ANNEX: TABLES

Table 1 Differences among Provisional Remedies

Table 2 Basic Characteristics of Provisional Remedies
Table 3 Differences of Bonds in Provisional Remedies
Table 4 Differences of Counterbonds in Provisional Remedies
Table 5 Differences among the Modes of Appeal
Table 6 Differences between Certiorari, Prohibition and Mandamus
Table 7 Differences between Prohibition and Injunction
Table 8 Differences between Forcible Entry and Unlawful Detainer

TABLE 1
DIFFERENCES AMONG PROVISIONAL REMEDIES

DEFINITION GROUNDS PURPOSE COURT WHICH CAN

GRANT

1. A provisional remedy a. In an action for the As security for the Supreme Court, Court
Preliminar issued upon order of recovery of a specified satisfaction of any of Appeals, Regional
y the court where an amount or damages, judgment that may be Trial Court, Family
Attachmen action is pending to be other than moral and recovered by the Court, Metropolitan,
t (Rule 57) levied upon the exemplary, on a cause claimant Municipal and
property or properties of action arising from Municipal Circuit Trial
of the adverse party law, contract, quasi- Courts
therein, the same to contract, delict or
be held thereafter by quasi-delict against a
the sheriff as security party who is about to
for the satisfaction of depart from the
whatever judgment Philippines with intent
might be secured in to defraud his
said action by the creditors;
attaching party b. In an action for
against the adverse money or property
party 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 a willful violation
of duty;
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
been concealed,
removed or disposed
of to prevent its being
found or taken by the
applicant or an
authorized person;
d. In an action against
a party who has been
guilty of fraud in
contracting the debt or
 incurring the
obligation upon which
the action is brought,
or in the performance
thereof;
e. In an action against
a party who has
removed or disposed
of his property, or is
about to do so, with
intent to defraud his
creditors;
f. In an action against
a party who does not
reside and is not
found in the
Philippines, or on
whom summons may
be served by
publication (Section 1)

2. An order granted at a. That the applicant To preserve the status Supreme Court, Court
Preliminar any stage of an action is entitled to the relief quo or to resolve the of Appeals, Regional
y or proceeding prior to demanded, and the last uncontested Trial Court, Family
Injunction the judgment or final whole or part of such status quo Court, Metropolitan,
(Rule 58) order, requiring a relief consists in Municipal and
party or a court, restraining the Municipal Circuit Trial
agency or a person to commission or Courts
refrain from a continuance of the act
particular act or acts. or acts complained of,
It may also require the or in requiring the
performance of a performance of an act
particular act or acts, or acts, either for a
 in which case it shall limited period or
be known as a perpetually;
preliminary mandatory b. That the
injunction (Section 1) 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 or acts
probably in violation of
the rights of the
applicant respecting
the subject of the
action or proceeding,
and tending to render
the judgment
ineffectual (Section 3)

3. An order which may a. Matter is of extreme To prevent grave Supreme Court, Court
Temporary issue upon the filing of urgency; and injustice and of Appeals, Regional
Restrainin an application for b. The applicant will irreparable injury to Trial Court, Family
g Order preliminary injunction suffer grave injustice the applicant before Court, Metropolitan,
(TRO) forbidding the and irreparable injury the application for a Municipal and
defendant to do the before the matter can writ of preliminary Municipal Circuit Trial
 threatened act until a be heard on notice injunction can be Courts
hearing on the acted upon
application can be had

4. Provisional remedy by a. When it appears To preserve the Supreme Court, Court

Receivers which the court from the verified property during the of Appeals, Regional
hip appoints a receiver as application, and such pendency of the Trial Court, Family
its representative and other proof as the litigation or to dispose Court, Metropolitan,
in behalf of all the court may require, that of it according to the Municipal and
parties to an action for the party applying for judgment when it is Municipal Circuit Trial
the purpose of the appointment of a finally rendered or Courts
preserving and receiver has an otherwise to carry the
conserving the interest in the property judgment into effect
property in litigation or fund which is the
and to prevent subject of the action
possible wastage or or proceeding, and
dissipation or that such property or
otherwise to carry the fund is in danger of
judgment into effect being lost, removed,
or materially injured
unless a receiver be
appointed to
administer and
preserve it;
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
dispose of 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.
 During the pendency
of an appeal, the
appellate court may
allow an application
for the appointment of
a receiver to be filed
in and decided by the
court of origin and the
receiver appointed to
be subject to the
control of said court.

5. Court orders the a. Applicant is the To prevent the subject Regional Trial Court,
Replevin seizure of chattels or owner of the property property from being Family Court,
goods claimed by a claimed, particularly disposed of during the Metropolitan,
party as his which are describing it, or is pendency of the case Municipal, and
allegedly wrongfully entitled to the Municipal Circuit Trial
taken or detained by possession thereof; Courts
another person and to b. The property is
be delivered to the wrongfully detained by
former to be retained the adverse party,
by him during the alleging the cause of
pendency of the detention thereof
action according to the best
of his knowledge,
information and belief;
c. The property has
not been distrained or
taken of 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;
d. The actual market
value of the property.

6. Support Order issued by a
Pendente court in which an
Lite action for support has
been filed fixing an
amount of support to
be given by the
adverse party to the
applicant during the
pendency of the case
When equity and To answer the Family Court
justice may require material needs of the
having due regard to applicant during the
the probable outcome pendency of the case
of the case and such
other circumstances
as may suggest the
reasonability of
granting support
pendente lite

TABLE 2
BASIC CHARACTERISTICS OF PROVISIONAL REMEDIES

WHEN HOW EFFECTIVIT HOW DISSOLVED/DISCHARGED

AVAILABLE GRANTED Y

1. At any stage Ex-parte/or During the By order of the court after notice and hearing on
Preliminary of the action upon motion pendency of the ground that the preliminary attachment was
Attachment but before and hearing the case improperly or irregularly issued or enforced or the
entry of final unless bond is insufficient and when the adverse party
judgment earlier makes a cash deposit or files a counterbond
discharged executed to the attaching party with the clerk of
or quashed court where the application is made in an amount
by the court equal to that fixed by the court in the order of
attachment, exclusive of cost

2. At any stage Upon motion During the By order of the court upon affidavit of the party
Preliminary of the action and hearing pendency of enjoined or if it appears after hearing that
Injunction but before the case although the applicant is entitled to the injunction
judgment or unless or restraining order, the issuance or continuance
final order earlier thereof would cause irreparable damage to the
discharged party or person enjoined while the applicant can
or quashed be fully compensated for such damages as he
by the court may suffer and the former files a counterbond

3. During the General Not more a. Upon resolution by the court of the application
Temporary pendency of Rule: Inter- than 20 days for a writ of preliminary injunction or the expiration
Restraining the partes from service of the 20-day period from service of the writ upon
Order (TRO) application (Summary upon the the party, whichever comes first;
for a writ of hearing) person b. Upon affidavit of the party enjoined or after
preliminary Exception: sought to be hearing if it appears that although the applicant is
injunction TRO enjoined entitled to a TRO, the issuance or continuance
granted by thereof, would cause irreparable damage to the
Judge for 72 party enjoined while the applicant can be fully
hours Ex- compensated for such damage as he may suffer
parte upon the applicants filing of a counterbond

4. At any stage Inter-partes Until a. Filing by the adverse party of a counterbond;

Receivershi of the discharged b. If it is shown that the appointment of a receiver
p proceeding by the court was obtained without sufficient cause;
and even c. The court motu proprio or on motion shall
after finality determine that the necessity of a receiver no
of judgment longer exists
 TABLE 3
DIFFERENCES OF BONDS IN PROVISIONAL REMEDIES

PROVISIONAL WHETHER AMOUNT UNDERTAKINGS UNDER THE COUNTERBOND

REMEDY REQUIRE
D

1. Preliminary Required Discretionary with To pay:

attachment the court but not 1. All costs which may be adjudged to the adverse party;
exceeding the and
applicants claim 2. All damages which the adverse party may sustain by
reason of the attachment if the court shall finally adjudge
that the applicant was not entitled thereto

2. Preliminary Required Discretionary with To pay all damages which the adverse party may sustain
injunction the court by reason of the injunction if the court shall finally decide
that the applicant was not entitled thereto

3. Temporary Required When required, To pay all damages which the adverse party may sustain
Restraining but the discretionary with by reason of the injunction, if the court shall finally decide
Order (TRO) court may the court that the applicant was not entitled thereto
exempt

4. Receivership Required Discretionary with To pay damages the adverse party may sustain by
the court reason of the appointment of a receiver in case the
applicant shall have procured such appointment without
sufficient cause

5. Replevin Required Double the value of a. For the return of the property or its value to the
the property adverse party if such be adjudged; and
b. To pay to defendant such damages as he may recover
 from the applicant in the action

6. Support Not Not applicable Not applicable

pendente lite required
 TABLE 4
DIFFERENCES OF COUNTERBONDS IN PROVISIONAL REMEDIES

PROVISIONAL WHETHER IT MAY BE AMOUNT UNDERTAKINGS UNDER

REMEDY FILED THE COUNTERBOND

1. Preliminary Yes Equal to that fixed by the Payment of any judgment

attachment court in the order of that the attaching party may
attachment recover in the action

2. Preliminary Yes Discretionary with the court Pay all damages which the
injunction applicant may suffer by the
denial or the dissolution of
the injunction or restraining
order

3. Temporary Yes. If a bond was filed by
Restraining the claimant, then a
Order (TRO) counterbond may be filed by
the adverse party; but if no
bond is filed by the former,
what the adverse party can
file is a bond
Discretionary with the court
Pay all damages which the
applicant may suffer by the
denial or the dissolution of
the injunction or restraining
order

4. Receivership
Yes Discretionary with the court To pay all damages which the
applicant may suffer by
reason of the acts, omissions,
or other matters specified in
the application or ground for
such appointment
5. Replevin Yes Double the value of the a. The delivery of the
property as stated in the property or its value to the
plaintiffs affidavit plaintiff if so adjudged; and
b. To pay such damages
which the plaintiff may
recover against the defendant

6. Alimony No Not applicable Not applicable

Pendente Lite

DIFFERENCES AMONG THE THREE (3) MODES OF APPEAL
1. How appeal is initiated
2. Where to appeal
TABLE 5
ORDINARY APPEAL PETITION FOR REVIEW APPEAL BY
CERTIORARI
Ordinary appeal by notice By filing a petition for By filing a petition for
of appeal or record on review review on certiorari
appeal
a. From the Metropolitan, From the Regional Trial From the Regional Trial
Municipal and Municipal Court to the Court of Court to the Supreme
Circuit Trial Courts to the Appeals, a decision of the Court on a pure question
Regional Trial Courts, and Regional Trial Court of law, a decision of the
from the Regional Trial rendered in the exercise Regional Trial Court
Courts to the Court of of its appellate jurisdiction rendered in the exercise
Appeals in decisions of of its original jurisdiction
the Regional Trial Court
rendered in the exercise
of their respective original
jurisdictions
b. From the Metropolitan,
Municipal and Municipal
Circuit Trial Courts to the
Court of Appeals for
decisions rendered by the
said courts in the exercise
of their delegated
jurisdiction, in which case
the Metropolitan,
Municipal and Municipal

3. Nature of appeal
4. To whom appellate
docket and other lawful
fees should be paid
5. Payment of appellate
docket and other lawful
fees as a requirement of
perfection of appeal
6. Name of parties
7. Requirement of record
on appeal
8. Basic document to be
filed in the appellate court
Circuit Trial Courts act as
Regional Trial Courts
Matter of right Matter of appellate courts Matter of appellate courts
discretion discretion
Clerk of Court whose Clerk of Court of the Clerk of Court of the
decision is being Court of Appeals Supreme Court
appealed
Not a requisite for A requirement for A requirement for
perfection of appeal but a perfection of appeal perfection of appeal to be
ground for dismissal if not paid to the Clerk of Court
paid on time of the Appellate Court
Appellant party Petitioner party Petitioner party
appealing appealing appealing
Appellee adverse party Respondent adverse Respondent adverse
party party
In special proceedings Not required Not required
and other cases of
multiple or separate
appeals
a. From the Metropolitan, Memoranda when Memorandum when
Municipal and Municipal required by the Court of required by the Supreme
Circuit Trial Court to the Appeals Court
Regional Trial Court,
memorandum
b. From the Regional Trial
Court to the Court of
Appeals, briefs
9. Perfection of appeal as Upon filing of the notice of
to appellant appeal in due time or if
record on appeal is
required, upon approval
of the record on appeal in
due time
10. When court whose a. In appeal by notice of
decision is being appeal upon perfection
appealed loses of the appeal filed in due
jurisdiction time and the expiration of
the time to appeal of the
other parties
b. In appeal by record on
appeal upon approval of
the records on appeal
filed in due time and the
expiration of its time to
appeal of the other parties
11. As to questions which Question of fact, question
may be raised of law and question of fact
and law
12. How parties are Appellant party
referred to appealing
Appellee adverse party
Upon timely filing of a Upon timely filing of the
petition for review and petition for review on
payment of corresponding certiorari and payment of
docket and other lawful docket and other lawful
fees fees
Upon the perfection of the Upon the perfection of the
appeals filed in due time appeals filed in due time
and the expiration of the and the expiration of the
time to appeal by the time to appeal by the
other parties other parties
Question of fact, question Only question of law
of law, question of fact
and law
Petitioner party Petitioner party
appealing appealing
Respondent adverse Respondent adverse
party party
 TABLE 6
DIFFERENCES BETWEEN CERTIORARI, PROHIBITION AND MANDAMUS

CERTIORARI PROHIBITION MANDAMUS

1. Purpose of the writ To annul or modify an act To prevent commission or Compel the performance
performed by respondent carrying out the act or act desired

2. Act sought to be Judicial or quasi-judicial Judicial, quasi-judicial or Legal duty

controlled functions ministerial functions

3. Respondent Persons exercising Persons exercising Persons having legal duty

judicial or quasi-judicial judicial, quasi-judicial and
functions ministerial functions

4. Nature of the remedy Corrective remedy and Preventive remedy and Directory remedy
refers to acts already refers to acts still to be commanding a person to
consummated done do a legal duty
 TABLE 7
DIFFERENCES BETWEEN PROHIBITION AND INJUNCTION

PROHIBITION INJUNCTION

1. Respondent Generally a court, tribunal or person Generally against a party in an action

exercising judicial or ministerial for injunction
functions

2. Courts jurisdiction Lack or excess of jurisdiction may be Jurisdiction of the court is not
a ground questioned

3. Nature of the remedy Always a main action with preliminary Can be a main action with preliminary
injunction as a provisional remedy injunction as a provisional remedy
 TABLE 8
DIFFERENCES BETWEEN FORCIBLE ENTRY AND UNLAWFUL DETAINER
FORCIBLE ENTRY UNLAWFUL DETAINER

1. Nature of defendants possession Unlawful from the beginning Initially lawful, then it becomes
unlawful

2. Demand to vacate No need There is a need

3. Proof of prior possession Plaintiff must prove it Not necessary for plaintiff to prove it

4. From what point is the one (1) year From forcible entry From demand to vacate
period to file action counted