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DEFINITION
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GROUNDS
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PURPOSE
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COURT WHICH CAN GRANT
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1. Preliminary Attachment (Rule 57)
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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
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a. In an action for the recovery of a specified amount or damages, other
than moral and exemplary, on a cause of action arising from law, contract,
quasi-contract, delict or quasi-delict against a party who is about to depart
from the Philippines with intent to defraud his creditors;
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 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)
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As security for the satisfaction of any judgment that may be recovered by
the claimant
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Supreme Court, Court of Appeals, Regional Trial Court, Family Court,
Metropolitan, Municipal and Municipal Circuit Trial Courts
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2. Preliminary Injunction (Rule 58)
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An order granted at any stage of an action or proceeding prior to the
judgment or final order, requiring a party or a court, agency or a person to
refrain from a particular act or acts. It may also require the performance of
a particular act or acts, in which case it shall be known as a preliminary
mandatory injunction (Section 1)
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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 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)
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To preserve the status quo or to resolve the last uncontested status quo
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Supreme Court, Court of Appeals, Regional Trial Court, Family Court,
Metropolitan, Municipal and Municipal Circuit Trial Courts
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3. Temporary Restraining Order (TRO)
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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
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a. Matter is of extreme urgency; and
b. The applicant will suffer grave injustice and irreparable injury before
the matter can be heard on notice
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To prevent grave injustice and irreparable injury to the applicant before
the application for a writ of preliminary injunction can be acted upon
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Supreme Court, Court of Appeals, Regional Trial Court, Family Court,
Metropolitan, Municipal and Municipal Circuit Trial Courts
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4. Receivership
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Provisional remedy 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
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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;
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.
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To preserve the property during the pendency of the litigation or to
dispose of it according to the judgment when it is finally rendered or
otherwise to carry the judgment into effect
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Supreme Court, Court of Appeals, Regional Trial Court, Family Court,
Metropolitan, Municipal and Municipal Circuit Trial Courts
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5. Replevin
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Court orders the seizure of chattels or goods claimed by a party as his
which are allegedly wrongfully taken or detained by another person and to be delivered
to the former to be retained by him during the pendency of the action
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a. Applicant is the owner of the property claimed, particularly describing
it, or is entitled to the possession thereof;
b. 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;
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.
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To prevent the subject property from being disposed of during the pendency
of the case
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Regional Trial Court, Family Court, Metropolitan, Municipal, and Municipal
Circuit Trial Courts
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6. Support Pendente Lite
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Order issued by a court in which an 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
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When equity and justice may 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
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To answer the material needs of the applicant during the pendency of the
case
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Family Court
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