PROVISIONAL REMEDIES writs and

processes that are not main actions and are

dependent for their application the existence
of a principal action.
They are temporary, auxiliary or ancillary
remedies available to the litigant for the
purposes of: P S2 P
a. Preserving/protecting
rights
and
interest of the applicant during pendency
of the principal action;
b. Securing judgement;
c. Preserving the Status quo of the things
subject matter of the action or the
relation between the parties; and
d. Preserve the subject matter of the
action.
RULES OF COURT: A I R2 S
Preliminary
Attachment,
Preliminary
Injunction, Receivership, Replevin, Support
Pendente Lite
FAMILY COURT: H A V G T
Hold departure order, Administration of
common properties, Visitation rights of
parents, Guardian ad litem, Temporary
custody of minors
WRIT OF AMPARO: T I P W
Temporary protection order, Inspection
order, Production order, Witness protection
order
WRIT OF KALIKASAN: T-EPO
(Temporary) Environmental Protection Order
HUMAN SECURITY ACT: F S R
Freeze
Order
and
Inspection
and
examination of accounts, Seizure and
Sequestration of Accounts and Assets,
Restriction of Travel Order
PRELIMINARY ATTACHMENT RULE 57
GROUNDS: R E Po G Re S
1. In actions for Recovery of specified sum
of money or damages other than moral or
exemplary, on cause of action arising
from Law, Contracts, Quasi-contracts,
Delicts or Quasi-Delicts against a party
about to depart from the Philippines with
the intent to defraud his creditors
2. In actions for money or property
Embezzled or fraudulently misapplied or
converted to his own use by a
public/private officer, broker, agent,
attorney, factor or clerk during the course
of employment or by any person in
fiduciary capacity or for a willful violation
of duty.
3. In actions to recover Possession of
property that has been fraudulently or
unjustly taken, detained or converted
when the property or part thereof has
been concealed, disposed or removed to

prevent it from being found by the

applicant or any authorized person.
4. In actions against persons Guilty of fraud
in contracting debt (dolo causante) or
incurring or performing obligations upon
which is the basis of the action (dolo
incidente).
5. In actions against persons who Removed
or disposed of his property with the intent
to defraud his creditors.
6. In actions against non-resident persons
not found in the Philippines or on whom
Summons is Served by publication.
REQUISITES: B A N G S
1. Sufficient cause of action.
2. Grounds
3. Affidavit showing No sufficient security to
cover claim
4. Amount claimed in the action is as much
as the sum of the order granted and
above all counterclaims.
5. Bond executed by the applicant and
affidavit
PURPOSE:
1. To have the property of the adverse party
attached as security for the satisfaction of
judgement that may be recovered in cases
falling under Sec. 1 of Rule 57, wherein fraud
was employed.
2. To enable the court to have jurisdiction
over the action by the actual or constructive
seizure of property in those instances where
personal service against the adverse party
cannot be effected. (Rule 57, Sec. 1, #6)
OBJECT: P R E S D
1. Personal property capable of manual
delivery.
2. Real Property or any interest therein.
3. Estate of the decedent, any interest
therein.
4. Stocks or shares or any interest therein.
5. Debts and Credits
WHEN: At the commencement of the action
(incorporated) OR at any time prior to entry
of judgement (separate motion).
HOW:
1. File an affidavit and applicants bond
2. Court issues order granting application
3. Writ of attachment is issued
4. Writ is implemented. (prior, jurisdiction
acquired)
5. S C A B O if personal service is possible.
Service of Summons
Copy of complaint
Application for attachment
Bond of applicant and Affidavit
Order and Writ of attachment
HEARING REQUIRED? No. may be heard ex
parte. (Reason, dishonest person might

conceal, dispose or remove his property

before court could take it into custodia legis.)
WHERE:
1. Court where the action is pending
2. CA or SC even if action is pending in the
lower court.
3RD PARTY REMEDIES:
1. File a Third party claim (Terceria)
2. File Independent action to recover
property
3. File a Motion for intervention before
judgement
After 3rd party files serve copy to sheriff and
applicant
Sheriff will not be bound to attach unless
applicant files another bond with leave of
court for the 3rd party claimant within 120
days. (also in Replevin)
ADVERSE PARTY REMEDIES:
Grounds for discharge of Preliminary
Attachment:
C J E2 D I
1. Counter-bond or cash deposit
with leave of court, to cover for the
costs that maybe adjudged or
damages that maybe sustained
to/by adverse party
2. Judgement is rendered against applicant
3. Exempt from execution (G B E L2 T S P2 C
F3)
4. Excessive attachment (discharge is only
on excess)
5. Defective or Insufficient application
6. Improperly or Irregularly issued
General Rule: No sale should be made
during pendency of the action
Exceptions:
1. object/subject attached is perishable
2. interest of all the parties will be subserved
PRELIMINARY INJUNCTION RULE 58
GROUNDS: P2 I E
1. Threatened injury incapable of Pecuniary
estimation.
2. Act/s sought to be enjoined Probably
violates the applicants rights
3. Act/s if not enjoined, will work Injustice to
applicant.
4. Applicant is Entitled to the relief
demanded
EXCEPTIONS TO GROUNDS:
1. Foreclosure
of
a
mortgage
by
government bank.
2. Infrastructure projects of government
(unless SC issues the writ).
3. Development of natural resources.
REQUISITES: U2 N I V B
1. Unmistakable and clear right
2. Urgency, to prevent irreparable injury

3.
4.
5.
6.

No other injury present to prevent injury

Invasion of right
Verified application
Bond executed by the applicant

PURPOSE:
Directed towards a party or court, agency or
person to
1. Refrain from (prohibitory) a particular
act/s
2. Perform (mandatory a particular act/s
OBJECT: Particular act/s
WHEN: At any stage prior to judgement or
final order.
HOW:
1. File a verified application and applicants
bond
2. Court issues order granting application
3. Writ of injunction is issued
4. Writ is implemented. (prior, jurisdiction
acquired)
5. S C A B O if personal service is possible.
Service of Summons
Copy of complaint
Application for injunction
Bond of applicant and Affidavit
Order and Writ of Injunction
6. PI
->
Final
Injunction
(becomes
permanent if applicant is truly entitled)
HEARING REQUIRED? YES. 24hrs after
sheriffs return of service/records received by
court branch.
EXCEPTION:
1. If great irreparable injury would result,
TRO 20days (RTC), 60days (CA), Indefinite
(SC), from notice to adverse party
2. If great irreparable injury + grave
injustice,
TRO
72hours/3days
from
issuance, ex parte (extendable if hearing
within 72hours/3days
*TRO total shall not exceed 20days, inclusive
of 72hours/3days
PI vs TRO
No definite Date,
petition to be
decided within 6
months
Refrains/Requires
Act(s)
Notice and hearing
req.

Definite Date

Preserves Statusquo
May be granted ex
parte

ORDINARY JUDGE vs MULTI SALA/SINGLE

SALA JUDGES
72 hours
20 days inclusive of
first 72 hours
Issued before raffle
Issued after raffle
Issued ex-parte
Issued after
summary hearing
WHERE:

1. ONLY the Court where the action is

pending
2. CA or SC
3. Sandiganbayan and CTA
ADVERSE PARTY REMEDIES:
Grounds for objection/dissolution of
Preliminary Injunction/TRO: C O D E
1. Counter-bond only if great irreparable
injury + grave injustice
2. Opposing Grounds presented by adverse
party

3. Defective or Insufficient application

4. Excessive extent (dissolution is only on
excess, modified)
General
Rule:
Injunction
N/A
to
consummated acts
Exceptions: Acts are continuing, violates
rights of a party
RECIEVERSHIP RULE 59