Definition Grounds Purpose Court Which Can Grant

Preliminary 1. A provisional remedy by which
Attachment the property of an adverse arty
(Rule 57) is taken into legal custody,
either at the commencement
of an action or at any time
thereafter, as a security for the
satisfaction of any judgment
that may be recovered by the
plaintiff or any proper party.
2. It is purely a statutory remedy,
it cannot exist w/o statute
granting it.
3. It cannot be a subject of
separate action independent
of the principal action,
because preliminary
attachment is only incidental
of such action.
4. The attachment must fail if the
principal suit itself cannot be
maintained.
5. The proceeding is in rem or
quasi in rem, the classification
becomes significant when the
non-resident debtor
1. In an action for recovery of specific 1. To seize the property of the The writ of preliminary attachment is a
amount of money or damages, other debtor in advance of final provisional remedy issued by a court
than moral and exemplary damages on judgment and to hold it for where an action is pending. In simple
action from law, contract, quasi- purposes of satisfying said terms, a writ of preliminary attachment
contract, delict or quasi-delict against a judgment. allows the levy of a property which shall
party that is about depart from the 2. To acquire jurisdiction over then be held by the sheriff. This property
Philippine to defraud creditors. the action by actual or will stand as security for the satisfaction
2. In an action for money or property constructive seizure of the of the judgment that the court may
embezzled or fraudulently misapplied property in those instances render in favor of the attaching party.
or converted to his own use by a public where personal or substituted In Republic v. Mega Pacific eSolutions
officer or an officer of a corporation, or service of summons on the (Republic),
an attorney, broker, agent or clerk in defendant can be effected.
the course of his employment, or any
person in a fiduciary capacity.
3. In an action to recover possession of
property unjustly or fraudulently taken,
detained, or converted, when the
property is concealed, removed or
disposed of to prevent its being found
or taken by the applicant or an
authorized person.
4. 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 bought.
5. 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
6. 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.

Preliminary Is an order granted at any stage of an
Injunction action, prior to the judgment or final
(Rule 58) order, requiring party, court, agency or
person to perform or refrain from
performing a particular act or acts.
P.I. my be granted when it is established:
1. 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, either for
1. A writ of preliminary
injunction is issued by the
court to prevent threatened
or continuous irreparable
injury to parties before their
A preliminary Injunction may be granted
by the court where the action or
proceeding is pending. If the action or
proceeding is pending in the court of
Appeals or in the Supreme Court, it may

Temporary It is issued to preserve the status quo
Restraining until the hearing for the writ of
Order (TRO) preliminary injunction, it is a
provisional remedy within a
provisional remedy, it is issued for a
limited period until the court decides
to issue writ of preliminary injunction.
Receivership It is a provisional remedy, it
(Rule 59) presuppose that there is a principal
action or proceeding and that a
property or fund subject to such action
or proceeding requires its
preservation.
Replevin (Rule Replevin, broadly understood, is both a
60) form of principal remedy and of a
provisional relief. It may refer either to
the action itself to regain the
possession of personal chattels being
limited period or perpetually. claims can be thoroughly be issued by the said court or any
2. That the commission, continuance or non- studied and adjudicated and member thereof.
performance of the act or acts complained of during the pendency of an
during the litigation would probably work action.
injustice to the applicant. 2. It is well-settled that the sole
3. That the party, court, agency or a person is objective of a writ of
doing threatening, or is attempting to do, or is preliminary injunction,
procuring or suffering to be done, some act or whether prohibitory or
acts probably in violation of the rights of the mandatory, is to preserve the
applicant respecting the subject of the action or status quo until the merits of
proceeding and tending to render the judgment the case can be heard.
ineffectual.
1. A TRO is issued to preserve the status To preserve the status quo of the To any court where the proceeding is
quo, proceedings. pending. Excluding quasi-judicial Courts
2. When it appears that a great or
irreparable injury would result to the
applicant.
1. If the property or fund is in danger of The aim of receivership is to maintain By the court where the action is pending,
being lost, removed or materially the value, in the preservation of, and or by the court of appeals or by the
injured unless a receiver be appointed at making more secure, existing, supreme court.
to administer and preserve it. rights.
2. There is a action of foreclosure and the
property appears to be in danger of
being dissipated or materially injured,
and that its value is probably
insufficient to discharge the mortgage
debt
3. There is already a judgment and the
receiver is applied for to aid execution.
4. There is a pending appeal and the
receiver is necessary to preserve the
property during pendency.
The applicant must show by his own affidavit or 1. The main action of Replevin is The RTC shall exercise exclusive
that of some other person who personally primarily possessory in jurisdiction if the value of the property
knows the facts: essence. exceed 300,000 outside Metro Manila, or
1. That the applicant is the owner of the 2. It is the primary steps of in Metro Manila the demand exceed
property claimed, particularly foreclosure in chattel 400,00, if the said value is lower than
 wrongfully detained from the plaintiff
by another, or to the provisional
remedy that would allow the plaintiff
to retain the thing during the
pendency of the action is primarily
possessory in nature and generally
determines nothing more than the
right of possession BA Finance
Corporation v C.A., 258 SCRA 102).
Support Support pendente lite is a proceeding
Pendente Lite where the amount of support is
(Rule 61) provisionally fixed by the court in favor
of the person or person entitled
thereto during the pendency of an
action for support or any applicable
principal action.
describing it, or is entitled to the mortgage such jurisdiction shall be exercise by the
possession thereof. MTC, mETC, MCTC or MTCC.
2. That 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.
3. That the property has been distrained
or taken for a tax assessment or a fine
pursuant to law, or seized under a writ
of execution or preliminary
attachment, or otherwise place under
custodia legis
4. The actual market value of the property
Article 198 of the Family Code, during the The purpose is to provide support for Family Court
proceedings for legal separation or annulment the spouses and their children during
of marriage and for the declaration of nullity of the proceeding of legal separation or
marriage, the spouses and their children shall declaration of nullity of marriage.
be supported from the properties of the
absolute community.