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LEVEL FIFTEEN : PROVISIONAL REMEDIES

A. INTRODUCTION
1. What is the function of provisional remedies?
2. Why are they considered provisional?
3. Why are they also known as ancillary remedies?

B. PRELIMINARY ATTACHMMENT
1. What is the purpose of a preliminary attachment?
2. At what stage of the action may a party avail of a preliminary
attachment?
3. In what actions and on what grounds may a party ask for a
writ of preliminary attachment?
4. What is an Order of Attachment?
5. What are the requirements for the issuance of an Order of
Attachment?
6. What is a Writ of Preliminary Attachment?
7. What is levy on attachment?
8. When is there a need for a prior or contemporaneous service
of summons?
9. When may this rule on prior or contemporaneous service of
summons be relaxed?
10.May several writs of attachment be issued against a party all
at the same time?
11.How may the defendant stop the attachment of his property?
12.How does a sheriff attach a real property?
13.How does a sheriff attach a personal property?
14.May a property under custodia legis be attached?
15.What are the grounds for the discharge of a Writ of
Attachment?
16. What bonds may be required as regards attachment what are
their functions?
17.What is the remedy of a third person who claims to be the
owner of the property to be attached?

C. PRELIMINARY INJUNCTION

1. At what stage of the action may a party avail of a preliminary


injunction?
2. What are the two kinds of preliminary injunction?
3. What is the purpose of preliminary injunction?
4. What is a 72- hour Temporary Restraining Order?
5. What is the purpose of a 72-hour TRO?
6. When may a 20-day TRO be issued?
7. What is the purpose of a 20-day TRO?
8. May a 20-day TRO be extended while the hearing on the
injunction is pending?
9. What is a status quo order?
10.What is meant by status quo ante in the issuance of an
injunction?
11.If the complaint is amended, what is considered the status quo
ante?
12.May a Writ of Preliminary Injunction be issued against a
person who is not a party to the case? (PSALM vs. CA G.R.
No.194226, Feb. 15, 2017)
13. What are the grounds for the issuance of a preliminary
injunction?
14. What are the requisites for the issuance of a Writ of
Preliminary Injunction?
15.What is meant by right in esse and right in posse?
16.When may an injury be considered irreparable?
17.What are the grounds for the dissolution of an injunction or
restraining order?
18.What are the bonds that may be filed in this provisional
remedy and what are their purposes?
19. When may an injunction not be issued?

D. RECEIVERSHIP
1. What is the purpose of receivership?
2. At what stage of the action may a party pray for the
appointment of a receiver?
3. What are the bonds involved in receivership?
4. What are the general powers of a receiver?
5. May several receivers be appointed at the same time?
6. What are the grounds for the termination of a receivership?

E. REPLEVIN
1. What is the purpose of a replevin?
2. At what stage of the action may a party apply for a writ of
replevin?
3. Why may replevin no longer be available after an answer is
filed?
4. What are the requirements for the issuance of a writ of
replevin?
5. What are the bonds required in connection with replevin?
6. What is the purpose of these bonds?
7. What is the remedy of a person who is not a party and who
claims to be the owner of the property to be replevied?

F. SUPPORT PENDENTE LITE


1. What is the purpose of support pendent lite?
2. At what stage may this be availed of?
3. What is your remedy if you were found to be liable for
support pendent lite?
4. How may an order granting support pendent lite be enforced?
5. What is the remedy of a party who is later found to be not
liable for support pendent lite?

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