Provisional remedies may be availed of in c. When accused has concealed,
connection with the civil action. removed, or disposed of his property, or is about to do so The civil action must be one arising from the d. When accused resides outside the offense charged and which is instituted in the Philippines said criminal action. No notice to the adverse party, or hearing on Provisional remedies available: the application is required before a writ of 1. Preliminary attachment preliminary attachment may issue (can be 2. Preliminary injunction issued ex parte). 3. Receivership 4. Replevin 5. Support pendente lite The only requisites for issuance of a writ of preliminary attachment are: Accused, during trial, may prove not only his defense but also the damages he may have Affidavit sustained arising from the issuance of a Bond of applicant provisional remedy in the case. The trial court has unlimited power to issue When it is available: the writ upon commencement of the action When the civil action is properly even before it acquires jurisdiction over the instituted in the criminal action person of the defendant BUT enforcement In the following cases: thereof can only be validly done after it shall a. When accused is about to abscond have acquired jurisdiction. from the Philippines WRIT OF ATTACHMENT b. When criminal action is based on a claim for money or property Can be issued ex=parte embezzled or fraudulently Cannot be implemented if trial court misapplied or converted to the use has not acquired jurisdiction over the of the accused who is a public person of the defendant (arrested/ officer, officer of a corporation, surrendered voluntarily to the court) attorney, factor, broker, agent or When accused resides outside the Philippines: clerk, in the course of his employment as such, or by any Notwithstanding the fact that he is still other person in a fiduciary at-large abroad, writ of attachment capacity, or for a willful violation of may be issued and implemented to duty prevent alienation of his property o Accused can execute necessary *No need to show that accused has contract before the appropriate concealed/ removed/ disposed property. Philippine Consulate Instead, show: OR That the criminal case is founded upon o A lien/ encumbrance in the title a claim that money or property was of the property may be embezzled, fraudulently misapplied or annotated to prevent any converted to the use of the accused, disposition AND Who may apply for preliminary attachment: That accused occupies any of the positions mentioned OR that he Aggrieved party committed a willful violation of duty Prosecutor
*Court has no authority to issue motu proprio
writs of preliminary attachment if it does, it acts in excess of jurisdiction, remediable by certiorari