PRELIMINARY PRELIMINARY
ATTACHMENT INJUNCTION/PRELIMINAR
PURPOSE To have property of adverse
party attached as security for
the satisfaction of judgment
that may be recovered in cases
falling under S1, Rule 57.
WHEN APPLIED/GRANTED At the commencement of the
action or at any time prior to
the entry of judgment
HOW APPLIED FOR
File affidavits and applicant’s
bond
Court where action is
pending, the CA or the SC
WHO MAY GRANT even if action is pending in
the lower court.
REQUISITES FOR  Sufficient cause of action
GRANTING APPLICATION  Case is covered by section
1 Rule 57
 No other sufficient
security for the claim
exists
 Amount due to applicant
or value of property he is
RECEIVERSHIP
Y MANDATORY
INJUNCTION
To require a party or a court,
agency or a person to refrain
from doing a particular act or
acts or to require the
performance of a particular
act or acts.
At any stage prior to the
judgment or final order
File verified application and
applicant’s bond; if
application is included in the
initiatory pleading, the
adverse party should be
served with summons
together with a copy of the
initiatory pleading and the
applicant’s bond
Only the Court where the
action is pending; Lower
Court, Ca or SC provided
action is pending in the same
court which issues the
injunction.
 Applicant is entitled to
the relief demanded
 Act/s complained of
would work injustice to
the applicant if not
enjoined
 Acts sought to be
enjoined probably
REPLEVIN
To place the property subject
of an action or proceeding
under the control of a third
party for its preservation and
administration litis pendentia
At any time prior to
satisfaction of judgment
File verified application and
applicant’s bond; application
may also be included in
initiatory pleading in actions
for foreclosure of mortgage
Court where action is
pending, the CA or the SC
even if action is pending in
the lower court. Appellate
court may allow application
for receivership be decided by
the court of origin.
 Applicant has interest in
the property or fund
subject matter of the
action or proceeding
 Property or fund is in
danger of being lost
removed or materially
injured
SUPPORT PENDENTE LITE
To recover possession of
personal property
At the commencement of the
action but before answer is
filed
File affidavits and applicant’s
bond
Only in the court where action
is pending
 Applicant is the owner of
the property claimed or is
entitled to the possession
of the same
 Property is wrongfully
detained by the adverse
party
 Property is not distrained
To compel adverse party to
provide support while action
is pending in court
At the commencement of the
action or at any time prior to
the judgment or final order
File verified application; bond
not required
Court of origin and appellate
court. (See Ramos v. CA)
 Affidavits, depositions or
other documents should
show, at least
provisionally, that the
applicant is entitled to
receive support
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 PRELIMINARY PRELIMINARY RECEIVERSHIP REPLEVIN SUPPORT PENDENTE LITE
ATTACHMENT INJUNCTION/PRELIMINAR
Y MANDATORY
INJUNCTION
entitled to recover is violates applicant’s rights Appointment of receiver is the or taken for a tax
equal to the sum for respecting the subject of most convenient and feasible assessment or a fine
which the order of the action or proceeding means of preserving, pursuant to law
attachment is granted administering or disposing of
the property in litigation
WHERE PROPERTY IS When third-party claimant When third-party claimant
CLAIMED BY THIRD makes an affidavit of his title makes an affidavit of his title
PERSON to the property or his right to to the property or his right to
the possession thereof and the possession thereof and
serves such affidavit to the serves such affidavit to the
sheriff and a copy thereof to sheriff and a copy thereof to
the attaching party, the sheriff the attaching party, the sheriff
shall not be bound to keep the shall not be bound to keep the
property unless the attaching property under replevin
party files a bond approved by unless the applicant files a
the court to indemnify the bond approved by the court to
third-party claimant in a sum indemnify the third-party
not less than the value of the claimant in a sum not less
property levied upon. Claim than double the value of the
for damages for the taking or property levied upon. Claim
keeping the property must be for damages for the taking or
filed within 120 days from keeping the property must be
filing of the bond. filed within 120 days from
filing of the bond.
Bond executed to the adverse party in the Bond executed to the adverse party in double
amount fixed by the court to cover the costs the value of the property for the return of the
BOND REQUIREMENT which may be adjudged to the adverse party property to the adverse party if such return be
and all damages which he may sustain by adjudged, and for the payment to the adverse No bond required
reason of the granting of provisional remedy party of such sum as he may recover from the
prayed for, if the court shall finally adjudge applicant of the action
that the applicant was not entitled thereto

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 PRELIMINARY PRELIMINARY RECEIVERSHIP REPLEVIN SUPPORT PENDENTE LITE
ATTACHMENT INJUNCTION/PRELIMINAR
Y MANDATORY
INJUNCTION
By counter-bond: Party against whom the provisional remedy
is availed of, may move for the discharge of the provisional
remedy granted by filing a counter-bond in an amount equal to
DISCHARGE OF REMEDY that fixed by the court or equal to the value of the property if Not applicable.
with respect to a particular property to secure the payment of
any judgment that the adverse party may recover in the action

Filing of counter-bond made

only upon showing that the
issuance or continuance
Cash deposit may be made in thereof would cause Amount of counter-bond
lieu of the counter-bond irreparable damage to the should also be double the
party or person enjoined while value of the property
the applicant can be fully
compensated for such
damages as he may suffer;
counter-bond alone will not
suffice to discharge the
injunction.
Other grounds: improper or
irregular issuance or Insufficiency of the Appointment was obtained
enforcement or insufficiency application without sufficient cause
of the bond

3
 PRELIMINARY
ATTACHMENT
DAMAGES IN CASE APPLICANT FOR ANY OF THE
PROVISIONAL REMEDIES NOT ENTITLED THERETO OR
FOR ANY IRREGULARITY IN THE PROCUREMENT OF
PROVISIONAL REMEDY
PRELIMINARY RECEIVERSHIP
INJUNCTION/PRELIMINAR
Y MANDATORY
INJUNCTION
 Owner of property attached must file before trial or before
perfection of appeal application for damages
 Party who availed of provisional remedy and his surety or
sureties must be notified, showing right to damages and
amount thereof
 Damages awarded only after proper hearing; included in
judgment of the main case
If judgment of appellate court is favorable to the party against
whom provisional remedy was effected:
 Application must be filed with the appellate court before
the judgment of the appellate court becomes executory
 Appellate court may allow application to be heard and
decided by the trial court
If bond or deposit given by the party availing of the provisional
remedy be insufficient or fail to satisfy the award:
 Adverse party may recover damages in the same action
REPLEVIN SUPPORT PENDENTE LITE
When judgment or final order finds the person, who has been
providing support pendente lite not liable therefor:
 Court shall order the recipient to return the amounts
already received with interest from the dates of actual
payment
 Recipient may obtain reimbursement from the person
legally obliged to give support (separate action must be
filed for the purpose)
 If recipient fails to reimburse the amount, person who
provided the same may seek reimbursement from the
person legally obliged to give the support (separate action
must be filed for the purpose)
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 Interpleader Declaratory Certiorari Certiorari Quo Expropriation Foreclosure Partition Forcible Detainer Contempt
Relief (COMELEC Prohibition Warranto of Real Entry
and COA) Mandamus Estate
Mortgage
Purose Compel Declaration of rights and Division of real
conflicting duties (reformation of property among the Protect judicial
claimants to instrument, quieting of title, Correcting Taking of Satisfy parties claiming rights system from
litigate their consolidation of ownership) errors of Remove a private creditor thereto Recover unwarranted
claims jurisdiction usurper property for based upon possession in fact intrusion
among public use security
themselves

5
Requisites Conflicting Person has Judgment or Certiorari: A person Property A person Real property A person A person Direct
claims exist interest final order usurps, owned by a owes another is owned by enjoys lawful lawfully takes contempt:
upon the under a deed, has been Any tribunal, intrudes private party a loan several possession of possession of
same subject will, contract rendered by board or into, or persons the property the land at A person
matter or other the officer unlawfully Taking by Loan is the behaved
written COMELEC or exercising holds or government secured by Person Another beginning improperly in
Such claims instrument the COA judicial or exercises for public use mortgage of claiming person the presence
are made quasi judicial office, real property right to the acquires Such lawful or so near a
upon a Person’s Aggrieved functions has position, or Just property possession of possession court
person who rights are party wants rendered franchise compensation Debtor does not the same has ended
claims no affected by a the judgment judgment defaulted in want co- property by Such
interest in statute, or final order A public payment ownership to force, A demand to misbehavior
the subject executive reviewed by a Such officer does continue intimidation, vacate has obstructed or
matter order or higher court tribunal, etc. or suffers an Final threat, been made interrupted
regulation, has acted act which, by demand has strategy or court
ordinance, or without or in the provision been made stealth proceedings
any other excess of its of law,
governmenta jurisdiction constitutes a Indirect
l regulation ground for contempt:
Prohibition: the forfeiture
No breach or of his office; Misbehavior
violation of Proceedings in
the rights has in a tribunal, An performance
yet occurred corporation, association of official
board, officer acts as a functions
or person corporation
exercising within the Disobe-
judicial, Philippines dience to
quasi judicial without lawful court
or ministerial being legally orders
functions are incorporated Abuse or
conducted or without unlawful
without or in lawful interference
excess of its authority so with court
jurisdiction to act processes

Mandamus: Improper
conduct
When any which tends

6
Procedure 1. Complaint 1. Action is 1. 18 copies 1. Petition 1. Verified 1. Verified 1. Complaint
is filed brought of verified must be filed petition in complaint filed
before petition within 60 days the name filed, stating
2. Summons appropriate shall be filed from notice of of the RP right and 2. Court
served upon RTC within 30 judgment is filed purpose of ascertaines
parties days from (Person expropriation amount due
2. All notice of the 2. Court orders claiming to plaintiff
3. Parties persons judgment or respondents to to be 2. Persons and renders
files motion affected final order file comment entitled to owning or judgment
to dismiss or made parties within 10 days a public claiming to ordering
answers the 2. If motion from receipt of office or own any defendant to
complaint 3. Notice to for new trial order position interest pay within a
Sol Gen if or recon- usurped pertaining to within a
4. Pre-trial validity of a sideration is 3. Court may by another the property period not
statue, allowed, order filing of may bring must be less than 90
5. Court executive period to file reply or other action in joined as days but not
determines order or petition is responsive his own defendants more than
parties’ regulation of interrupted. pleadings name) 120 days
respective any other If motion is 3. Plaintiff
rights and government denied, 4. Court may 2. Person may enter 3. If
adjudicate al regulation petition hear the case at whose property after defendant
their several is involved shall be filed or require instance filing fails to pay,
claims within parties to the complaint foreclosure
4. Notice to remaining submit petition is and sale ensues
Note: prosecutor period, in no memoranda brought depositing
Docket fees or attorney case less pays costs with a 4. Costs
paid by of LGU if than 5 days. 5. Court either and government deducted
complainant involving grants petition expenses depositary from
constitute a validity of a 3. Pay or dismisses amount proceeds of
lien upon local docket and the same if it 3. equivalent to sale,
subject ordinance other lawful finds the same Responde assessed value mortgagee
matter of fees and to be patently nt is of property paid amount
the action 5. Court acts deposit of without merit, notified due; if there
on P500 for prosecuted 4. Defendants is excess in
application costs manifestly for 4. Court allowed to file the
delay, or that may objections proceeds,
6. If during 4. SC either the questions reduce same is
pendency of orders raised are too periods for 5. Court rules turned over
action there respon- insubstantial filing on the issue to

7
Jurisdiction RTC RTC SC SC, CA, RTC, SC, CA,
Sandiganbaya RTC
n