Professional Documents
Culture Documents
Preliminary Attachment
Purpose
When
applied/granted
Preliminary
Injunction/Preliminary
Mandatory Injunction
To require a party or a court, agency
or a person to refrain from doing a
particular act or acts or to require the
performance of a particular act or
acts.
At any stage prior to the judgment
or final order
File verified application and
applicants bond; if application is
included in the initiatory pleading,
the adverse party should be served
with summons together with a copy
of the initiatory pleading and the
applicants bond
Only the Court where the action is
pending; Lower Court, Ca or SC
provided action is pending in the
same court which issues the
injunction.
Receivership
To place the property subject of an
action or proceeding under the control
of a third party for its preservation and
administration litis pendentia
At any time prior to satisfaction of
judgment
Replevin
To recover possession of
personal property
At the commencement of the
action but before answer is
filed
Affidavits, depositions
or other documents
should show, at least
provisionally, that the
applicant is entitled to
receive support
Preliminary Attachment
Where property is
claimed by third
person
Bond requirement
Preliminary
Injunction/Preliminary
Mandatory Injunction
Receivership
Replevin
No bond required
Not applicable.
Discharge of
remedy
Amount of counter-bond
should also be double the
value of the property
Preliminary Attachment
Other grounds: improper or
irregular issuance or
enforcement or insufficiency
of the bond
Damages in case
applicant for any
of the provisional
remedies not
entitled thereto or
for any
irregularity in the
procurement of
provisional
remedy
Preliminary
Injunction/Preliminary
Mandatory Injunction
Insufficiency of the application
Receivership
Replevin
Owner of property attached must file before trial or before perfection of appeal application for damages
Party who availed of provisional remedy and his surety or sureties must be notified , showing right to damages and amount thereof
Damages awarded only after proper hearing; included in judgment of the main case
If judgment of appellate court is favorable to the party against whom provisional remedy was effected:
Application must be filed with the appellate court before the judgment of the appellate court becomes executory
Appellate court may allow application to be heard and decided by the trial court
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award:
Interpleader
Declaratory Relief
Certiorari
(COMELEC and
COA)
Certiorari Prohibition
Mandamus
Quo Warranto
Expropriation
Foreclosure of Real
Estate Mortgage
Partition
Forcible
Entry
Detainer
Contemp
Purpose
Requisites
Compel conflicting
claimants to litigate
their claims among
themselves
Conflicting claims
exist upon the same
subject matter
A person usurps,
intrudes into, or
unlawfully holds or
exercises office,
position, or franchise
Property owned by a
private party
A person owes
another a loan
Loan is secured by
mortgage of real
property
Just compensation
Prohibition:
Proceedings in a tribunal,
corporation, board,
officer or person
exercising judicial, quasi
judicial or ministerial
functions are conducted
without or in excess of its
jurisdiction
An association acts
as a corporation
within the
Philippines without
being legally
incorporated or
without lawful
authority so to act
Certiorari:
Any tribunal, board or
officer exercising judicial
or quasi judicial
functions has rendered
judgment
Such tribunal, etc. has
acted without or in excess
of its jurisdiction
Remove a usurper
Debtor defaulted in
payment
Final demand has
been made
Division of
real property
among the
parties
claiming
rights
thereto
Real
property is
owned by
several
persons
Person
claiming
right to the
property
does not
want coownership to
continue
A person
enjoys lawful
possession of
the property
Another
person
acquires
possession of
the same
property by
force,
intimidation,
threat, strategy
or stealth
A person
lawfully
takes
possession
of the land at
the
beginning
Such lawful
possession
has ended
A demand to
vacate has
been made
Protect
judicial
system from
unwarrante
intrusion
Direct
contempt:
A person
behaved
improperly
in the
presence or
so near a
court
Such
misbehavio
obstructed o
interrupted
court
proceeding
Indirect
contempt:
Misbehavio
in
performanc
of official
functions
Mandamus:
When any tribunal,
corporation, board,
officer or person
unlawfully neglects
performance of an act
which the law
specifically enjoins
Disobedience to
lawful cour
orders
Abuse or
unlawful
interference
with court
processes
Common requisite:
There is no appeal or any
plain, speedy, and
adequate remedy in the
ordinary course of law
Improper
conduct
which tends
to impede
administrat
n of justice
Pretending
to be a
lawyer or
officer
Failure to
obey
subpoena
Procedure
1. Complaint is filed
2. Summons served
upon parties
3. Parties files
motion to dismiss or
answers the
complaint
4. Pre-trial
5. Court determines
parties respective
rights and adjudicate
their several claims
Note: Docket fees
paid by complainant
constitute a lien upon
subject matter of the
action
1. Action is brought
before appropriate RTC
2. All persons affected
made parties
3. Notice to Sol Gen if
validity of a statue,
executive order or
regulation of any other
governmental regulation
is involved
4. Notice to prosecutor or
attorney of LGU if
involving validity of a
local ordinance
5. Court acts on
application
6. If during pendency of
action there occurs breach
or violation, action is
converted into an
ordinary action
1. 18 copies of verified
petition shall be filed
within 30 days from
notice of the judgment
or final order
2. If motion for new
trial or recon-sideration
is allowed, period to
file petition is
interrupted. If motion
is denied, petition shall
be filed within
remaining period, in no
case less than 5 days.
3. Pay docket and other
lawful fees and deposit
of P500 for costs
4. SC either orders
respon-dents to file
their comment if it
finds petition sufficient
in form and substance
or dismisses the
petition if it was filed
manifestly for delay or
the questions raised are
too unsubstantial
5. Respondents file
comment
6. SC either sets case
for oral argument or
requires submission of
memoranda or decides
the case based on
submit-ted documents
1. Verified petition in
the name of the RP is
filed (Person
claiming to be
entitled to a public
office or position
usurped by another
may bring action in
his own name)
2. Person at whose
instance the petition
is brought pays costs
and expenses
3. Respondent is
notified
4. Court may reduce
periods for filing
pleadings to secure
most expeditious
determination of
matters involved in
the action
5. Judgment is
rendered. Court may
render judgment for
costs against
petitioner, relator or
person/s claiming to
be a corporation
6. Person adjudged
entitled to public
office may demand
of the respondent to
deliver all books and
papers to him
2. Persons owning or
claiming to own any
interest pertaining to the
property must be joined as
defendants
4. Defendants allowed to
file objections
5. Court rules on the issue
of expropriation, granting
or denying the same
1. Complaint filed
2. Court ascertaines
amount due to
plaintiff and renders
judgment ordering
defendant to pay
within a within a
period not less than
90 days but not more
than 120 days
3. If defendant fails
to pay, foreclosure
sale ensues
4. Costs deducted
from proceeds of
sale, mortgagee paid
amount due; if there
is excess in the
proceeds, same is
turned over to
mortgagor
6. If expropriation is
5. If proceeds of sale
granted, court appoints not is not sufficient to
more than 3 commissioners cover entire
indebtedness,
7. Objections to
deficiency judgment
appointment of
is rendered:
commissioners may be
execution
filed within ten days from
immediately issues if
service
whole debt is due,
otherwise, mortagor
8. Commissioners take oath entitled to execution
before assuming function
upon original terms
of the contract
9. Commissioners ascertain
and report the just
6. Certified copy of
compensation for the
final order
property
confirming the sale is
registered in the
10. Clerk of court serves
registry of deeds
copies of commissioners
report to all interested
parties
11. Interested parties
allowed to file objections
within ten days
12. Court renders judgment
on the issue of just
compensation
13. Judgment is recorded in
registry of property
Jurisdiction
RTC
RTC
SC