Section
1.
Availability
of
provisional
remedies.
The
provisional
remedies
in
civil
actions,
insofar
as
they
are
applicable,
may
be
availed
of
in
connection
with
the
civil
action
deemed
instituted
with
the
criminal
action.
(1a)
Section
2.
Attachment.
When
the
civil
action
is
properly
instituted
in
the
criminal
action
as
provided
in
Rule
111,
the
offended
party
may
have
the
property
of
the
accused
attached
as
security
for
the
satisfaction
of
any
judgment
that
may
be
recovered
from
the
accused
in
the
following
cases:
(a)
When
the
accused
is
about
to
abscond
from
the
Philippines;
(b)
When
the
criminal
action
is
based
on
a
claim
for
money
or
property
embezzled
or
fraudulently
misapplied
or
converted
to
the
use
of
the
accused
who
is
a
public
officer,
officer
of
a
corporation,
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)
When
the
accused
has
concealed,
removed,
or
disposed
of
his
property,
or
is
about
to
do
so;
and
(d)
When
the
accused
resides
outside
the
Philippines.
(2a)
CLASS
NOTES
BY
RACHELLE
ANNE
GUTIERREZ
ATTY.
TRANQUIL
SALVADOR
I.
Provisional
Remedies
Definition:
A
momentary
remedy
which
cannot
stand
without
the
principal
case.
1. Attachment
!
To
secure
property
to
address
civil
aspect
of
the
judgment.
a. Applicable
to:
i. Crimes
against
property
only
!
BP
22,
robbery
or
estafa.
ii. Not
to
crimes
against
persons
!
homicide,
rape,
etc.
b. 4
Grounds
i. If
the
accuse
absconds
ii. If
the
accused
misappropriates
or
embezzles
with
abuse
of
trust
iii. If
the
accused
removes
or
conceals
property
iv. If
the
accused
does
not
reside
in
the
Philippines
(even
if
there
is
no
allegation
of
fraud)
2. Injunction
!
To
stop
or
enjoin
someone
from
doing
something.
(e.g.
estafa
!
transfer
of
money
is
continuous)
a. Differs
from
preliminary
mandatory
injunction.
3. Receivership
!
The
purpose
is
to
be
able
to
preserve
the
subject
of
the
litigation
from
bing
dissipated
while
the
action
is
pending.
4. Replevin
!
Recovery
of
personal
property
a. Can
only
be
filed
anytime
before
answer.
b. Has
no
application
in
criminal
cases
because
there
is
no
such
thing
as
answer
in
criminal
cases.
5. Support
Pendente
Lite
!
Applicable
in
instances
where
as
a
result
in
the
commission
of
the
offense,
a
child
is
born.