| Kind | When may be availed | How much Bond should be posted? |
| Preliminary Attachment | May be sought at anytime but before final judgment |
At the sound discretion of the court |
| Preliminary Injunction | ||
| Receivership | At any time, even after judgment |
The court fixes the amount. It is mandatory |
| Replevin | Before defendant files Answer |
Double the value of the personal property seized |
| Support Pendente Lite | May be sought at any stage of the action and even for the first time on appeal |
No bond required, generally |
Rule 57 – Preliminary Attachment
link to codal
Purpose:
- To seize the property of the debtor in advance of the final judgment and to hold it for purposes of satisfying the said judgment
- To enable the court to acquire jurisdiction over the action by the actual or constructive seizure of the property in instances where summons cannot be effected.
Requirements:
- Affidavit – must contain the allegations required and the circumstances on why it should be granted
- Bond – to answer for the damages and costs, which may be adjudged in favor to the adverse party
- Note:
- Defendant can file a counter bond at the court’s discretion but the counter bond must not be lower than the bond filed by the petitioner
- No notice to the adverse party or hearing of the application is required
- Note:
When Shall It Be Discharged:
- The debtor has posted a couner bond
- The attachment was improperly issued
(i.e. when there is no ground for attachment, or the affidavit is defective or bond insufficient) - Excessive attachment
- The property attached is exempt from execution thus, also exempt from attachment
- The jugment is against the attaching party
Rule 58 – Preliminary Injunction
Defined:
It is a judicial writ, process, or proceedings where a party is ordered to do or refrain from doing a particular act.
Prior notice is indispensable for the issuance of a writ of Preliminary Injunction and a Temporary Restraining order (TRO).
Kinds of Injunction
- Preventive or prohibitive injunction – requires a person to refrain from doing a particular act
- Mandatory Injunction – requires the performance of a particular act
Purpose: To preserve the status quo (i.e. the last actual, peacable, uncontested status which precedes the pending controversy)
Rule 59 – Receivership
Who is a receiver
- A person appointed by the court in behalf of all the parties to an action for the purpose of preserving the property involved in the suit and to protct the rights of all the parties under the direction of the court.
- As a rule, a party to the case nor the clerk of court should not be appointed
Note:
- No action can be filed against the receiver without leave of court
- Ex parte appointment of a receiver is NO LONGER AUTHORIZED. A hearing must be conducted for such purpose
Requirements:
- Affidavit – that the applicant has interest in the property that is the subject of litigation and there is an inevitable damage to it thus the court must appoint a receiver.
- Bond – an amount fixed by the court, to cover all the damages by reason of the appointment of a receiver. The court may require additional bond as further security.
Rule 60 – Replevin
Purpose:
To recover possession of personal property
Requirements:
- Affidavit – must allege that the applicant is:
- the owner/entitled to possess the property;
- the description of the property,
- the actual ‘market’ value of the property, and
- the person and why he withheld the property from the applicant.
- Bond – the amount to be posted must be 2x the value of the property stated in the affidavit.
Rule 61 – Support Pendente Lite
Purpose:
- To compel the adverse party to provide support while th case is pending
- No bond required from the applicant
- The application must be verified and shall be set for hearing not more than 3 daysfrom the filing of the petition