GROUP 2 PROVISIONAL REMEDIES

COURSE OUTLINE
Rule 57- Preliminary Attachment
I. Grounds for issuance of writ of attachment
II. Issuance and contents of order of attachment; affidavit and bond
III. Contents of affidavit of applicant
IV. Condition of applicants bond
V. Manner of attaching property
- Rule on prior or contemporaneous service of summons; general rule
- Exceptions to Contemporaneous Service of Summons
VI. Sheriffs Return
VII. Manner of attachment of real and personal property; recording
VIII. Effect of Attachment of debts, credits and all other similar personal
property.
IX. Effect of attachment of interest in property belonging to estate of
decedent.
X. Examination of Party whose property is attached and persons indebted to
him or controlling his property ; delivery of property to sheriff.
XI. Discharge of attachment upon giving counterbond
XII. Discharge of attachment on other grounds.
XIII. Proceedings where property is claimed by third persons
XIV. Satisfaction of judgment out of property attached.
XV. Balance due collected upon an execution; excess delivery to judgment
obligor.
XVI. Recovery upon counter-bond.
XVII. Disposition of money deposited.
XVII. Claims for damages on account of improper, irregular or excessive
attachment.
CASES:
Davao Light v. CA 204 SCRA 343
Mangila v. CA 387 SCRA 15
Mindanao Savings and Loan Association v. CA 1989
Adlawan v. Torres 233 SCRA 645
Phil. Bank Communications v. CA 2001
Wee v. Tiangsee 2008
Foundation Specialist Inc. v. Betonval Ready Concrete Inc. et al 2009
Leelin v. Agro 121 SCRA 725
Uy v. CA 215 SCRA 859
** REPORTERS: Leo Legaspi, Dianne Cruz, Ria Kriselle Pabale
Rule 58- Preliminary Injunction
I. Nature of Preliminary Injunction
Main Action for Injunction Distinguished from a Preliminary Injunction
II. Preliminary Injunction Distinguished from a Final Injunction
III. Prohibitory and Mandatory Injunction

 Prohibitory Injunction Distinguished from Prohibition

Mandatory Injunction Distinguished from Mandamus
IV . Stage of Proceedings When Granted
V . Court that Issues Preliminary Injunction
Duty of Court the Issued the Writ
VI. Requisites for Issuance of a Writ of Preliminary Injunction or Temporary
Restraining Order
Quantum of Evidence Required
Notice and Hearing
VII . Temporary Restraining Order
Issuance of Temporary Restraining Order by the Court of Appeals and
the Supreme Court
VIII. Nature of an Order Granting a Preliminary Injunction
Examples of Cases Justifying the Issuance of a Writ of Preliminary
Injunction
Examples of Cases in Which Injunction Will Not be Issued
IX. How to Dissolve a Writ of Preliminary Injunction or Restraining Order
CASES:
Paras v. Roura 163 SCRA 1
Golden Gate Realty Corp v. IAC 2005
Los Banos Rural Bank v. Africa 384 SCRA 385
First Global v. San Agustion 377 SCRA 341
Developers Group of Companies Inc v. Court of Appeals 219 SCRA 715
Borromeo v. CA 2008
Sps. Yap v. International Exchange Bank 2008
** REPORTERS: Angelo Angeles, Hanna Almario
RULE
I.
II.
III.
IV.
V.
VI.
VII.
VIII.

59- RECEIVERSHIP
Appointment of receiver
Bond on appointment of receiver
Denial of application or discharge of receiver
Oath and Bond of receiver
Service of copies of Bonds; effect of disapproval
General powers of receiver
Liability for neglect/refusal to deliver property to receiver
Termination of receivership; compensation of receiver

CASES:
Alcantara v. Abbas 9 SCRA 54
Dolar v. Sundiam 38 SCRA 616
Central Sawmill v. Alto Surety 27 SCRA 997
Descaller v. CA 224 SCRA 566
Ventosa v. Fernan 10 SCRA 59
Pacific Corp v. Surety Co. 73 SCRA 564
** REPORTERS: John Robert Sam Juan, Argel Cosme

Rule 60 REPLEVIN
I. Nature of Replevin
II. Replevin distinguished from preliminary attachment
III. When a writ of replevin may be applied for
IV. Procedure for application of replevin
V. Property in Custodia Legis
VI. Undertaking of the replevin bond
VII. Order of the Court
VIII. Duty of Sheriff in implementing the writ
IX. Redelivery Bond
X. Effect of Dismissal of the Complaint.
XI. When property is claimed by a third party.
XII. Judgment.
CASES:
Bachrach Motor Company, Inc vs Summers, 42 Phil 3 (1921)
Fernandez vs International Corp. Bank, G.R. No. 131283, October 7, 1999
Service Specialist vs CA, 251 SCRA 70 (1995)
Stronghold Insurance vs CA, 208 SCRA 336 (1992)
RULE 61 : SUPPORT PENDETE LITE
I. Provision of Law
II. Application for Support Pendente Lite
III. Hearing on the Application
IV. Enforcement of Order
V. Process
VI. Support in Criminal Cases
VII. Remedies of party erroneously compelled to give support
Cases:
San Juan v. Valenzuela 117 SCRA 926 (1982)
Vasco v. CA 81 SCRA 762 (1978)
Vinluan v. CA 222 SCRA 85 (1993)
Reyes v. Ines-Luciano 88 SCRA 803 (1979)
** REPORTERS: Edlyn Romero , Martha Rose Serrano