PROVISIONAL REMEDIES (2006 EDITION) Not a civil action Writs and processes available during the pendency of the

action which may be res orted to by a litigant to preserve and protect rights and interests therein pend ing rendition, and for the purpose of ultimately affecting a final judgment in t he case. 1. PRELIMINARY ATTACHMENT (BAR) It is a remedy by w/c property of defendant is taken into custody of law either at commencement of action or at anytime before entry of judgement that you may recover. 4blue95: preliminary attachment can ONLY be attained if there s a pending case (so di pwede kung wala pang kaso) 4blue95 notes: writ of attachment can be issued ex parte (even if other party do esn t know it, and even if there s no hearing as long as there s a bond and such writ is verified) 4blue95: however, in serving or enforcing the writ, the other party must be info rmed. 4blue95 Pointers: a. Available even if the recovery of personal property is only an incidental rel ief sought in the action b. May be resorted to even if the personal property is in the custody of a third person c. Extends to all kinds of property, real or personal or incorporeal; d. To recover possession of personal property unjustly detained, presupposes tha t the same is being concealed, removed, or disposed of to prevent its being foun d or taken by the applicant; e. Can still be resorted to even if the property is in custodia legis, as long a s the property belongs to the defendant, or is one in which he has proprietary i nterests, AND with permission of the court f. Available only to Plaintiff ( except if defendant files counterclaim, then ,t his time, latter becomes plaintiff so he may avail of preliminary attachment) g. 2 instances where plaintiff can issued preliminary attachment even if debt is secured by mortgage: (1) he abandons security or (2) foreclosure proceedings an d such property mortgaged is not sufficient. How writ is enforced 1. real property -file with the RoD a copy of the writ and notice of attachment with description of the property -leave a copy of the writ and notice with the occupant of the property 2. personal property -take and keep the property in custody -issue a receipt 3. stocks or shares leave with the president or managing agent a copy of the wri t and notice of attachment 4. debts, credits, and personal property not capable of manual delivery leave wi th the person owning such debts or in possession of control of such property a c opy of the writ and notice of attachment 5. interest in estate proceedings (Rule 57 allows you to attach the share of a p erson in estate of deceased although no specific property is yet to be given). 6.in custodia legis (allows a property already attach to be attached again) file a copy of the writ of attachment with the tribunal, and serve notice of the att achment to the custodian of the property Grounds (strictly construed!) a. Recovery of specified amount of money and damages, except moral or exemplary, where party is about to depart from the Phils with intent to defraud creditors( damages must be liquidated DAPAT AMOUNT is SPECIFIED!, it cannot be issued if all

egation in affidavit is insufficient nor where demand is not yet due and payabl e) b. Action for money or property embezzled or for willful violation of duty by pu blic officers, officers of corporation, agent, or fiduciary--main action here is estafa, even if upon filing criminal case you did not resume civil action, you can still file for prelim. Attachment (rule 127-2) c. Recovery of possession of property (both real and personal) unjustly detained , when the property is concealed or disposed of to prevent is being found or tak en; d. Action against party guilty of fraud in contracting the debt or incurring the obligation or in the performance thereof; (ex: in good faith in terms kung mangutang, pero bad faith kung bayaran na DOLO IN CIDENTE) e. Action against party who is concealing or disposing of property, or is about to do so, with intent to defraud creditors actual transfer not necessary, mere d esire to dispose it is sufficient like gidahan dahan ang pagdispose, however, an execution of a mortgage in favor of another creditor is not one of the means of fraudulently disposing of one s property since ownership is not transferred.) f. Action against party who is NOT A RESIDENT OF THE PHILS AND CANNOT BE FOUND t herein or upon who service by publication can be made you cannot sue by publicatio n when action is personam, so you must convert it to In rem or Quasi in rem by a ttaching property (located in Phils) of non-resident defendant then court acquir es jurisdiction over the Res as such jurisdiction over the person is not require d. Kinds of Attachment: 1. FINAL (sec 15, rule 39) attachment issued to enforce a judgment. 2. GARNISHMENT -in rem (and it is against a particular property) -action vs. a debtor (directed to intangible like deposit in a bank) -property remains with the debtor 3. PRELIMINARY ATTACHMENT -directed to a tangible property -property is taken from debtor. STAGES OF PRELIMINARY ATTACHMENT: 1. court issues order of attachment 2. writ is issued : ( in 1&2 the jurisdiction over the person of the defendant i s not necessary 3. implementation: jurisdiction over the person of defendant is necessary in ord er for him to be bound, so prior or contemporaneous service to defendant is nece ssary. Principle of Prior or Contemporaneous Jurisdiction: Enforcement of writ of preliminary attachment must be preceded by or simultaneou sly accompanied by service of summons, copy of complaint, application and affida vits for the attachment and the bond upon the adverse party; BUT the requirement of prior or contemporaneous service of summons shall not apply where the summon s could not be served despite diligent efforts, or the defendant is a resident o f the Phils temporarily absent therefrom, or the defendant is a non-resident of the Phils or the action is in rem or quasi in rem. GRule: Service of summons first before attachment (Davao Light case) Exception: When prior or contemporaneous service of summons not required for th e enforcement of a writ of attachment ( here , the purpose of summons by publication is not to acquire jurisdiction over the person but only for the purpose of due process) 1. summons could not be served personally or by substituted service despite dili gent efforts 2. the defendant is a resident of the Philippines temporarily absent

3. defendant is a non-resident of the Philippines 4. the action is one in rem or quasi in rem Third Party claim: In attachment, 3rd party claimants may settle their claims in the same or a sepa rate action. In levy on execution, 3rd party claimants must claim in a separate action. In both attachment and levy on execution, the judgment obligee can claim damages against the 3rd party claimants in the same or in a separate action. For a 3rd party claimant to claim on the additional bond (in both attachment and execution), his separate action should be filed within 120 days from the date o f the filing of the bond. Remedies of defendant whose property was attached (discharge of preliminary atta chment) a. Debtor posts a counterbond (sec12) or makes requisite cash deposit- if attach ment to be discharged is with respect to particular property, counterbond or dep osit shall be equal to the value of the property as determined by the court; in all other cases, amount of counterbond should be equal to the amount fixed in th e order of attachment. --> CASH DEPOSIT OR COUNTERBOND SHALL SECURE THE PAYMENT OF ANY JUDGMENT THA T ATTACHING PARTY MAY RECOVER b. Applicant s bond is insufficient or sureties fail to justify (sec13); Attachment was improperly or irregularly issued or enforced Improperly (e.g. writ of attachment was not based on the grounds in Sec. 1) Irregularly (e.g. writ of attachment was executed without previous or contemporaneous service of summons). c. Property attached is exempt from execution; d. Judgment is rendered against attaching party; e. Attachment is excessive discharge is with respect to the excess Application for discharge may only be filed with the court where the action is p ending and may be filed even before enforcement of the writ so long as there has been an order of attachment. 2006 notes: the fact that defendant puts up a counterbond under sec12 does not automatically discharge the attachment earlier made. There must be a hearing and judge must order the discharge of attachment. 4blue95: If the motion be made on affidavits on the part of the movant but not o therwise, the attaching party may oppose the motion by counter-affidavits or oth er evidence in addition to that on which the attachment was made. 4blue95:After due notice and hearing, the court shall order the setting aside or the corresponding discharge of the attachment if it appears that it was imprope rly or irregularly issued or enforced, or that the bond is insufficient, or that the attachment is excessive, and the defect is not cured forthwith (PARTIAL DIS CHARGE) Calderon Doctrine states the following principles: 1. person can file a counterbond and at the same time move to discharge 2. he can file a counterbond w/ respect to only one property and continue the he aring under sec13 w/ respect to the other property. You don t waive sec.13 since y ou apply sec12. Sec. 15. Satisfaction of judgment out of property attached; return of sheriff. If judgment be recovered by the attaching party and execution issue thereon, th e sheriff may cause the judgment to be satisfied out of the property attached, i f it be sufficient for that purpose in the following manner: (a) By paying to the judgment obligee the proceeds of all sales of perishabl e or other property sold in pursuance of the order of the court, or so much as s

hall be necessary to satisfy the judgment; (b) If any balance remains due, by selling so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in the sheriff's hands, or in those of the clerk of the court; (c) by collecting from all persons having in their possession credits belong ing to the judgment obligor, or owing debts to the latter at the time of the att achment of such credits or debts, the amounts of such credits and debts as deter mined by the court in the action, and stated in the judgment, and paying the pro ceeds of such collection over to the judgment obligee. The sheriff shall forthwith make a return in writing to the court of his proceed ings under this section and furnish the parties with copies thereof. Claim for Damages for Illegal Attachment (plaintiff & surety must be informed) 1. it must be done in same action, not in separate action 2. it can be claim before trial (as a matter of right) or before final judgment or before final appeal or in the appellate court for damages pending appeal, bef ore judgment becomes executory. When judgment becomes executory, sureties on counterbond to lift attachment are charged and can be held liable for the amount of judgment and costs upon notice and summary hearing. There is no need to first execute judgment against the jud gment obligor before proceeding against sureties. To claim on the counter-bond, the applicant may file his claim after the finalit y of the judgment. To claim on the applicant s bond, adverse party must file his claim for damages be fore finality. (In both cases, the surety must be notified) Claims for damages cannot be subject of independent action except: a. When principal case is dismissed by the trial court for lack of jurisdiction without giving the claiming party opportunity to prove claim for damages; b. When damages sustained by a third person not a party to the action. 2. PRELIMINARY INJUNCTION (BAR) order granted at any stage of an action prior to final judgement requiring a per son to refrain from a particular act. It requires urgent need and clear right of plaintiff and that injunction is necessary to restore prior relation If an action is pending before the CA or SC, preliminary injunction may be issue d by a member, unlike in preliminary attachment which must be issued by the CA o r SC as a body. Purpose of preliminary injunction is to maintain status quo of parties (which me ans it will maintain the last peaceable uncontested status w/c preceded the cont roversy) Kinds of injunction 1. Prohibitory(Preventive)-commands person to refrain from performing a particul ar act a. Preliminary (Rule 58) b. Final court may issue it, if after trial, it appears that plaintiff is entitle d thereto. It is included in the judgment as a relief or part thereof. The requ irement of a bond is a mandatory/essential requisite. 2. Mandatory an order which requires the performance of a particular act or acts to correct a wrong in the past Requisites for issuance of Mandatory Injunction is when invasion of right is m aterial or substantial , right of complainant is clear and unmistakable and urge nt and permanent necessity for the writ to prevent serious damage Ex: X had dispute with Davao Light over Electric Billing, so while case is being litigated, X may ask court for a preliminary mandatory injunction to return the electricity in his house while case is being heard. 4blue95 notes: Mere motion to file a counterbond is not sufficient to quash the

writ of preliminary injunction. A preliminary injunction can be granted or disso lved only upon good and valid grounds. Mere offer to post a counterbond does not suffice to warrant the dissolution of the preliminary writ of injunction. Grounds for Preliminary Injunction a. Plaintiff is entitled to relief sought which consists in restraining or requi ring the performance of acts (latter is preliminary mandatory injunction); b. The commission of acts or non-performance during pendency of litigation would probably work injustice to the plaintiff; c. Defendant is doing or about to do an act violating plaintiff s rights respectin g the subject of the action and tending to render judgment ineffectual. CHR is not a judicial or quasi judicial body hence w/o authority to issue injunc tion or TRO so remedy of CHR is to seek assistance of proper courts. 4blue95: Writ of Injunction can only be issued w/in the region. Except: if head office of corporation is in Manila, so, file in Manila for an injunction over ac ts here in Davao of such corporation. Requisites for preliminary injunction or temporary restraining order 1. verified application showing facts entitling the applicant to the relief dema nded 2. bond conditioned on paying the party enjoined all damages which he may sustai n by reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled thereto 3. GR: hearing. Exception: court may issue TRO if plaintiff may suffer grave or irreparable injury Injunction may be refused or dissolved when: a. Complaint is insufficient; b. Affidavits of persons enjoined is opposed by applicant also by affidavits c. Although applicant is entitled to injunction or restraining order, the issuan ce/continuance would cause irreparable damages to the party or person enjoined d. If it appears that the extent of PI or restraining order is too great ,then it may be modified e. other grounds upon affidavit of the party or person enjoined insufficiency of the bond f. insufficiency of the surety or sureties When writ may not be issued: 1.Ex parte (since notice & hearing is required but opportunity to be heard is s ufficient) 2.There s irreparable injury (inadequacy of pecuniary compensation and prevention of multiplicity of suits) 3.Against courts/tribunals of co-equal ranks (ex: RTC-NLRC; RTC-PCGG) 4. Transfer possession where title is not clear except: Art 539 & 1674 NCC: For cible entry and unlawful detainer case or in an action for recovery where title is clear and cannot be attacked collaterally. 5. Restrain criminal prosecution 6.Against disposing of a case on the merits 7.Against consummated acts (since it has become moot and academic) 8.Restrain collection of taxes Instances when injunction is proper: 1. Petition for certiorari, prohibition and mandamus 2. Petition for relief from judgement 3. Action for annulment of judgment or to enjoin enforcement of the same on grou nds of fraud, collusion or lack of jurisdiction of the court rendering it. 4. In an action to restrain a criminal prosecution under an unconstitutional sta tute. 5. Restrain the threatened enforcement of an invalid law.

2006 notes: court may impose other conditions as may be proper and just for the purpose of protecting the interest of all persons concerned. 4blue95: A possessor deprived of his possession through forcible entry or unlawf ul detainer may, within five (5) days from the filing of the complaint, present a motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary mandatory injunction to restore him in his possession. The court shall decide the motion within thirty (30) days from the filing thereo f. Instances when it is Not proper: 1.Action to compel spouse to cohabit w/ the other 2.Restraining consummated acts except if the complaint alleges that the defenda nt will, if not prevented ,continue to perform the objectionable acts 3.Enjoin a public official from performing duties specifically imposed by law(no t proper also if such is for the purpose of stopping govt project) 4. Injunction not proper to transfer possession of a property from another (an e xception is where applicant s right is clearly established and defendants are mere intruders). GenRule: Criminal Prosecution may not be restrained or stayed by injunction, pre liminary or final since public interest requires that criminal acts be immediate ly investigated and prosecuted for the protection of society. Exception: a. afford adequate protection to the constitutional rights of the accused. b. when necessary for the orderly administration of justice or to avoid oppressi on or multiplicity of actions c. when there is a prejudicial question d. when acts of the officer are w/o or in excess of authority e. where prosecution is under an invalid law, ordinance or regulation f. when double jeopardy is clearly apparent g. where court has no jurisdiction over the offense h. where it is a case of persecution rather than prosecution i. where charges are manifestly false and motivated by the suit for vengeance j. when there is clearly no prima facie case vs. the accused and a motion to qua sh on that ground has been denied. k. preliminary injunction has been issued by the Supreme court to prevent the th reatened unlawful arrest of petitioners. 2005 notes: A mortgagor cannot argue that the consolidation of title during pend ency of an action for annulment and reconveyance will cause irreparable injury t o him (David v IBAA) STAGES OF INJUNCTION (BAR) A writ cannot be issued ex parte since there must be hearing, but if party belie ves that there must be preliminary injunction before hearing since injustice mig ht be committed onto the party, then, he may ask the court to issue a TRO (tempo rary restraining order). Application of TRO shall be acted upon only after all parties are heard in a summary hearing w/c shall be conducted w/in 24 hours after sheriff/s return of s ervice or the records are receive by the branch selected by raffled and to w/c t he records shall be transmitted immediately. TRO may be granted only when applicant files a bond w/ court where proceeding is pending. TRO cannot be extended in same ground for w/c it was issued. Since a TRO still needs a hearing, what then is the remedy if the act sought to be restrained must be restrained right NOW, then it is a 72 hour TRO. (Irreparable injury is always a requisite in TROs. But in the 72 hour TRO, grave injustice must also be shown. In the 20 day TRO, the ground is great or irrepar able injury.) 1.72 hour TRO (issued by judge ex parte whenever : ) \This is the TRO while there is a summary hearing know if TRO be extended for 20

days. a. if the matter is of extreme urgency and the applicant will suffer grave injus tice and irreparable injury b. issued by executive judge of a multiple-sala court or the presiding judge of a single-sala court c. thereafter must 1) serve summons and other documents 2) order said party or person to show cause why the injunction should not be gra nted 3) determine whether or not the preliminary injunction shall be granted, and acc ordingly issue the corresponding order. 4) Within 72 hrs (kaya nga 72 hrs ang life nito!), conduct summary hearing to de termine whether the TRO shall be extended to 20 days until the application for p reliminary injunction can be heard 2.20-day TRO (RTC) (2005 notes)A lower court cannot issue a second TRO where 1st was issued by Sup reme Court Court cannot issue Ex Parte a status quo order w/c operates as TRO or Injunction . 4blue95: during the 20-day TRO efficacy, court will now hear on matters with reg ard issuance of the preliminary injunction. 4blue95: 20-day TRO cannot be extended on same ground for w/c it was issued, it can be extended if there are other grounds (TRO issued by SC has no specific lif etime and it is effective until final orders). It can only be granted when applicant files w/ court where proceeding is pending a BOND executed to the person enjoined in an amount to be fixed by the court. a. If it shall appear from the facts shown by affidavits or by the verified appl ication that great or irreparable injury would result to the applicant before th e matter can be heard on notice b. If application is included in initiatory pleading Notice of raffle shall be preceded, or contemporaneously accompanied, by service of summons, together with a copy of the complaint or initiatory pleading and th e applicant's affidavit and bond, upon the adverse party in the Philippines. Raffled only after notice to and in the presence of the adverse party or the per son to be enjoined c. issued with summary hearing (to determine whether the applicant will suffer g reat or irreparable injury) within 24 hours after sheriff s return of service and/ or records are received by the branch selected by raffle d. Within 20-day period court must 1.order said party or person to show cause why the injunction should not be gran ted 2. determine whether or not the preliminary injunction shall be granted, and acc ordingly issue the corresponding order. including the original 72 hours, total e ffectivity of TRO shall -not exceed 20 days, if issued by a RTC -not exceed 60 days, if issued by the CA or a member thereof until further order s, if issued by the SC e. TRO is automatically vacated upon expiration of the period and without granti ng of preliminary injunction(or denial of application also automatically vacate s the TRO) i. effectivity is not extendible without need of any judicial declaration to tha t effect ii. no court shall have authority to extend or renew the same on the same ground for which it was issued. 2006 notes: RTC loses jurisdiction the moment it is brought to the appellate cou rt.

3.Preliminary injunction (difference bet PI and TRO is that the former remains until it is dissolve) a. Hearing and prior notice to the party sought to be enjoined If application is included in initiatory pleading i. Notice of raffle shall be preceded, or contemporaneously accompanied, by serv ice of summons, together with a copy of the complaint or initiatory pleading and the applicant's affidavit and bond, upon the adverse party in the Philippines. ii. Raffled only after notice to and in the presence of the adverse party or the person to be enjoined iii. Applicant posts a bond 4.Final injunction Note that a bond is required only in preliminary injunctions, but is not require d in TROs. 2005 notes: It is not a sufficient ground to dissolve an injunction if the defen dant posts a bond since the granting and dissolution of the prelim injunction is a matter of discretion of the court. 2005 notes: Order of dissolution of injunction is immediately effective even tho ugh it is not final. A dismissal, discontinuance or non-suit of an action in whi ch a restraining order or tempo injunction has been granted operates as dissolut ion of the TRO and no formal order or dissolution is necessary for the reinstate ment of an injunction. There must be a new exercise of judicial power. 2005 notes: After lapse of the 20 day TRO, the court can still grant a prelimina ry injunction. (BAR) A TRO was issued. Can the trial court issue a status quo order if there is no injunction issued? No, injunction must be issued since a status quo order is same as TRO w/c cannot extend the TRO (BAR) A lower court cannot issue a second TRO of w/c the 1st was issued by the S C; as such the remedy is to issue an injunction. 2005 notes: The TRO issued by the Court of Appeals or a member thereof has a lif etime of 60 days form service on the party or person sought to be enjoined. 2005 notes: The lifetime of the TRO is only 20 days (or 60 days) including the o riginal 72 hours, it cannot be extended. And no court shall have authority to ex tend or renew the same on the same ground for which it was issued. --- it can be extended on other grounds arising other than the ground for which it was origin ally issued. 2005 notes: The effect of the denial of the application for injunction shall aut omatically vacate the temporary restraining order. The rules provide that in the event that the application for prelim injunction is denied or not resolve w/in 20days, TRO is deemed vacated (sec5) (BAR) X filed a suit for ejectment against Y. Judgment was rendered vs. Y, evict ing him. It has already become final and executory. Is Y entitled to injunction to prevent the execution of the final and executory judgment? HELD: NO, to be en titled to the writ, they must show that there exist a right to be protected whic h is directly threatened by an act sought to be enjoined (read the other requisi tes) 3. RECEIVERSHIP Proper only if the property subject of litigation is in danger of being destroye d (applicable to both plaintiff and defendant).But if subject is sum of money, t hen receivership is not proper. Receiver cannot be appointed ex parte since court require applicant to file a bo

nd executed to the party against whom the application is presented. Requisites for receivership a. verified application b. appointed by the court where the action is pending, or by the CA or by the SC , or a member thereof During the pendency of an appeal, the appellate court may allow an application f or the appointment of a receiver to be filed in and decided by the court of orig in and the receiver appointed to be subject to the control of said court. c. applicant s bond conditioned on paying the adverse party all damages he may sus tain by the appointment of the receiver in case the appointment is without suffi cient cause d. receiver takes his oath and files his bond (if bond is insufficient , receive rship may be denied) When receiver may be appointed: a. Party has an interest in the property or fund subject of the action and such is in danger of being lost, removed, or materially injured; b. Action by mortgagee for foreclosure of mortgage when the property is in dange r of being wasted or materially injured and that its value is probably insuffici ent to discharge the mortgage debt, OR that the parties have stipulated in the c ontract of mortgage; c. After judgment, to preserve the property during the pendency of the appeal, o r to dispose of it 4blue95: A vs. B. Nanalo si B so property goes to him. A appeals. While on appea l, A can file receivership on RTC (Even if appeal has already been perfected & c ourt has already loses jurisdiction but it may still do the ff (sec9, rule 41)): -issue orders for protection of rights of parties w/c do not involve any matter litigated on appeal d. or to aid in execution when execution has been returned unsatisfied or the ju dgment debtor refuses to apply his property to satisfy judgment, or to carry out the judgment. e. When appointing one is the most convenient and feasible means to preserve, ad minister, or dispose of the property in litigation. (2005 notes)A receiver may be appointed in a partition proceeding where relation s of the co-owners are strained or where not satisfactory arrangement for admini stration can be accomplished. When receivership may be denied/lifted a. Appointment sought is without sufficient cause; b. Adverse party files sufficient bond for damages; c. Applicant or receiver s bond is insufficient. Both the applicant for the receivership and the receiver appointed must file sep arate bonds. Sec. 8. Termination of receivership; compensation of receiver. - Whenever the co urt, motu proprio or on motion of either party, shall determine that the necessi ty for a receiver no longer exists, it shall, after due notice to all interested parties and hearing, settle the accounts of the receiver, direct the delivery o f the funds and other property in his possession to the person adjudged to be en titled to receive them, and order the discharge of the receiver from further dut y as such. The court shall allow the receiver such reasonable compensation as th e circumstances of the case warrant, to be taxed as costs against the defeated p arty, or apportioned, as justice requires. 4. REPLEVIN Scenario: Party is asking at commencement of aced in his custody as case is being heard. a. Available only where the principal relief y of possession of personal property; b. Can be sought only where the defendant is ssion of the personal property involved. c. Extends only to personal property capable action that PERSONAL PROPERTY be pl sought in the action is the recover in the actual or constructive posse of manual delivery;

d. Available to recover personal property even if the same is NOT being conceale d, removed, or disposed of; e. Cannot be availed of if property is in custodia legis, as where is it under a ttachment, or was seized under a search warrant or distrained for tax assessment . 4blue95: Court jurisdiction is based on amount of property and also on the amoun t of damages for unpaid rental. 4blue95: replevin could either be in rem (as with regard the property) or in per sonam (for unpaid rental) Requisites of Replevin: (1) there must be an AFFIDAVIT reciting that the (a) applicant is owner or entit led to possession thereof. (b)that property is wrongfully detained by the advers e party (c) property has not been distrained or taken for tax assessment or seiz ed under a writ of execution or preliminary attachment or otherwise placed under custodia legis (or if so seized, that it is exempt from such seizure or custody ) (d)actual market value and that (2) there must be a BOND (double the value of the property) 4blue95: replevin bond is simply intended to indemnify the defendant against los s that he may suffer by being compelled to surrender the possession of the dispu ted property pending trial of the action. 4blue95: upon filing of affidavit and bond, court shall issue an order and the c orresponding writ of replevin describing the personal property alleged to be wro ngfully detained and requiring sheriff forthwith to take such property into his custody. Property will be on sheriff s custody for 5 days, why? Since he will wait for the adverse party to post a counter bond(double the amount from that of the property ) and if he will post then property will go to him & serve upon plaintiff a copy thereof (MANDATORY) But if adverse party will not post a bond (or bond is insufficient), the propert y shall be delivered to plaintiff. If for any reason that property is not delivered to plaintiff, the sheriff must return it to the adverse party. 4blue95: aside from posting a counterbond, adverse party may object to the suffi ciency of the applicant s bond or surety. But he is not allowed to file motion to question the application for replevin is insufficient (unlike in injunction & at tachment where you can file motion due to insufficiency) 4blue95: third party may claim over the property subject of replevin same way in execution and attachment. 4blue95: plaintiff who obtains possession of property by a writ of replevin does not acquire absolute title thereto, nor does defendant acquire such title by re -bonding the property as they only hold property subject to the final judgment i n the action. Surety s liability under the replevin bond should be included in fin al judgment to prevent duplicity of suits or proceedings. IF MAIN CASE IS DISMISSED, THE WRIT S EXISTENCE AND EFFICACY DISSOLVES 5. SUPPORT PENDENTE LITE Sec. 1.Application. - At the commencement of the proper action or proceeding, or at any time prior to the judgment or final order, a verified application for su pport pendente lite may be filed by any party stating the grounds for the claim and the financial conditions of both parties, and accompanied by affidavits, dep ositions or other authentic documents in support thereof. An application for support pendente lite may be filed at any time prior to judgm ent or final order. Sec. 3.Hearing. - After the comment is filed, or after the expiration of the per iod for its filing, the application shall be set for hearing not more than three (3) days thereafter. The facts in issue shall be proved in the same manner as i

s provided for evidence on motions. Sec.5. failure to comply with an order granting support pendent elite may warran t the issuance of an order of execution against the non-complying party. He may likewise be liable for contempt (if X don t want to give support, then pwed e siya makulong) 4blue95: support pendent elite is interlocutory, the same may be modified at any stage of the proceedings. Remedies of party who was erroneously compelled to give support: 1. apply for an order for such reimbursement by the recipient on motion in the t rial court in the same case unless such restitution is already included in the j udgment. 2. failing therein, file a separate action for reimbursement against the person legally obliged to give support. ?? ?? ?? ?? Provisional Remedies Review