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DEFINITION
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GROUNDS
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PURPOSE
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COURT WHICH CAN GRANT
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| 1. Preliminary Attachment (Rule 57)
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A provisional remedy issued upon order of the court where
an action is pending to be levied upon the property or
properties of the adverse party therein, the same to be
held thereafter by the sheriff as security for the
satisfaction of whatever judgment might be secured in said
action by the attaching party against the adverse party
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a. In an action for the recovery of a specified amount or
damages, other than moral and exemplary, on a cause of
action arising from law, contract,
quasi-contract, delict or quasi-delict against a party who
is about to depart from the Philippines with intent to
defraud his creditors;
b. In an action for money or property embezzled or
fraudulently misapplied or converted to his own use by a
public officer, or an officer of a corporation, or an
attorney, factor, broker, agent or clerk, in the course of
his employment as such, or by any other person in a
fiduciary capacity, or for a willful violation of duty;
c. In an action to recover the possession of property
unjustly or fraudulently taken, detained or converted, when
the property, or any part thereof, has been concealed,
removed or disposed of to prevent its being found or taken
by the applicant or an authorized person;
d. In an action against a party who has been guilty of
fraud in contracting the debt or incurring the obligation
upon which the action is brought, or in the performance
thereof;
e. In an action against a party who has removed or disposed
of his property, or is about to do so, with intent to
defraud his creditors;
f. In an action against a party who does not reside and is
not found in the Philippines, or on whom summons may be
served by publication (Section 1)
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As security for the satisfaction of any judgment that may
be recovered by the claimant
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Supreme Court, Court of Appeals, Regional Trial Court,
Family Court, Metropolitan, Municipal and Municipal Circuit
Trial Courts
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| 2. Preliminary Injunction (Rule 58)
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An order granted at any stage of an action or proceeding
prior to the judgment or final order, requiring a party or
a court, agency or a person to refrain from a particular
act or acts. It may also require the performance of a
particular act or acts, in which case it shall be known as
a preliminary mandatory injunction (Section 1)
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a. That the applicant is entitled to the relief demanded,
and the whole or part of such relief consists in
restraining the commission or continuance of the act or
acts complained of, or in requiring the performance of an
act or acts, either for a limited period or perpetually;
b. That the commission, continuance or non-performance of
the act or acts complained of during the litigation would
probably work injustice to the applicant; or
c. That a party, court, agency or a person is doing,
threatening, or is attempting to do, or is procuring or
suffering to be done, some act or acts probably in
violation of the rights of the applicant respecting the
subject of the action or proceeding, and tending to render
the judgment ineffectual (Section 3)
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To preserve the status quo or to resolve the last
uncontested status quo
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Supreme Court, Court of Appeals, Regional Trial Court,
Family Court, Metropolitan, Municipal and Municipal Circuit
Trial Courts
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| 3. Temporary Restraining Order (TRO)
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An order which may issue upon the filing of an application
for preliminary injunction forbidding the defendant to do
the threatened act until a hearing on the application can
be had
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a. Matter is of extreme urgency; and
b. The applicant will suffer grave injustice and
irreparable injury before the matter can be heard on notice
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To prevent grave injustice and irreparable injury to the
applicant before the application for a writ of preliminary
injunction can be acted upon
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Supreme Court, Court of Appeals, Regional Trial Court,
Family Court, Metropolitan, Municipal and Municipal Circuit
Trial Courts
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| 4. Receivership
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Provisional remedy by which the court appoints a receiver
as its representative and in behalf of all the parties to
an action for the purpose of preserving and conserving the
property in litigation and to prevent possible wastage or
dissipation or otherwise to carry the judgment into effect
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a. When it appears from the verified application, and such
other proof as the court may require, that the party
applying for the appointment of a receiver has an interest
in the property or fund which is the subject of the action
or proceeding, and that such property or fund is in danger
of being lost, removed, or materially injured unless a
receiver be appointed to administer and preserve it;
b. When it appears in an action by the mortgagee for the
foreclosure of a mortgage that the property is in danger of
being wasted or dissipated or materially injured, and that
its value is probably insufficient to discharge the
mortgage debt, or that the parties have so stipulated in
the contract of mortgage;
c. After judgment, to preserve the property during the
pendency of an appeal, or to dispose of it according to the
judgment, or to aid execution when the execution has been
returned unsatisfied or the judgment obligor refuses to
apply his property in satisfaction of the judgment, or
otherwise to carry the judgment into effect;
d. Whenever in other cases, it appears that the appointment
of a receiver is the most convenient and feasible means of
preserving, administering or disposing of the property in
litigation.
During the pendency of an appeal, the appellate court may
allow an application for the appointment of a receiver to
be filed in and decided by the court of origin and the
receiver appointed to be subject to the control of said
court.
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To preserve the property during the pendency of the
litigation or to dispose of it according to the judgment
when it is finally rendered or otherwise to carry the
judgment into effect
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Supreme Court, Court of Appeals, Regional Trial Court,
Family Court, Metropolitan, Municipal and Municipal Circuit
Trial Courts
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| 5. Replevin
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Court orders the seizure of chattels or goods claimed by a
party as his which are allegedly wrongfully taken or
detained by another person and to be delivered to the
former to be retained by him during the pendency of the
action
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a. Applicant is the owner of the property claimed,
particularly describing it, or is entitled to the
possession thereof;
b. The property is wrongfully detained by the adverse
party, alleging the cause of detention thereof according to
the best of his knowledge, information and belief;
c. The property has not been distrained or taken of a tax
assessment or a fine pursuant to law,
or seized 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. The actual market value of the property.
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To prevent the subject property from being disposed of
during the pendency of the case
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Regional Trial Court, Family Court, Metropolitan,
Municipal, and Municipal Circuit Trial Courts
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| 6. Support Pendente Lite
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Order issued by a court in which an action for support has
been filed fixing an amount of support to be given by the
adverse party to the applicant during the pendency of the
case
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When equity and justice may require having due regard to
the probable outcome of the case and such other
circumstances as may suggest the reasonability of granting
support pendente lite
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To answer the material needs of the applicant during the
pendency of the case
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Family Court
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