3.18.

Provisional remedies
Provisional remedies are writs and processes available during the pendency of the action which may be
resorted to by a litigant to preserve and protect certain rights and interests therein pending rendition, and
for purposes of the ultimate effects, of a final judgment in the case. They are provisional because they
constitute temporary measures availed of during the pendency of the action, and they are ancillary
because they are mere incidents in and are dependent upon the result of the main action. The subject
orders on the matter of support pendente lite are but an incident to the main action for declaration of
nullity of marriage.
(Ma. Carminia C. Calderon (formerly Ma. Carminia Calderon-Roxas), represented by her attorney-in- fact,
Marycris V. Baldevia Vs. Jose Antonio F. Roxas, G.R. No. 185595. January 9, 2013)
Nature of provisional remedies
Provisional remedies are not causes of action in themselves but merely
adjuncts to a main suit.
They are
temporary measures
availed of during the pendency of the action and
ancillary
because they are mere incidents. [
Estaresv.CourtofAppeals,459SCRA604
]
Purpose of provisional remedies
The provisional remedies denominated attachment, preliminary injunction, receivership, and delivery of
personal property, provided in Rules 59, 60, 61, and 62 of the Rules of Court, respectively,areremediestowhichparties
litigantmayresortforthepreservationorprotectionoftheirrightsorinterest,andfornootherpurpose,duringthependencyoftheprincipalaction. If an
action, by its nature, does not require such protection or preservation, said remedies can notbeappliedforand
granted.[
Calov.Roldan,G.R.No.L-252,March30,1946
]
Jurisdiction over provisional remedies
MTC has exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate,
including the grant of provisional remedies in proper cases, where the value of thepersonalproperty,estate,oramount
ofthedemanddoesnotexceedOnehundredthousandpesos(P100,000.00)or,inMetroManilawheresuchpersonalproperty,estate,oramountofthe
demanddoesnotexceedTwohundredthousandpesos(P200,000.00)exclusiveofinterestdamagesofwhateverkind,attorney'sfees,litigationexpenses,and
costs.[
B.P.129, Sec. 33
]
3.18.3. Preliminary attachment
A preliminary attachment may be defined, paraphrasing the Rules of Court, as the provisionalremedyinvirtueof
whichaplaintifforotherpartymay,atthecommencementoftheactionoratanytimethereafter,havethepropertyoftheadversepartytakenintothecustodyof
thecourtassecurityforthesatisfactionofanyjudgmentthatmayberecovered.[
DavaoLightv.CourtofAppeals,204SCRA343
]
Grounds for issuance of writ of attachment
(a) In an action for the recovery of a specified amount of money or damages, other than
moralandexemplary,onacauseofactionarisingfromlaw,contract,quasi-contract,delictor quasi-delict against a party who is about to
depart from the Philippines with intent to defraud his creditors; (b) In an action for money or property
embezzled or fraudulently misapplied or convertedtohisownusebyapublicofficer,oranofficerofacorporation,oranattorney,factor,
broker,agent,orclerk,inthecourseofhisemploymentassuch,orbyanyotherpersonina fiduciary capacity, or for a willful violation of
duty; (c)Inanactiontorecoverthepossessionofpropertyunjustlyorfraudulentlytaken,detainedorconverted,whentheproperty,oranypartthereof,has

beenconcealed,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 a 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 todoso,withintenttodefraudhiscreditors;or (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. [
Rule 57, Sec. 1
]
Requisites
1) The case must be any of those where preliminary attachment is proper 2) The applicant must file a
motion 3)Theapplicantmustshowbyaffidavitthatthereisofsufficientsecurityfortheclaim sought to be enforced; that the amount
claimed in the action is as much as the sum of which theorderisgrantedaboveallcounterclaims4)Theapplicantmustpostabond
executedtotheadverseparty(attachmentbond) (Section 3, Rule 57 of the Rules of Court)
Attachment will not lie if there is an existing real estate mortgage
Thewritwillnotbeissuedifarealestatemortgageexiststosecuretheobligationevenifinsteadoffilinganactionforforeclosure,anactionforasumofmoney
wasinsteadfiled. [
Salgadov.CourtofAppeals,G.R.No.55381,March26,1984
]