TABLE 1
DIFFERENCES AMONG PROVISIONAL REMEDIES
DEFINITION
1. Preliminary A provisional remedy
Attachment (Rule issued upon order of
57) 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
GROUNDS PURPOSE COURT WHICH
CAN GRANT
a. In an action for the recovery of a As security for Supreme Court,
specified amount or damages, the satisfaction Court of
other than moral and exemplary, of any judgment Appeals,
on a cause of action arising from that may be Regional Trial
law, contract, quasi-contract, delict recovered by the Court, Family
or quasi-delict against a party who claimant Court,
is about to depart from the Metropolitan,
Philippines with intent to defraud Municipal and
his creditors; Municipal Circuit
Trial Courts
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)

2. Preliminary An order granted at a. That the applicant is entitled to To preserve the Supreme Court,
Injunction (Rule any stage of an action the relief demanded, and the whole status quo or to Court of
58) or proceeding prior to or part of such relief consists in resolve the last Appeals,
the judgment or final restraining the commission or uncontested Regional Trial
order, requiring a continuance of the act or acts status quo Court, Family
party or a court, complained of, or in requiring the Court,
agency or a person to performance of an act or acts, Metropolitan,
refrain from a either for a limited period or Municipal and
particular act or acts. perpetually; Municipal Circuit
It may also require Trial Courts
the performance of a b. That the commission,
particular act or acts, continuance or non-performance of
in which case it shall the act or acts complained of
be known as a during the litigation would probably
preliminary work injustice to the applicant; or
mandatory injunction
(Section 1) 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. Temporary An order which may a. Matter is of extreme urgency; To prevent grave Supreme Court,
Restraining Order issue upon the filing and injustice and Court of
(TRO) of an application for b. The applicant will suffer grave irreparable injury Appeals,
preliminary injunction injustice and irreparable injury to the applicant Regional Trial
forbidding the before the matter can be heard on before the Court, Family
defendant to do the notice application for a Court,
threatened act until a writ of Metropolitan,
hearing on the preliminary Municipal and
application can be injunction can be Municipal Circuit
had acted upon Trial Courts

4. Receivership Provisional remedy a. When it appears from the To preserve the Supreme Court,
by which the court verified application, and such other property during Court of
appoints a receiver as proof as the court may require, that the pendency of Appeals,
its representative and the party applying for the the litigation or to Regional Trial
in behalf of all the appointment of a receiver has an dispose of it Court, Family
parties to an action interest in the property or fund according to the Court,
for the purpose of which is the subject of the action or judgment when it Metropolitan,
preserving and proceeding, and that such property is finally Municipal and
conserving the or fund is in danger of being lost, rendered or Municipal Circuit
property in litigation removed, or materially injured otherwise to Trial Courts
and to prevent unless a receiver be appointed to carry the
possible wastage or administer and preserve it; judgment into
dissipation or effect
otherwise to carry the b. When it appears in an action by
judgment into effect 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. Replevin Court orders the a. Applicant is the owner of the To prevent the Regional Trial
seizure of chattels or property claimed, particularly subject property Court, Family
goods claimed by a describing it, or is entitled to the from being Court,
party as his which are possession thereof; disposed of Metropolitan,
allegedly wrongfully during the Municipal, and
taken or detained by b. The property is wrongfully pendency of the Municipal Circuit
 another person and to case Trial Courts
be delivered to the detained by the adverse party,
former to be retained alleging the cause of detention
by him during the thereof according to the best of his
pendency of the knowledge, information and belief;
action
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 When equity and justice may To answer the Family Court
Pendente Lite court in which an require having due regard to the material needs
action for support has probable outcome of the case and of the applicant
been filed fixing an such other circumstances as may during the
amount of support to suggest the reasonability of pendency of the
be given by the granting support pendente lite case
adverse party to the
applicant during the
pendency of the case
TABLE 2

BASIC CHARACTERISTICS OF PROVISIONAL REMEDIES

WHEN HOW EFFECTIVITY HOW DISSOLVED/DISCHARGED

AVAILABLE GRANTED

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

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

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

4. Receivership At any stage of Inter-partes Until discharged by a. Filing by the adverse party of a
the proceeding the court counterbond;
and even after
finality of b. If it is shown that the
judgment appointment of a receiver was
obtained without sufficient cause;

c. The court motu proprio or on

motion shall determine that the
necessity of a receiver no longer
exists
TABLE 3

DIFFERENCES OF BONDS IN PROVISIONAL REMEDIES

PROVISIONAL WHETHER AMOUNT UNDERTAKINGS UNDER THE

REMEDY REQUIRED COUNTERBOND

1. Preliminary Required Discretionary with the court but To pay:

attachment not exceeding the applicant’s
claim 1. All costs which may be adjudged to the
adverse party; and

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

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

4. Receivership Required Discretionary with the court To pay damages the adverse party may
sustain by 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 the property a. For the return of the property or its value
to the 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 pendente Not required Not applicable Not applicable

lite
TABLE 4

DIFFERENCES OF COUNTERBONDS IN PROVISIONAL REMEDIES

PROVISIONAL WHETHER IT MAY BE FILED AMOUNT UNDERTAKINGS UNDER THE

REMEDY COUNTERBOND

1. Preliminary Yes Equal to that fixed by the court Payment of any judgment that
attachment in the order of attachment the attaching party may
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 the
Restraining Order claimant, then a counterbond
(TRO) 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
property as stated in the
plaintiff’s affidavit
a. The delivery of the property
or its value to the plaintiff if so
adjudged; and
b. To pay such damages which
the plaintiff may recover
against the defendant
6. Alimony Pendente No Not applicable Not applicable
Lite
TABLE 5

DIFFERENCES AMONG THE THREE (3) MODES OF APPEAL

ORDINARY APPEAL PETITION FOR REVIEW APPEAL BY CERTIORARI

1. How appeal is Ordinary appeal by notice of By filing a petition for review By filing a petition for review on
initiated appeal or record on appeal certiorari

2. Where to appeal a. From the Metropolitan, From the Regional Trial Court to From the Regional Trial Court to
Municipal and Municipal Circuit the Court of Appeals, a decision the Supreme Court on a pure
Trial Courts to the Regional Trial of the Regional Trial Court question of law, a decision of
Courts, and from the Regional rendered in the exercise of its the Regional Trial Court
Trial Courts to the Court of appellate jurisdiction rendered in the exercise of its
Appeals in decisions of the original jurisdiction
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 Circuit Trial Courts
act as Regional Trial Courts

3. Nature of appeal Matter of right Matter of appellate court’s Matter of appellate court’s
discretion discretion

4. To whom Clerk of Court whose decision is Clerk of Court of the Court of Clerk of Court of the Supreme
appellate docket being appealed Appeals Court
and other lawful
fees should be paid
5. Payment of Not a requisite for perfection of A requirement for perfection of A requirement for perfection of
appellate docket appeal but a ground for appeal appeal to be paid to the Clerk of
and other lawful dismissal if not paid on time Court of the Appellate Court
fees as a
requirement of
perfection of appeal

6. Name of parties Appellant – party appealing Petitioner – party appealing Petitioner – party appealing
Appellee – adverse party Respondent – adverse party Respondent – adverse party

7. Requirement of In special proceedings and Not required Not required

record on appeal other cases of multiple or
separate appeals

8. Basic document a. From the Metropolitan, Memoranda when required by Memorandum when required by
to be filed in the Municipal and Municipal Circuit the Court of Appeals the Supreme Court
appellate court Trial Court to the Regional Trial
Court, memorandum
b. From the Regional Trial Court
to the Court of Appeals, briefs

9. Perfection of Upon filing of the notice of
appeal as to appeal in due time or if record
appellant on appeal is required, upon
approval of the record on
appeal in due time
Upon timely filing of a petition Upon timely filing of the petition
for review and payment of for review on certiorari and
corresponding docket and other payment of docket and other
lawful fees lawful fees

10. When court a. In appeal by notice of appeal Upon the perfection of the Upon the perfection of the
whose decision is – upon perfection of the appeal appeals filed in due time and appeals filed in due time and the
being appealed filed in due time and the the expiration of the time to expiration of the time to appeal
loses jurisdiction expiration of the time to appeal appeal by the other parties by the other parties
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 Question of fact, question of law Question of fact, question of Only question of law
which may be and question of fact and law law, question of fact and law
raised

12. How parties are Appellant – party appealing Petitioner – party appealing Petitioner – party appealing
referred to Appellee – adverse party Respondent – adverse party Respondent – adverse party

ANNEX 'A'

Sample Chart for Fast Track System

 I. Pleading Stage (maximum 2 months)

1 Day Complaint filed

Date of filing

10 Service on Administrative
Days Defendant check to see if
complaint is
served within
ten (10) days

20 Answer filed
Days

Date of filing

30 Answer to Administrative
Days counterclaim and/or check to see
cross claim if issues are
joined

II. Pre-Trial Stage (maximum one [1] month)

30 Filing of Pre-Trial Briefs;
Days Settlement conference/mediation

Pre-trial proper

III. Trial Stage (maximum two [2] months)

 30 Presentation of Plaintiff’s evidence
Days

30 Presentation of Defendant’s
Days evidence

IV. Decision-making stag

(maximum of ninety (90) days from submission of case by parties for decision)

TABLE 6

DIFFERENCES BETWEEN CERTIORARI, PROHIBITION AND MANDAMUS

CERTIORARI PROHIBITION MANDAMUS

 1. Purpose of the To annul or modify an act To prevent commission or Compel the performance or act
writ performed by respondent carrying out the 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 judicial or Persons exercising judicial, Persons having legal duty
quasi-judicial functions quasi-judicial and ministerial
functions

4. Nature of the Corrective remedy and refers to Preventive remedy and refers to Directory remedy commanding
remedy acts already consummated acts still to be done a person to do a legal duty

TABLE 7

DIFFERENCES BETWEEN PROHIBITION AND INJUNCTION

PROHIBITION INJUNCTION

1. Respondent Generally a court, tribunal or person exercising judicial or Generally against a party in an action for
ministerial functions injunction

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

3. Nature of the Always a main action with preliminary injunction as a Can be a main action with preliminary injunction
remedy provisional remedy as a provisional remedy

TABLE 8

DIFFERENCES BETWEEN FORCIBLE ENTRY AND UNLAWFUL DETAINER

 FORCIBLE ENTRY UNLAWFUL DETAINER

1. Nature of defendant’s 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) From forcible entry From demand to vacate
year period to file action counted