should be those with interest under the contract like the

parties, the assignees and the heirs as required by substantive law (Art. 1311, Civil Code).

(3) If it be a statute, executive order, regulation or ordinance, the petitioner is one whose rights are

affected by the same (Sec. 1, Rule 63). The other parties are all persons who have or claim any interest

which would be affected by the declaration. The rights of person not made parties to the action do not

stand to be prejudiced by the declaration (Sec. 2).

Requisites of action for declaratory relief

(1) The subject matter must be a deed, will, contract or other written instrument, statute, executive

order or regulation or ordinance;

(2) The terms of said document or the validity thereof are doubtful and require judicial construction;

(3) There must have been no breach of said document;

(4) There must be actual justiciable controversy or the ripening seeds of one( there is threatened

litigation the immediate future); there must be allegation of any threatened, imminent and inevitable

violation of petitioner’s right sought to be prevented by the declaratory relief sought;

(5) The controversy is between persons whose interests are adverse;

(6) The issue must be ripe for judicial determination e.g. administrative remedies already exhausted;

(7) The party seeking the relief has legal interest in the controversy; and

(8) Adequate relief is not available thru other means.

(9) Stated otherwise, the requisites are:

(a) There must be a justiciable controversy;

(b) The controversy must be between persons whose interests are adverse;

(c) The party seeking the relief must have legal interest in the controversy; and

(d) The issue is ripe for judicial determination (Republic vs. Orbecido III, 472 SCRA 114).

When court may refuse to make judicial declaration

(1) Grounds for the court to refuse to exercise declaratory relief;

(a) A decision would not terminate the uncertainty or controversy which gave rise to the action; or

(b) The declaration or construction is not necessary and proper under the circumstances as when the

instrument or the statute has already been breached (Sec. 5).

(4) In declaratory relief, the court is given the discretion to act or not to act on the petition. It may

therefore choose not to construe the instrument sought to be construed or could refrain from declaring

the rights of the petitioner under the deed or the law. A refusal of the court to declare rights or construe

an instrument is actually the functional equivalent of the dismissal of the petition.

(5) On the other hand, the court does not have the discretion to refuse to act with respect to actions

described as similar remedies. Thus, in an action for reformation of an instrument, to quiet or to

consolidate ownership, the court cannot refuse to render a judgment (Sec. 5).

Conversion to ordinary action

(1) If before final termination of the case, a breach should take place, the action may be converted
into

ordinary action to avoid multiplicity of suits (Republic vs. Orbecido, G.R. No. 154380, Oct. 5, 2005).

(2) Ordinary civil action – plaintiff alleges that his right has been violated by the defendant; judgment

rendered is coercive in character; a writ of execution may be executed against the defeated party.

(3) Special civil action of declaratory relief – an impending violation is sufficient to file a declaratory

relief; no execution may be issued; the court merely makes a declaration.

Proceedings considered as similar remedies

(1) Similar remedies are:

(a) Action for reformation of an instrument;

(b) Action for quieting of title; and

(c) Action to consolidate ownership (Art. 1607, Civil Code).

Reformation of an instrument

(1) It is not an action brought to reform a contract but to reform the instrument evidencing the

contract. It presupposes that there is nothing wrong with the contract itself because there is a meeting

of minds between the parties. The contract is to be reformed because despite the meeting of minds of

the parties as to the object and cause of the contract, the instrument which is supposed to embody the

agreement of the parties does not reflect their true agreement by reason of mistake, inequitable

conduct or accident. The action is brought so the true intention of the parties may be expressed in the

instrument (Art. 1359, CC).

(2) The instrument may be reformed if it does not express the true intention of the parties because of

lack of skill of the person drafting the instrument (Art. 1363, CC). If the parties agree upon the mortgage

or pledge of property, but the instrument states that the property is sold absolutely or with a right of

repurchase, reformation of the instrument is proper (Art. 1365, CC).

(3) Where the consent of a party to a contract has been procured by fraud, inequitable conduct or

accident, and an instrument was executed by the parties in accordance with the contract, what is

defective is the contract itself because of vitiation of consent. The remedy is not to bring an action for

reformation of the instrument but to file an action for annulment of the contract (Art. 1359, CC).

(4) Reformation of the instrument cannot be brought to reform any of the following:

a) Simple donation inter vivos wherein no condition is imposed;

(b) Wills; or

(c) When the agreement is void (Art. 1666, CC).

Consolidation of ownership

(1) The concept of consolidation of ownership under Art. 1607, Civil Code, has its origin in the

substantive provisions of the law on sales. Under the law, a contract of sale may be extinguished either

by legal redemption (Art. 1619) or conventional redemption (Art. 1601). Legal redemption (retracto
legal) is a statutory mandated redemption of a property previously sold. For instance, a co-owner of a

property may exercise the right of redemption in case the shares of all the other co-owners or any of

them are sold to a third person (Art. 1620). The owners of adjoining lands shall have the right of

redemption when a piece of rural land with a size of one hectare or less is alienated (Art. 1621).

Conventional redemption (pacto de retro) sale is one that is not mandated by the statute but one which

takes place because of the stipulation of the parties to the sale. The period of redemption may be fixed

by the parties in which case the period cannot exceed ten (10) years from the date of the contract. In
the

absence of any agreement, the redemption period shall be four (4) years from the date of the contract

(Art. 1606). When the redemption is not made within the period agreed upon, in case the subject matter

of the sale is a real property, Art. 1607 provides that the consolidation of ownership in the vendee shall

not be recorded in the Registry of Property without a judicial order, after the vendor has been duly

heard.

(2) The action brought to consolidate ownership is not for the purpose of consolidating the ownership

of the property in the person of the vendee or buyer but for the registration of the property. The lapse
of

the redemption period without the seller a retro exercising his right of redemption, consolidates

ownership or title upon the person of the vendee by operation of law. Art. 1607 requires the filing of the

petition to consolidate ownership because the law precludes the registration of the consolidated title

without judicial order (Cruz vs. Leis, 327 SCRA 570).

Quieting of title to real property

(1) This action is brought to remove a cloud on title to real property or any interest therein. The action

contemplates a situation where the instrument or a record is apparently valid or effective but is in truth

and in fact invalid, ineffective, voidable or unenforceable, and may be prejudicial to said title to real

property. This action is then brought to remove a cloud on title to real property or any interest therein.
It

may also be brought as a preventive remedy to prevent a cloud from being cast upon title to real

property or any interest therein (Art. 476).

(2) The plaintiff need not be in possession of the real property before he may bring the action as long
as he can show that he has a legal or an equitable title to the property which is the subject matter of the

action (Art. 477)

An interpleader is a way for a party who holds property (a stakeholder) to initiate a suit between all
claimants, who are parties claiming a right to that property.

For example, an insurance company handles a deceased individual's life insurance benefits.

Declaratory relief refers to a court's declaratory judgment stating the rights of parties without ordering
any specific action or listing awards for damages.

certiorari is a court process to seek judicial review of a decision of a lower court or government
agency.

Prohibition is the act or practice of forbidding something by law

mandamus official order from a court of law stating that a person or organization must do a particular
thing: A court may issue a writ of mandamus to force a public official to perform a mandated act.

A writ of quo warranto is a common law remedy which is used to challenge a person's right to hold a
public or corporate office.

Eminent domain refers to the power of the government to take private property and convert it
into public use,

eminent domain is usually reserved for things such as: highways, dams, reservoirs, national parks,
stadiums, housing, or even shopping centers and factories
“Eminent Domain” – is the power of local, state or federal government agencies to take private
property for “public use” so long as the government pays “just compensation.” The government can
exercise its power of eminent domain even if the owner does not wish to sell his or her property

Foreclosure the action of taking back property that was bought with borrowed money because the
money was not being paid back as formally agreed,

Partition is the separation, division and assignment of a thing held in common among those to whom it
may belong (Article 1079, New Civil Code of the Philippines). The subject of division may be the thing
itself or its value.

An action for partition is at once an action for declaration of co-ownership and for segregation and
conveyance of a determinate portion of the properties involved. Partition is the proper remedy for
compulsory or legal heirs to get their legitime or share of the inheritance from the decedent.

In forcible entry, one is deprived of physical possession of any land or building by means of force,
intimidation, threat, strategy, or stealth. In unlawful detainer, one unlawfully withholds possession
thereof after the expiration or termination of his right to hold possession under any contract, express or
implied.
Contempt of court is an act of disrespect or disobedience toward a court or interference with its orderly
process. Examples include disrupting court proceedings, interfering with attempts to obtain evidence,
destroying evidence, disobeying a court order, and intimidating witnesses.

A contempt order may address behavior both in and outside the courtroom, including public displays of
disrespect toward the court. In short, you risk being found in contempt of court if you act in a disruptive,
disrespectful way or threaten a case's fair verdict or outcome.