Professional Documents
Culture Documents
1 Thessalonians 5:24
The cross declares, “it is done!”
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
-in the amount fixed by the court (in its order granting -in the name of party against whom
the issuance of the writ) attachment is issued
-or not appearing at all upon such records or
CONDITION that -belonging to the party against whom
-the latter will pay all costs (which may be adjudged to attachment is issued and held by another
the adverse party) and person
-all damages which may sustain by reason of -or standing on the records of the ROD in the name
attachment (if the court shall finally adjudge that of any other person
applicant was not entitled thereto)
BY FILING with ROD a
Sec. 5 Manner of attaching property -copy of the order together with
Sheriff enforcing the writ (without delay and with all -description of attached property
reasonable diligence) -notice that it is attached or that such real
-attach (to await judgment and execution in the action) property and any interest therein held by or
-only so much of the property in the Philippines (of the standing in the name of such other person are
party against whom writ is issued) attached and
-not exempt from execution
-as may be sufficient to satisfy the applicant’s demand BY LEAVNG copy (order, description, notice)
-with occupant
UNLESS the former (against whom writ is issued) -or other person / agent within province
-makes a deposit or
-gives a counter-bond where property has been brought under the operation
-executed to the applicant of”
-in the amount fixed by the court (in the order) -LRA (Land Reg. Act) or
-or value of the property to be attached -PRD (Property Registration Decree)
-exclusive of costs the notice shall contain:
-a reference to the number of certificate title
No levy on attachment pursuant to writ issued under -volume and page in reg. book where
sec. 2 hereof shall be enforced unless certificate is registered and
-it is preceded or contemporaneously accompanied by: -reg. owner(s) thereof
-service of summons
-copy of complaint The ROD must INDEX attachments filed under this sec.
-application of attachment (aff) -in the names of the applicant
-order of attachment -the adverse party or
-applicant’s bond on defendant within PH -the person by whom property is held or
-in whose name it stands in the records
The requirement of prior/contemporaneous service of
summons shall not apply: If attachment is not claimed on the entire area of the
1. summons could be served personally or by land covered by the certificate title
substituted service despite diligent efforts -a description sufficiently accurate for the identity of
2. PH resident who is absent the land/interest to be affected shall be included in the
3. Defendant is non-resident of PH reg. of such attachment
4. Action is in rem or quasi in rem
b) PERSONAL PROPERTY
Sec. 6 Sheriff’s return (capable of manual delivery)
(After enforcement of the writ)
The sheriff must likewise (without delay) BY TAKING and SAFELY KEEPING IT in his custody
-make a RETURN thereon after issuing corresponding receipt therefor
-with full statement of his proceedings under
the writ and c) STOCKS/SHARES OR INTEREST in stocks and
-complete inventory of the property attached shares
together w/ (of any corporation or company)
-any counter-bond given by the party (against
whom attachment is issued) and BY LEAVING
-to the court from which writ is issued -with president or managing agent thereof
-and serve copies thereof on the applicant -a copy of the writ
-and notice (stating that the stock/interest of
Sec. 7 Attachment of real and personal property; the party against whom attachment is issued –
recording thereof is attached pursuant of such writ)
Real and personal property shall be attached by the
sheriff executing the writ in the ff manner: d) DEBTS AND CREDITS including
a) REAL PROP -bank deposits
(growing crops thereon/any interest therein) -financial interest
-standing upon the record of ROD of the province -royalties
-commissions and
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
UNLESS such property is delivered or transferred or the court may ORDER such property
such debts are paid to -to be SOLD at public auction in such manner as it may
-clerk direct
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
Notice of deposit – shall be served on attaching party No claim for damages (for taking or keeping the
property) may be enforced against the bond
Upon discharge of an attachment -unless the action is therefore is filed WITHIN 120
-property attached or DAYS from date of FILING of bond
-proceeds of any sale thereof
shall be delivered to the party making deposit or giving **Note: Claim for damages for taking property against
counter-bond or person appearing on his behalf bond - may only be filed within 120 days from filing
Apply for new order of attachment Nothing prevents (same or separate action)
-should counter-bond found to be or become -claimant
INSUFFICIENT and no additional counter bond is filed. -3rd person
from vindicating his property
Sec. 13 Discharge of attachment on other grounds -attaching party – from claiming damages against 3 rd-
Party (whose property has been ordered attached) party claimant who filed FRIVOLOUS or SPURIOUS
-may FILE a motion (with a court in which action is claims
pending)
-before or after levy or even after release NO bond required for REPUBLIC OF PHILIPPINES
-for an ORDER to set aside / discharge the attachment -writ of attachment in favor of RP/Officer representing
on the grounds that: -filing of bond shall not be required
-same was improperly/irregularly issued or
enforced Solicitor general – represents sheriff if he is sued for
-bond was insufficient damages (writ in favor of RP)
-actual damages paid by the National treasurer out of
If the attachment is EXCESSIVE, discharge shall be funds to be appropriated for that purpose
limited to excess.
If the motion be made on affidavits (on the part of the Sec. 15 Satisfaction of judgment out of property
movants but not otherwise) attached, return of sheriff
-the attaching party may oppose the motion by If judgment be recovered by the attaching party and
COUNTER AFFIDAVITS or execution thereon
-other evidence in addition to that on which
attachment was made.
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
-the sheriff may cause the judgment to be satisfied out -it shall be applied under the direction of the court to
of the property attached (if it be sufficient for that the satisfaction of any judgment rendered in favor of
purpose) in the following manner: the attaching party
a) BY PAYING TO JUDGMENT OBLIGEE – the -and (after satisfying the judgment) the BALANCE shall
proceeds of all sales of perishable or other be REFUNDED to the depositor or his assignee
property sold in pursuance of the order of the
court, or so much as shall be necessary to If the judgment is in favor of the party against whom
satisfy the judgment attachment was issued
-the whole sum deposited must be REFUNDED to him
b) If any BALANCE REMAINS DUE – by SELLING or his assignee
so much of the property (real or personal) – as
may be necessary to satisfy the balance, if Sec. 19 Disposition of attached property where
enough for that purpose remain in the sheriff’s judgment is for party against whom attachment was
hands, or in those of the clerk of the court issued
If judgment be rendered against the attaching party
c) BY COLLECTING from all persons having in -all the proceeds (of sales and money collected or
their possession credits belonging to the received by sheriff, under the order of attachment)
judgment obligor, or owing debts or the latter -and all property attached remaining in any such
(at the time of the attachment of such sheriff’s hands
credits/debts as determined by the court in the -shall be delivered to the party against whom
action, and stated in the judgment), and attachment was issued
PAYING the proceeds of such collection over to -and the order of attachment discharged
the judgment obligee.
Sec. 20 Claim for damages on account of improper,
The sheriff shall forthwith make a RETURN (in writing) irregular or excessive attachment
-to the court of his proceedings under this section and An application for damages on account of improper,
-furnish the parties with copies thereof irregular or excessive attachment
-must be FILED
Sec. 16 Balance due collected upon an execution; -before the trial or
excess delivered to judgment obligor -before appeal is perfected or
If AFTER REALIZING all the property attached -before the judgment becomes executory
-including the proceeds of any debts or credits -with due notice to the attaching party and his
collected and surety(ies), setting forth the facts showing his right to
-applying the proceeds to the satisfaction of the damages and amount thereof
judgment,
-less the expenses of the proceedings upon the Such damages may be awarded only AFTER proper
judgment, hearing and shall be included in the judgment on the
main case
-any balance shall remain due, the sheriff must
proceed to COLLECT SUCH BALANCE as upon If the judgment of the appellate court be favorable to
ORDINARY EXECUTION the party against whom the attachment was issued
-he must claim damages sustained during the
Whenever the judgment shall have been paid, the pendency of the appeal
sheriff (upon reasonable demand), must RETURN to the -BY FILING an APPLICATION in the appellate court
judgment obligor -with notice to the party (in whose favor attachment
-the attached property REMAINING in his hands, and was issued or his surety(ies)
-any proceeds of the sale of the property attached not -before the judgment of the appellate court becomes
applied to the judgment executor
Sec. 17 Recovery upon the counter-bond The appellate court may allow the application to be
(When judgment has become EXECUTORY), heard and decided by the trial court
-the surety (ies) on any counter-bond (given pursuant to
this Rule to secure the payment of the judgment) Nothing herein contained shall prevent the party
-shall become CHARGED on such counter-bond against whom the attachment was issued
-and bound to PAY the judgment – which amount may -from recovering (in the same action) the damages
be recovered from such surety(ies) awarded to him from any property of the attaching
party (not exempt from execution)
-after notice and summary hearing in the same action -should the bond or deposit given by the latter be
insufficient or fail to fully satisfy the award
Sec. 18 Disposition of money deposited
Where the party against whom attachment had been
issued
-had deposited money instead of giving counter-bond
@mardymarg Page | 5
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
@mardymarg Page | 6
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
-within 72 hours, the judge (before whom the Sec. 7 Service of copies of bonds; effect of disapproval
case is pending) shall conduct a summary of same
hearing to determine whether the TRO shall be The party filing a bond (in accordance with the
extended until preliminary injunction can be provisions of this Rule)
heard -shall forthwith serve a copy of such bond on the other
party
TRO Effectivity -who may except to the sufficiency of the
Total period of TRO – cannot exceed 20 days including bond, or of surety(ies) thereon
72 hours provided herein.
Injunction shall be dissolved
TRO effectivity is NOT extendible (no need for judicial -applicant’s bond is insufficient in amount
declaration). -surety(ies) fail to justify and
-a bond sufficient in amount with sufficient sureties
No court shall have authority to extend or renew TRO approved after justification is not filed forthwith
on the same ground.
Injunction shall be granted or restored
Application for preliminary injunction – denied or not -bond of adverse party is found to be insufficient in
resolved amount
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
RULE 59 – RECEIVERSHIP
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
return unsatisfied or the judgment obligor
refuses to apply his property in satisfaction of
the judgment
-or otherwise to carry the judgment into effect
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
d) Whenever (in other cases) it appears that -if applicant’s or receiver’s bond is found to be
-the appointment of a receiver is the most insufficient in amount
convenient and feasible means of -or if surety(ies) thereon fail to justify
-preserving -and a bond sufficient in amount with sufficient
-administering sureties approved after justification not filed forthwith
-or disposing of the property in
litigation Receiver shall be appointed or reappointed
-if the bond of adverse party is found to be insufficient
During the pendency of an appeal in amount or
-appellate court may allow an application (for the -the surety(ies) thereon fail to justify,
appointment of a receiver) to be filed in and decided by -and a bond sufficient in amount with sufficient
the court of origin and the receiver appointed to be sureties approved after justification is not filed
subject to the control of said court forthwith
Sec. 4 Oath and bond receiver Sec. 7 Liability for refusal or neglect to deliver
Before entering upon his duties property to receiver
-the receiver shall be sworn to perform them faithfully May be punished for contempt and shall be liable to
-and shall file a bond receiver for money or value of property and other
-executed to such person in such sum as the things so refused or neglected to be surrendered
court may direct together with all damages that may have been
-to the effect that he will faithfully discharge sustained by the party(ies) entitled thereto as a
his duties in the action or proceeding and obey consequence of such refusal or neglect
the orders of the acourt -A person who refuses or neglects
-upon reasonable demand
Sec. 5 Service of copies of bonds; effect of disapproval -to deliver to the receiver
of the same -all the property, money, books, deeds, notes, bills,
Serve a copy thereof on each interested party documents and papers within this power or control
-by person filing a bond in accordance with the -subject of or involved in the action or proceeding
provisions of this Rule -or in case of disagreement
-interested party may except to its sufficiency or
surety(ies) thereon Sec. 8 Termination of receivership; compensation of
receiver
Application shall be denied or receiver discharged Court (motu proprio or on motion of either party)
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
@mardymarg Page | 10
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
Sec. 3 Order
Upon filing of such affidavit and approval of the bond
The court shall
-issue an order
-and the corresponding writ of replevin
Writ of replevin
-describing the personal property alleged to be
wrongfully detained
-and requiring the sheriff forthwith to take such
property into his custody
c) Property has not been distrained or taken for If he does not object, he may
-tax assessment -any time before delivery of the property to applicant
-or fine pursuant to law -require return thereof
-or seized under a writ of execution or -by filing with the court where action is
-seized under a writ of preliminary attachment pending a bond
-or otherwise placed under custodial egis -executed to the applicant
-or if so seized – exempt from such seizure or -double the value of the property as stated in
custody the applicant’s affidavit
-and for the payment of such sum to him as
d) AMV of the property may be recovered against the adverse party
-and by serving a copy of such bond on
Applicant’s bond applicant
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
Within 120 days from the date of the filing of the bond
-period wherein claim for damages for the taking or
keeping of the property may be enforced against the
bond
Solicitor General
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
Sec. 1 Application
At the commencement of the proper action or
proceeding o
At any time proper to judgment or final order
Sec. 2 Comment
Service (shall be served upon adverse party)
-a copy of the application
-all supporting documents
Comment
-adverse party shall have 5 days to comment thereon
-unless upon adverse party’s motion, a different period
is fixed by the court
-accompanied by affidavits, depositions or other
authentic documents in support thereof
Sec. 3 Hearing
After the comment is filed or
After the expiration of the period for its filing
Hearing
-not more than 3 days thereafter
-facts in issue shall be proved in the same manner as is
provided for the evidence in motions
Sec. 4 Order
The court
-shall determine provisionally the pertinent facts, and
-shall render such orders as justice and equity may
require
(having due regard to the probable outcome of the
case and such other circumstances as may aid in the
proper resolution of the question involved)
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
Denied application
-the principal case shall be tried and decided as early
as possible
Application
-may be filed successively by:
-the offended party
-her parents
-grandparents
-guardian and the
-State
-in the corresponding criminal case during its
pendency
-in accordance with the procedure established under
this Rule
SPECIAL CIVIL ACTIONS (IDR-CQEF-PFC)
Sec. 7 Restitution
(When the judgment or final order of the court finds RULE 62 – INTERPLEADER
that the person who has been providing support RULE 63 – DECLARATORY RELIEF AND SIMILAR
pendent lite is NOT LIABLE therefore) REMEDIES
-court shall order the recipient thereof to RETURN to RULE 64 – REVIEW OF JUDGMENTS AND FINAL
the former the ORDERS OR RESOLUTIONS OF THE COMELEC
-amounts already paid AND COA
-with legal interest from the dates of actual RULE 65 – CERTIORARI, PROHIBITION AND MANDAMUS
payment RULE 66 – QUO WARRANTO
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He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
@mardymarg Page | 15
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
Section 2. Parties.
All persons who have or claim any interest which
would be affected by the declaration shall be made
parties;
@mardymarg Page | 16
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
@mardymarg Page | 17
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
@mardymarg Page | 18
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”
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