Provisional Remedies- Codal.co

8/12/2019 Provisional Remedies- Codal.co

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Section 2. Issuance and contents of order. An order ofattachment may be issued either ex parte or upon motion withnotice and hearing by the court in which the action is pending, orby the ourt of Appeals or the upreme ourt, and must re!uirethe sheriff of the court to attach so much of the property in the#hilippines of the party against whom it is issued, not eempt fromeecution, as may be sufficient to satisfy the applicant*s demand,unless such party ma&es deposit or gives a bond as hereinafterprovided in an amount e!ual to that fied in the order, which maybe the amount sufficient to satisfy the applicant*s demand or thevalue of the property to be attached as stated by the applicant,eclusive of costs. everal writs may be issued at the same timeto the sheriffs of the courts of different judicial regions. (+a)

Section 3.Affidavit and bond required. An order of attachmentshall be granted only when it appears by the affidavit of theapplicant, or of some other person who personally &nows thefacts, that a sufficient cause of action eists, that the case is oneof those mentioned in section ' hereof, that there is no othersufficient security for the claim sought to be enforced by theaction, and that the amount due to the applicant, or the value ofthe property the possession of which he is entitled to recover, isas much as the sum for which the order is granted above all legalcounterclaims. he affidavit, and the bond re!uired by the net

succeeding section, must be duly filed with the court before theorder issues. (-a)

Section 4.Condition of applicant's bond. he party applying forthe order must thereafter give a bond eecuted to the adverseparty in the amount fied by the court in its order granting theissuance of the writ, conditioned that the latter will pay all thecosts which may be adjudged to the adverse party and alldamages which he may sustain by reason of the attachment, if thecourt shall finally adjudge that the applicant was not entitledthereto. (a)

Section 5.Manner of attaching property. he sheriff enforcingthe writ shall without delay and with all reasonable diligenceattach, to await judgment and eecution in the action, only somuch of the property in the #hilippines of the party against whomthe writ is issued, not eempt from eecution, as may be sufficient


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to satisfy the applicant*s demand, unless the former ma&es adeposit with the court from which the writ is issued, or gives acounter"bond eecuted to the applicant, in an amount e!ual to thebond fied by the court in the order of attachment or to the valueof the property to be attached, eclusive of costs. /o levy onattachment pursuant to the writ issued under section + hereofshall be enforced unless it is preceded, or contemporaneouslyaccompanied, by service of summons, together with a copy of thecomplaint, the application for attachment the applicant*s affidavitand bond, and the order and writ of attachment, on the defendant

within the #hilippines.

he re!uirement of prior or contemporaneous service of summonsshall not apply where the summons could not be served

personally or by substituted service despite diligent efforts, or thedefendant is a resident of the #hilippines temporarily absenttherefrom, or the defendant is a non"resident of the #hilippines, orthe action is one in remor quasi in rem. (0a)

Section 6.Sheriff's return. After enforcing the writ, the sheriffmust li&ewise without delay ma&e a return thereon to the courtfrom which the writ issued, with a full statement of his proceedingsunder the writ and a complete inventory of the property attached,together with any counter"bond given by the party against whom

attachment is issued, and serve copies thereof on the applicant.(1a)

Section 7.Attachment of real and personal property$ recordingthereof 2eal and personal property shall be attached by thesheriff eecuting the writ in the following manner:

(a) 2eal property, or growing crops thereon, or any interesttherein, standing upon the record of the registry of deeds of theprovince in the name of the party against whom attachment is

issued, or not appearing at all upon such records, or belonging tothe party against whom attachment is issued and held by anyother person, or standing on the records of the registry of deeds inthe name of any other person, by filing with the registry of deeds acopy of the order, together with a description of the propertyattached, and a notice that it is attached, or that such real propertyand any interest therein held by or standing in the name of such


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other person are attached, and by leaving a copy of such order,description, and notice with the occupant of the property, if any, or

with such other person or his agent if found within the province.3here the property has been brought under the operation ofeither the 4and 2egistration Act or the #roperty 2egistration5ecree, the notice shall contain a reference to the number of thecertificate of title, the volume and page in the registration boo&

where the certificate is registered, and the registered owner orowners thereof.

he registrar of deeds must inde attachments filed under thissection in the names of the applicant, the adverse party, or theperson by whom the property is held or in whose name it stands inthe records. If the attachment is not claimed on the entire area of

the land covered by the certificate of title, a description sufficientlyaccurate for the identification of the land or interest to be affectedshall be included in the registration of such attachment$

(b) #ersonal property capable of manual delivery, by ta&ing andsafely &eeping it in his custody, after issuing the correspondingreceipt therefor.

(c) toc&s or shares, or an interest in stoc&s or shares, of anycorporation or company, by leaving with the president or

managing agent thereof, a copy of the writ, and a notice statingthat the stoc& or interest of the party against whom the attachmentis issued is attached in pursuance of such writ$

(d) 5ebts and credits, including ban& deposits, financial interest,royalties, commissions and other personal property not capable ofmanual delivery, by leaving with the person owing such debts, orhaving in his possession or under his control, such credits or otherpersonal property, or with his agent, a copy of the writ, and noticethat the debts owing by him to the party against whom attachment

is issued, and the credits and other personal property in hispossession, or under his control, belonging to said party, areattached in pursuance of such writ$

(e) he interest of the party against whom attachment is issued inproperty belonging to the estate of the decedent, whether as heir,legatee, or devisee, by serving the eecutor or administrator or


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other personal representative of the decedent with a copy of thewrit and notice that said interest is attached. A copy of said writ ofattachment and of said notice shall also be filed in the office of thecler& of the court in which said estate is being settled and servedupon the heir, legatee or devisee concerned.

If the property sought to be attached is in custodia legis, a copy ofthe writ of attachment shall be filed with the proper court or !uasi"

judicial agency, and notice of the attachment served upon thecustodian of such property. (6a)

Section . !ffect of attachment of debts, credits and all othersimilar personal property. All persons having in theirpossession or under their control any credits or other similarpersonal property belonging to the party against whom attachmentis issued, or owing any debts to him, at the time of service uponthem of the copy of the writ of attachment and notice as providedin the last preceding section, shall be liable to the applicant for theamount of such credits, debts or other similar personal property,until the attachment is discharged, or any judgment recovered byhim is satisfied, unless such property is delivered or transferred,or such debts are paid, to the cler&, sheriff, or other proper officerof the court issuing the attachment. (7a)

Section !.!ffect of attachment of interests in property belongingto the estate of a decedent. he attachment of the interest ofan heir, legatee, or devisee in the property belonging to the estateof a decedent shall not impair the powers of the eecutor,administrator, or other personal representative of the decedentover such property for the purpose of administration. uchpersonal representative, however, shall report the attachment tothe court when any petition for distribution is filed, and in the ordermade upon such petition, distribution may be awarded to suchheir, legatee or devisee, but the property attached shall be

ordered delivered to the sheriff ma&ing the levy, subject to theclaim of such heir, legatee, or devisee, or any person claimingunder him. (8a)

Section 1".!xamination of party whose property is attached andpersons indebted to him or controlling his property$ delivery ofproperty to sheriff Any person owing debts to the party whose


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property is attached or having in his possession or under hiscontrol any credit or other personal property belonging to suchparty, may be re!uired to attend before the court in which theaction is pending, or before a commissioner appointed by thecourt, and be eamined on oath respecting the same. he party

whose property is attached may also be re!uired to attend for thepurpose of giving information respecting his property, and may beeamined on oath. he court may, after such eamination, orderpersonal property capable of manual delivery belonging to him, inthe possession of the person so re!uired to attend before thecourt, to be delivered to the cler& of the court or sheriff on suchterms as may be just, having reference to any lien thereon orclaim against the same, to await the judgment in the action. ('9a)

Section 11. "hen attached property may be sold after levy onattachment and before entry of #udgment. 3henever it shall bemade to appear to the court in which the action is pending, uponhearing with notice to both parties, that the property attached isperishable, or that the interests of all the parties to the action willbe subserved by the sale thereof, the court may order suchproperty to be sold at public auction in such manner as it maydirect, and the proceeds of such sale to be deposited in court toabide the judgment in the action. (''a)

Section 12. $ischarge of attachment upon giving counter%bond. After a writ of attachment has been enforced, the party whoseproperty has been attached, or the person appearing on hisbehalf, may move for the discharge of the attachment wholly or inpart on the security given. he court shall, after due notice andhearing, order the discharge of the attachment if the movantma&es a cash deposit, or files a counter"bond eecuted to theattaching party with the cler& of the court where the application ismade, in an amount e!ual to that fied by the court in the order ofattachment, eclusive of costs. ut if the attachment is sought tobe discharged with respect to a particular property, the counter"bond shall be e!ual to the value of that property as determined bythe court. In either case, the cash deposit or the counter"bondshall secure the payment of any judgment that the attaching partymay recover in the action. A notice of the deposit shall forthwithbe served on the attaching party. ;pon the discharge of an


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attachment in accordance with the provisions of this section, theproperty attached, or the proceeds of any sale thereof, shall bedelivered to the party ma&ing the deposit or giving the counter"bond, or to the person appearing on his behalf, the deposit orcounter"bond aforesaid standing in place of the property soreleased. hould such counter"bond for any reason be found tobe or become insufficient, and the party furnishing the same fail tofile an additional counter"bond, the attaching party may apply for anew order of attachment. ('+a)

Section 13. $ischarge of attachment on other grounds. heparty whose property has been ordered attached may file amotion with the court in which he action is pending, before or afterlevy or even after the release of the attached property, for an

order to set aside or discharge the attachment on the ground thatthe same was improperly or irregularly issued or enforced, or thatthe bond is insufficient. If the attachment is ecessive, thedischarge shall be limited to the ecess. If the motion be made onaffidavits on the part of the movant but not otherwise, theattaching party may oppose the motion by counter"affidavits orother evidence in addition to that on which the attachment wasmade. After due notice and hearing, the court shall order thesetting aside or the corresponding discharge of the attachment if itappears that it was improperly or irregularly issued or enforced, or

that the bond is insufficient, or that the attachment is ecessive,and the defect is not cured forthwith. ('-a)

Section 14.&roceedings where property claimed by third person. If the property attached is claimed by any person other than theparty against whom attachment had been issued or his agent, andsuch person ma&es an affidavit of his title thereto, or right to thepossession thereof, stating the grounds of such right or title, andserves such affidavit upon the sheriff while the latter haspossession of the attached property, and a copy thereof upon theattaching party, the sheriff shall not be bound to &eep the propertyunder attachment, unless the attaching party or his agent, ondemand of the sheriff, shall file a bond approved by the court toindemnify the third"party claimant in a sum not less than the valueof the property levied upon. In case of disagreement as to suchvalue, the same shall be decided by the court issuing the writ of


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attachment. /o claim for damages for the ta&ing or &eeping of theproperty may be enforced against the bond unless the actiontherefor is filed within one hundred twenty ('+9) days from thedate of the filing of the bond.

he sheriff shall not be liable for damages for the ta&ing or&eeping of such property to any such third"party claimant, if suchbond shall be filed. /othing herein contained shall prevent suchclaimant or any third person from vindicating his claim to theproperty, or prevent the attaching party from claiming damagesagainst a third"party claimant who filed a frivolous or plainlyspurious claim, in the same or a separate action.

3hen the writ of attachment is issued in favor of the 2epublic ofthe #hilippines, or any officer duly representing it, the filing of suchbond shall not be re!uired, and in case the sheriff is sued fordamages as a result of the attachment, he shall be represented bythe olicitor


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the action, and stated in the judgment, and paying the proceeds ofsuch collection over to the judgment obligee.

he sheriff shall forthwith ma&e a return in writing to the court ofhis proceedings under this section and furnish the parties with

copies thereof. ('0a)

Section 16. alance due collected upon an execution$ excessdelivered to #udgment obligor. If after reali%ing upon all theproperty attached, including the proceeds of any debts or creditscollected, and applying the proceeds to the satisfaction of the

judgment less the epenses of proceedings upon the judgmentany balance shall remain due, the sheriff must proceed to collectsuch balance as upon ordinary eecution. 3henever the judgmentshall have been paid, the sheriff, upon reasonable demand, mustreturn to the judgment obligor the attached property remaining inhis hands, and any proceeds of the sale of the property attachednot applied to the judgment. ('1a)

Section 17. (ecovery upon the counter%bond. 3hen thejudgment has become eecutory, the surety or sureties on anycounter"bond given pursuant to the provisions of this 2ule tosecure the payment of the judgment shall become charged onsuch counter"bond and bound to pay the judgment obligee upon

demand the amount due under the judgment, which amount maybe recovered from such surety or sureties after notice andsummary hearing in the same action. ('6a)

Section 1.$isposition of money deposited. 3here the partyagainst whom attachment had been issued has deposited moneyinstead of giving counter"bond, it shall be applied under thedirection of the court to the satisfaction of any judgment renderedin favor of the attaching party, and after satisfying the judgmentthe balance shall be refunded to the depositor or his assignee. If

the judgment is in favor of the party against whom attachment wasissued, the whole sum deposited must be refunded to him or hisassignee. ('7a)

Section 1!. $isposition of attached property where #udgment isfor party against whom attachment was issued. If judgment berendered against the attaching party, all the proceeds of sales and


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money collected or received by the sheriff, under the order ofattachment, and all property attached remaining in any suchofficer*s hands, shall be delivered to the party against whomattachment was issued, and the order of attachment discharged.('8a)

Section 2".Claim for damages on account of improper, irregularor excessive attachment. An application for damages onaccount of improper, irregular or ecessive attachment must befiled before the trial or before appeal is perfected or before the

judgment becomes eecutory, with due notice to the attachingparty and his surety or sureties setting forth the facts showing hisright to damages and the amount thereof. uch damages may beawarded only after proper hearing and shall be included in the

judgment on the main case.

If the judgment of the appellate court be favorable to the partyagainst whom the attachment was issued he must claim damagessustained during the pendency of the appeal by filing anapplication in the appellate court, with notice to the party in whosefavor the attachment was issued or his surety or sureties, beforethe judgment of the appellate court becomes eecutory. heappellate court may allow the application to be heard and decidedby the trial court.

/othing herein contained shall prevent the party against whom theattachment was issued from recovering in the same action thedamages awarded to him from any property of the attaching partynot eempt from eecution should the bond or deposit given bythe latter be insufficient or fail to fully satisfy the award. (+9a)

RULE 5

Preliminary #n$%nction

Section 1. &reliminary in#unction defined$ classes. Apreliminary injunction is an order granted at any stage of an actionor proceeding prior to the judgment or final order, re!uiring a partyor a court, agency or a person to refrain from a particular act oracts. It may also re!uire the performance of a particular act or


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acts, in which case it shall be &nown as a preliminary mandatoryinjunction. ('a)

Section 2."ho may grant preliminary in#unction. A preliminaryinjunction may be granted by the court where the action or

proceeding is pending. If the action or proceeding is pending inthe ourt of Appeals or in the upreme ourt, it may be issued bysaid court or any member thereof. (+a)

Section 3. Grounds for issuance of preliminary in#unction. Apreliminary injunction may be granted when it is established:

(a) hat the applicant is entitled to the relief demanded, and thewhole or part of such relief consists in restraining the commissionor continuance of the act or acts complained of, or in re!uiring the

performance of an act or acts either for a limited period orperpetually$

(b) hat the commission, continuance or non"performance of theact or acts complained of during the litigation would probably wor&

injustice to the applicant$ or

(c) hat 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 torender the judgment ineffectual. (-a)

Section 4.)erified application and bond for preliminary in#unctionor temporary restraining order. A preliminary injunction ortemporary restraining order may be granted only when:

(a) he application in the action or proceeding is verified, andshows facts entitling the applicant to the relief demanded$ and

(b) ;nless eempted by the court the applicant files with the courtwhere the action or proceeding is pending, a bond eecuted to theparty or person enjoined, in an amount to be fied by the court, tothe effect that the applicant will pay to such party or person alldamages which he may sustain by reason of the injunction ortemporary restraining order if the court should finally decide thatthe applicant was not entitled thereto. ;pon approval of the


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re!uisite bond, a writ of preliminary injunction shall be issued. (a)

(c) 3hen an application for a writ of preliminary injunction or atemporary restraining order is included in a complaint or anyinitiatory pleading, the case, if filed in a multiple"sala court, shall

be raffled only after notice to and in the presence of the adverseparty or the person to be enjoined. In any event, such notice shallbe preceded, or contemporaneously accompanied, by service ofsummons, together with a copy of the complaint or initiatorypleading and the applicant*s affidavit and bond, upon the adverseparty in the #hilippines.

=owever, where the summons could not be served personally orby substituted service despite diligent efforts, or the adverse partyis a resident of the #hilippines temporarily absent therefrom or is anonresident thereof, the re!uirement of prior or contemporaneousservice of summons shall not apply.

(d) he application for a temporary restraining order shallthereafter be acted upon only after all parties are heard in asummary hearing which shall be conducted within twenty"four (+)hours after the sheriff*s return of service and>or the records arereceived by the branch selected by raffle and to which the recordsshall be transmitted immediately.

Section 5. &reliminary in#unction not granted without notice$exception. /o preliminary injunction shall be granted withouthearing and prior notice to the party or person sought to beenjoined. If it shall appear from facts shown by affidavits or by theverified application that great or irreparable injury would result tothe applicant before the matter can be heard on notice, the courtto which the application for preliminary injunction was made, mayissue a temporary restraining order to be effective only for aperiod of twenty (+9) days from service on the party or person

sought to be enjoined, ecept as herein provided. 3ithin the saidtwenty"day period, the court must order said party or person toshow cause, at a specified time and place, why the injunctionshould not be granted, determine within the same period whetheror not the preliminary injunction shall be granted, and accordinglyissue the corresponding order. (ar ?atter /o. 79-, '6 @ebruary'887)


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=owever, and subject to the provisions of the preceding sections,if the matter is of etreme urgency and the applicant will suffergrave injustice and irreparable injury, the eecutive judge of amultiple"sala court or the presiding judge of a single sala courtmay issue ex partea temporary restraining order effective for onlyseventy"two (6+) hours from issuance but he shall immediatelycomply with the provisions of the net preceding section as toservice of summons and the documents to be served therewith.hereafter, within the aforesaid seventy"two (6+) hours, the judgebefore whom the case is pending shall conduct a summaryhearing to determine whether the temporary restraining order shallbe etended until the application for preliminary injunction can beheard. In no case shall the total period of effectivity of thetemporary restraining order eceed twenty (+9) days, including the

original seventy"two hours provided herein.

In the event that the application for preliminary injunction is deniedor not resolved within the said period, the temporary restrainingorder is deemed, automatically vacated. he effectivity of atemporary restraining order is not etendible without need of any

judicial declaration to that effect and no court shall have authorityto etend or renew the same on the same ground for which it wasissued.

=owever, if issued by the ourt of Appeals or a member thereof,the temporary restraining order shall be effective for sity (19)days from service on the party or person sought to be enjoined. Arestraining, order issued by the upreme ourt or a memberthereof shall be effective until further orders. (0a)

Section 6.Grounds for ob#ection to,or for motion of dissolutionof* in#unction or restraining order. he application for injunctionor restraining order may be denied, upon a showing of itsinsufficiency. he injunction or restraining order may also be

denied, or, if granted, may be dissolved, on other grounds uponaffidavits of the party or person enjoined, which may be opposedby the applicant also by affidavits. It may further be denied, or ifgranted, may be dissolved, if it appears after hearing that althoughthe applicant is entitled to the injunction or restraining order, theissuance or continuance thereof, as the case may be, wouldcause irreparable damage to the party or person enjoined while


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the applicant can be fully compensated for such damages as hemay suffer, and the former files a bond in an amount fied by thecourt conditioned that he will pay all damages which the applicantmay suffer by the denial or the dissolution of the injunction orrestraining order. If it appears that the etent of the preliminaryinjunction or restraining order granted is too great, it may bemodified. (1a)

Section 7. Service of copies of bonds$ effect of disapproval ofsame. he party filing a bond in accordance with the provisionsof this 2ule shall forthwith serve a copy of such bond on the otherparty, who may ecept to the sufficiency of the bond, or of thesurety or sureties thereon. If the applicant*s bond is found to beinsufficient in amount, or if the surety or sureties thereon fail to

justify, and a bond sufficient in amount with sufficient suretiesapproved after justification is not filed forthwith the injunction shallbe dissolved. If the bond of the adverse party is found to beinsufficient in amount, or the surety or sureties thereon fail to

justify a bond sufficient in amount with sufficient sureties approvedafter justification is not filed forthwith, the injunction shall begranted or restored, as the case may be. (7a)

Section . +udgment to include damages against party andsureties. At the trial, the amount of damages to be awarded to

either party, upon the bond of the adverse party, shall be claimed,ascertained, and awarded under the same procedure prescribedin section +9 of 2ule 06. (8a)

Section !."hen final in#unction granted. If after the trial of theaction it appears that the applicant is entitled to have the act oracts complained of permanently enjoined the court shall grant afinal injunction perpetually restraining the party or person enjoinedfrom the commission or continuance of the act or acts ofconfirming the preliminary mandatory injunction. ('9a)

RULE 5!

Receivershi&

Section 1. Appointment of receiver. ;pon a verified


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application, one or more receivers of the property subject of theaction or proceeding may be appointed by the court where theaction is pending or by the ourt of Appeals or by the upremeourt, or a member thereof, in the following cases:

(a) 3hen it appears from the verified application, and such otherproof as the court may re!uire, that the party applying for theappointment of a receiver has an interest in the property or fund

which is the subject of the action or proceeding, and that suchproperty or fund is in danger of being lost, removed, or materiallyinjured unless a receiver be appointed to administer and preserveit$

(b) 3hen it appears in an action by the mortgagee for theforeclosure of a mortgage that the property is in danger of being

wasted or dissipated or materially injured, and that its value isprobably insufficient to discharge the mortgage debt, or that theparties have so stipulated in the contract of mortgage$

(c) After judgment, to preserve the property during the pendencyof an appeal, or to dispose of it according to the judgment, or toaid eecution when the eecution has been returned unsatisfiedor the judgment obligor refuses to apply his property insatisfaction of the judgment, or otherwise to carry the judgment

into effect$

(d) 3henever in other cases it appears that the appointment of areceiver is the most convenient and feasible means of preserving,administering, or disposing of the property in litigation.

5uring the pendency of an appeal, the appellate court may allowan application for the appointment of a receiver to be filed in anddecided by the court of origin and the receiver appointed to besubject to the control of said court. ('a)

Section 2.ond on appointment of receiver. efore issuing theorder appointing a receiver the court shall re!uire the applicant tofile a bond eecuted to the party against whom the application ispresented, in an amount to be fied by the court, to the effect thatthe applicant will pay such party all damages he may sustain byreason of the appointment of such receiver in case the applicant


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shall have procured such appointment without sufficient cause$and the court may, in its discretion, at any time after theappointment, re!uire an additional bond as further security forsuch damages. (-a)

Section 3.$enial of application or discharge of receiver. heapplication may be denied, or the receiver discharged, when theadverse party files a bond eecuted to the applicant, in an amountto be fied by the court, to the effect that such party will pay theapplicant all damages he may suffer by reason of the acts,omissions, or other matters specified in the application as groundfor such appointment. he receiver may also be discharged if it isshown that his appointment was obtained without sufficient cause.(a)

Section 4.,ath and bond of receiver. efore entering upon hisduties, the receiver shall be sworn to perform them faithfully, andshall file a bond, eecuted to such person and in such sum as thecourt may direct, to the effect that he will faithfully discharge hisduties in the action or proceeding and obey the orders of thecourt. (0a)

Section 5. Service of copies of bonds$ effect of disapproval ofsame. he person filing a bond in accordance with the

provisions of this 2ule shall forthwith serve a copy thereof on eachinterested party, who may ecept to its sufficiency or of the suretyor sureties thereon. If either the applicant*s or the receiver*s bondis found to be insufficient in amount, or if the surety or suretiesthereon fail to justify, and a bond sufficient in amount withsufficient sureties approved after justification is not filed forthwith,the application shall be denied or the receiver discharged, as thecase may be. If the bond of the adverse party is found to beinsufficient in amount or the surety or sureties thereon fail to

justify, and a bond sufficient in amount with sufficient sureties

approved after justification is not filed forthwith, the receiver shallbe appointed or re"appointed, as the case may be. (1a)

Section 6.General powers of receiver. ubject to the control ofthe court in which the action or proceeding is pending a receivershall have the power to bring and defend, in such capacity,actions in his own name$ to ta&e and &eep possession of the


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property in controversy$ to receive rents$ to collect debts due tohimself as receiver or to the fund, property, estate, person, orcorporation of which he is the receiver$ to compound for andcompromise the same$ to ma&e transfers$ to pay outstandingdebts$ to divide the money and other property that shall remainamong the persons legally entitled to receive the same$ andgenerally to do such acts respecting the property as the court mayauthori%e. =owever, funds in the hands of a receiver may beinvested only by order of the court upon the written consent of allthe parties to the action. (6a)

/o action may be filed by or against a receiver without leave ofthe court which appointed him. (n)

Section 7. -iability for refusal or neglect to deliver property toreceiver. A person who refuses or neglects, upon reasonabledemand, to deliver to the receiver all the property, money, boo&s,deeds, notes, bills, documents and papers within his power orcontrol, subject of or involved in the action or proceeding, or incase of disagreement, as determined and ordered by the court,may be punished for contempt and shall be liable to the receiverfor the money or the value of the property and other things sorefused or neglected to be surrendered, together with all damagesthat may have been sustained by the party or parties entitled

thereto as a conse!uence of such refusal or neglect. (n)

Section ..ermination of receivership$ compensation of receiver. 3henever the court, motu proprioor on motion of either party,shall determine that the necessity for a receiver no longer eists, itshall, after due notice to all interested parties and hearing, settlethe accounts of the receiver, direct the delivery of the funds andother property in his possession to the person adjudged to beentitled to receive them and order the discharge of the receiverfrom further duty as such. he court shall allow the receiver such

reasonable compensation as the circumstances of the casewarrant, to be taed as costs against the defeated party, orapportioned, as justice re!uires. (7a)

Section !.+udgment to include recovery against sureties. heamount, if any, to be awarded to any party upon any bond filed inaccordance with the provisions of this 2ule, shall be claimed,


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ascertained, and granted under the same procedure prescribed insection +9 of 2ule 06. (8a)

RULE 6"

Re&levin

Section 1.Application. A party praying for the recovery ofpossession of personal property may, at the commencement ofthe action or at any time before answer, apply for an order for thedelivery of such property to him, in the manner hereinafterprovided. ('a)

Section 2.Affidavit and bond. he applicant must show by hisown affidavit or that of some other person who personally &nows

the facts:

(a) hat the applicant is the owner of the property claimed,particularly describing it, or is entitled to the possession thereof$

(b) hat the property is wrongfully detained by the adverse party,alleging the cause of detention thereof according to the best of his&nowledge, information, and belief $

(c) hat the property has not been distrained or ta&en for a ta

assessment or a fine pursuant to law, or sei%ed under a writ ofeecution or preliminary attachment, or otherwise placed undercustodia legis, or if so sei%ed, that it is eempt from such sei%ureor custody$ and

(d) he actual mar&et value of the property.

he applicant must also give a bond, eecuted to the adverseparty in double the value of the property as stated in the affidavitaforementioned, for the return of the property to the adverse party

if such return be adjudged, and for the payment to the adverseparty of such sum as he may recover from the applicant in theaction. (+a)

Section 3.,rder. ;pon the filing of such affidavit and approvalof the bond, the court shall issue an order and the corresponding

writ of replevin, describing the personal property alleged to be


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wrongfully detained and re!uiring the sheriff forthwith to ta&e suchproperty into his custody. (-a)

Section 4.$uty of the sheriff ;pon receiving such order, thesheriff must serve a copy thereof on the adverse party, together

with a copy of the application, affidavit and bond, and mustforthwith ta&e the property, if it be in the possession of theadverse party, or his agent, and retain it in his custody. If theproperty or any part thereof be concealed in a building orenclosure, the sheriff must demand its delivery, and if it be notdelivered, he must cause the building or enclosure to be bro&enopen and ta&e the property into his possession. After the sheriffhas ta&e possession of the property as herein provided, he must&eep it in a secure place and shall be responsible for its delivery

to the party entitled thereto upon receiving his fees and necessaryepenses for ta&ing and &eeping the same. (a)

Section 5.(eturn of property. If the adverse party objects tothe sufficiency of the applicant*s bond, or of the surety or suretiesthereon, he cannot immediately re!uire the return of the property,but if he does not so object, he may, at any time before thedelivery of the property to the applicant, re!uire the return thereof,by filing with the court where the action is pending a bondeecuted to the applicant, in double the value of the property as

stated in the applicant*s affidavit for the delivery thereof to theapplicant, if such delivery be adjudged, and for the payment ofsuch sum, to him as may be recovered against the adverse party,and by serving a copy of such bond on the applicant. (0a)

Section 6.$isposition of property by sheriff If within five (0)days after the ta&ing of the property by the sheriff, the adverseparty does not object to the sufficiency of the bond, or of thesurety or sureties thereon$ or if the adverse party so objects andthe court affirms its approval of the applicant*s bond or approves a

new bond, or if the adverse party re!uires the return of theproperty but his bond is objected to and found insufficient and hedoes not forthwith file an approved bond, the property shall bedelivered to the applicant. If for any reason the property is notdelivered to the applicant, the sheriff must return it to the adverseparty. (1a)


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Section 7.&roceedings where property claimed by third person. If the property ta&en is claimed by any person other than theparty against whom the writ of replevin had been issued or hisagent, and such person ma&es an affidavit of his title thereto, orright to the possession thereof, stating the grounds therefor, andserves such affidavit upon the sheriff while the latter haspossession of the property and a copy thereof upon the applicant,the sheriff shall not be bound to &eep the property under replevinor deliver it to the applicant unless the applicant or his agent, ondemand of said sheriff, shall file a bond approved by the court toindemnify the third"party claimant in a sum not less than the valueof the property under replevin as provided in section + hereof. Incase of disagreement as to such value, the court shall determinethe same. /o claim for damages for the ta&ing or &eeping, of the

property may be enforced against the bond unless the actiontherefor is filed within one hundred twenty ('+9) days from thedate of the filing of the bond.

he sheriff shall not be liable for damages, for the ta&ing or&eeping of such property, to any such third"party claimant if suchbond shall be filed. /othing herein contained shall prevent suchclaimant or any third person from vindicating his claim to theproperty, or prevent the applicant from claiming damages againsta third"party claimant who filed a frivolous or plainly spurious

claim, in the same or a separate action.

3hen the writ of replevin is issued in favor of the 2epublic of the#hilippines, or any officer duly representing it, the filing of suchbond shall not be re!uired, and in case the sheriff is sued fordamages as a result of the replevin, he shall be represented bythe olicitor


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delivery thereof to the party entitled to the same, or for its value incase delivery cannot be made, and also for such damages aseither party may prove, with costs. (8a)

Section 1".+udgment to include recovery against sureties.

he amount, if any, to be awarded to any party upon any bondfiled in accordance with the provisions of this 2ule, shall beclaimed, ascertained, and granted under the same procedure asprescribed in section +9 of 2ule 06. ('9a)

RULE 61

S%&&ort Pendente Lite

Section 1.Application. At the commencement of the properaction or proceeding, or at any time prior to the judgment or finalorder, a verified application for supportpendente litemay be filedby any party stating the grounds for the claim and the financialconditions of both parties, and accompanied by affidavits,depositions or other authentic documents in support thereof. ('a)

Section 2. Comment. A copy of the application and allsupporting documents shall be served upon the adverse party,

who shall have five (0) days to comment thereon unless a

different period is fied by the court upon his motion. hecomment shall be verified and shall be accompanied by affidavits,depositions or other authentic documents in support thereof. (+a,-a)

Section 3. /earing. After the comment is filed, or after theepiration of the period for its filing, the application shall be set forhearing not more than three (-) days thereafter. he facts in issueshall be proved in the same manner as is provided for evidenceon motions. (a)

Section 4.,rder. he court shall determine provisionally thepertinent facts, and shall render such orders as justice and e!uitymay re!uire, having the regard to the probable outcome of thecase and such other circumstances as may aid in the properresolution of the !uestion involved. If the application is granted,the court shall fi the amount of money to be provisionally paid or


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such other forms of support as should be provided, ta&ing intoaccount the necessities of the applicant and the resources ormeans of the adverse party, and the terms of payment or modefor providing the support. If the application is denied, the principalcase shall be tried and decided as early as possible. (0a)

Section 5.!nforcement of order. If the adverse party fails tocomply with an order granting support pendente lite, the courtshall, motu proprioor upon motion$ issue an order of eecutionagainst him, without prejudice to his liability for contempt. (1a)

3hen the person ordered to give supportpendente literefuses orfails to do so, any third person who furnished that support to theapplicant may, after due notice and hearing in the same caseobtain a writ of eecution to enforce his right of reimbursementagainst the person ordered to provide such support. (h)

Section 6.Support in criminal cases. In criminal actions wherethe civil liability includes support for the offspring as aconse!uence of the crime and the civil aspect thereof has notbeen waived, reserved and instituted prior to its filing, the accusedmay be ordered to provide supportpendente liteto the child bornto the offended party allegedly because of the crime. heapplication therefor may be filed successively by the offended

party, her parents, grandparents or guardian and the tate in thecorresponding criminal case during its pendency, in accordance

with the procedure established under this 2ule. (n)

Section 7.(estitution. 3hen the judgment or final order of thecourt finds that the person who has been providing support

pendente lite is not liable therefor, it shall order the recipientthereof to return to the former the amounts already paid with legalinterest from the dates of actual payment, without prejudice to theright of the recipient to obtain reimbursement in a separate action

from the person legally obliged to give the support. hould therecipient fail to reimburse said amounts, the person who providedthe same may li&ewise see& reimbursement thereof in a separateaction from the person legally obliged to give such support. (n)

Documents

Provisional Remedies- Codal.co