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PROVISIONAL REMEDIES

RULE 57

Preliminary Attachment

Section 1. Grounds upon whichattachment may issue . At the commencement of the action or at any time before entry of judgment, aplaintiff or any proper party may have the property of the adverse partyattached as security for the satisfaction of any judgment that may be recoveredin the following cases:

(a) In an action for the recovery of a specified amount ofmoney or damages, other than moral and exemplary, on a cause of action arisingfrom law, contract, quasi-contract, delict or quasi-delict against a party whois about to depart from the Philippines with intent to defraud his creditors;

(b) In an action for money or property embezzled orfraudulently misapplied or converted to his own use by a public officer, or anofficer of a corporation, or an attorney, factor, broker, agent, or clerk, inthe course of his employment as such, or by any other person in a fiduciarycapacity, or for a willful violation of duty;

(c) In an action to recover the possession of propertyunjustly or fraudulently taken, detained or converted, when the property, orany part thereof, has been concealed, removed, or disposed of to prevent itsbeing found or taken by the applicant or an authorized person;

(d) In an action against a party who has been guilty of afraud in contracting the debt or incurring the obligation upon which the actionis brought, or in the performance thereof;

(e) In an action against a party who has removed ordisposed of his property, or is about to do so, with intent to defraud hiscreditors; or

(f) In an action against a party who does not reside and isnot found in the Philippines, or on whom summons may be served by publication.(1a)

Section 2. Issuance and contentsof order . An order of attachment may be issued either ex parte or upon motionwith notice and hearing by the court in which the action is pending, or by theCourt of Appeals or the Supreme Court, and must require the sheriff of thecourt to attach so much of the property in the Philippines of the party againstwhom it is issued, not exempt from execution, as may be sufficient to satisfythe applicant's demand, unless such party makes deposit or gives a bond ashereinafter provided in an amount equal to that fixed in the order, which maybe the amount sufficient to satisfy the applicant's demand or the value of theproperty to be attached as stated by the applicant, exclusive of costs. Severalwrits may be issued at the same time to the sheriffs of the courts of differentjudicial regions. (2a)

Section 3. Affidavit and bondrequired . An order of attachment shall be granted only when it appears by the affidavitof the applicant, or of some other person who personally knows the facts, thata sufficient cause of action exists, that the case is one of those mentioned insection 1 hereof, that there is no other sufficient security for the claimsought to be enforced by the action, and that the amount due to the applicant,or the value of the property the possession of which he is entitled to recover,is as much as the sum for which the order is granted above all legalcounterclaims. The affidavit, and the bond required by the next succeedingsection, must be duly filed with the court before the order issues. (3a)

Section 4. Condition ofapplicant's bond . The party applying for the order must thereafter give a bond executed to theadverse party in the amount fixed by the court in its order granting theissuance of the writ, conditioned that the latter will pay all the costs whichmay be adjudged to the adverse party and all damages which he may sustain byreason of the attachment, if the court shall finally adjudge that the applicantwas not entitled thereto. (4a)

Section 5. Manner of attachingproperty . The sheriff enforcing the writ shall without delay and with all reasonablediligence attach, to await judgment and execution in the action, only so muchof the property in the Philippines of the party against whom the writ isissued, not exempt from execution, as may be sufficient to satisfy theapplicant's demand, unless the former makes a deposit with the court from whichthe writ is issued, or gives a counter-bond executed to the applicant, in anamount equal to the bond fixed by the court in the order of attachment or tothe value of the property to be attached, exclusive of costs. No levy onattachment pursuant to the writ issued under section 2 hereof shall be enforcedunless it is preceded, or contemporaneously accompanied, by service of summons,together with a copy of the complaint, the application for attachment theapplicant's affidavit and bond, and the order and writ of attachment, on thedefendant within the Philippines.

The requirement of prior or contemporaneous service ofsummons shall not apply where the summons could not be served personally or bysubstituted service despite diligent efforts, or the defendant is a resident ofthe Philippines temporarily absent therefrom, or the defendant is anon-resident of the Philippines, or the action is one in rem or quasiin rem . (5a)

Section 6. Sheriff's return . After enforcing thewrit, the sheriff must likewise without delay make a return thereon to thecourt from which the writ issued, with a full statement of his proceedingsunder the writ and a complete inventory of the property attached, together withany counter-bond given by the party against whom attachment is issued, andserve copies thereof on the applicant. (6a)

Section 7. Attachment of real andpersonal property ;recording thereof. Real and personal property shall be attached by thesheriff executing the writ in the following manner:

(a) Real property, or growing crops thereon, or anyinterest therein, standing upon the record of the registry of deeds of theprovince in the name of the party against whom attachment is issued, or notappearing at all upon such records, or belonging to the party against whomattachment is issued and held by any other person, or standing on the recordsof the registry of deeds in the name of any other person, by filing with theregistry of deeds a copy of the order, together with a description of theproperty attached, and a notice that it is attached, or that such real propertyand any interest therein held by or standing in the name of such other personare attached, and by leaving a copy of such order, description, and notice withthe occupant of the property, if any, or with such other person or his agent iffound within the province. Where the property has been brought under theoperation of either the Land Registration Act or the Property RegistrationDecree, the notice shall contain a reference to the number of the certificateof title, the volume and page in the registration book where the certificate isregistered, and the registered owner or owners thereof.

The registrar of deeds must index attachments filed underthis section in the names of the applicant, the adverse party, or the person bywhom the property is held or in whose name it stands in the records. If theattachment is not claimed on the entire area of the land covered by thecertificate of title, a description sufficiently accurate for theidentification of the land or interest to be affected shall be included in theregistration of such attachment;

(b) Personal property capable of manual delivery, by takingand safely keeping it in his custody, after issuing the corresponding receipttherefor.

(c) Stocks or shares, or an interest in stocks or shares,of any corporation or company, by leaving with the president or managing agentthereof, a copy of the writ, and a notice stating that the stock or interest ofthe party against whom the attachment is issued is attached in pursuance ofsuch writ;

(d) Debts and credits, including bank deposits, financialinterest, royalties, commissions and other personal property not capable ofmanual delivery, by leaving with the person owing such debts, or having in hispossession or under his control, such credits or other personal property, orwith his agent, a copy of the writ, and notice that the debts owing by him tothe party against whom attachment is issued, and the credits and other personalproperty in his possession, or under his control, belonging to said party, areattached in pursuance of such writ;

(e) The interest of the party against whom attachment isissued in property belonging to the estate of the decedent, whether as heir,legatee, or devisee, by serving the executor or administrator or other personalrepresentative of the decedent with a copy of the writ and notice that saidinterest is attached. A copy of said writ of attachment and of said noticeshall also be filed in the office of the clerk of the court in which saidestate is being settled and served upon the heir, legatee or devisee concerned.

If the property sought to be attached is in custodialegis , a copy of the writ of attachment shall be filed with the propercourt or quasi-judicial agency, and notice of the attachment served upon thecustodian of such property. (7a)

Section 8. Effect of attachment ofdebts ,credits and all other similar personal property . All persons having intheir possession or under their control any credits or other similar personalproperty belonging to the party against whom attachment is issued, or owing anydebts to him, at the time of service upon them of the copy of the writ ofattachment and notice as provided in the last preceding section, shall beliable to the applicant for the amount of such credits, debts or other similarpersonal property, until the attachment is discharged, or any judgmentrecovered by him is satisfied, unless such property is delivered ortransferred, or such debts are paid, to the clerk, sheriff, or other properofficer of the court issuing the attachment. (8a)

Section 9. Effect of attachment ofinterests in property belonging to the estate of a decedent . The attachment ofthe interest of an heir, legatee, or devisee in the property belonging to theestate of a decedent shall not impair the powers of the executor,administrator, or other personal representative of the decedent over suchproperty for the purpose of administration. Such personal representative,however, shall report the attachment to the court when any petition fordistribution is filed, and in the order made upon such petition, distributionmay be awarded to such heir, legatee or devisee, but the property attachedshall be ordered delivered to the sheriff making the levy, subject to the claimof such heir, legatee, or devisee, or any person claiming under him. (9a)

Section 10. Examination of partywhose property is attached and persons indebted to him or controlling hisproperty ;delivery of property to sheriff. Any person owing debts to the partywhose property is attached or having in his possession or under his control anycredit or other personal property belonging to such party, may be required toattend before the court in which the action is pending, or before acommissioner appointed by the court, and be examined on oath respecting thesame. The party whose property is attached may also be required to attend forthe purpose of giving information respecting his property, and may be examinedon oath. The court may, after such examination, order personal property capableof manual delivery belonging to him, in the possession of the person sorequired to attend before the court, to be delivered to the clerk of the courtor sheriff on such terms as may be just, having reference to any lien thereonor claim against the same, to await the judgment in the action. (10a)

Section 11. When attached propertymay be sold after levy on attachment and before entry of judgment . Whenever it shallbe made to appear to the court in which the action is pending, upon hearingwith notice to both parties, that the property attached is perishable, or thatthe interests of all the parties to the action will be subserved by the salethereof, the court may order such property to be sold at public auction in suchmanner as it may direct, and the proceeds of such sale to be deposited in courtto abide the judgment in the action. (11a)

Section 12. Discharge of attachmentupon giving counter-bond . After a writ of attachment has been enforced, the partywhose property has been attached, or the person appearing on his behalf, maymove for the discharge of the attachment wholly or in part on the securitygiven. The court shall, after due notice and hearing, order the discharge ofthe attachment if the movant makes a cash deposit, or files a counter-bondexecuted to the attaching party with the clerk of the court where theapplication is made, in an amount equal to that fixed by the court in the orderof attachment, exclusive of costs. But if the attachment is sought to bedischarged with respect to a particular property, the counter-bond shall beequal to the value of that property as determined by the court. In either case,the cash deposit or the counter-bond shall secure the payment of any judgmentthat the attaching party may recover in the action. A notice of the depositshall forthwith be served on the attaching party. Upon the discharge of anattachment in accordance with the provisions of this section, the propertyattached, or the proceeds of any sale thereof, shall be delivered to the partymaking the deposit or giving the counter-bond, or to the person appearing onhis behalf, the deposit or counter-bond aforesaid standing in place of theproperty so released. Should such counter-bond for any reason be found to be orbecome insufficient, and the party furnishing the same fail to file anadditional counter-bond, the attaching party may apply for a new order ofattachment. (12a)

Section 13. Discharge of attachmenton other grounds . The party whose property has been ordered attached may file a motion with thecourt in which he action is pending, before or after levy or even after therelease of the attached property, for an order to set aside or discharge theattachment on the ground that the same was improperly or irregularly issued orenforced, or that the bond is insufficient. If the attachment is excessive, thedischarge shall be limited to the excess. If the motion be made on affidavitson the part of the movant but not otherwise, the attaching party may oppose themotion by counter-affidavits or other evidence in addition to that on which theattachment was made. After due notice and hearing, the court shall order thesetting aside or the corresponding discharge of the attachment if it appearsthat it was improperly or irregularly issued or enforced, or that the bond isinsufficient, or that the attachment is excessive, and the defect is not curedforthwith. (13a)

Section 14. Proceedings whereproperty claimed by third person . If the property attached is claimed by anyperson other than the party against whom attachment had been issued or hisagent, and such person makes an affidavit of his title thereto, or right to thepossession thereof, stating the grounds of such right or title, and serves suchaffidavit upon the sheriff while the latter has possession of the attachedproperty, and a copy thereof upon the attaching party, the sheriff shall not bebound to keep the property under attachment, unless the attaching party or hisagent, on demand of the sheriff, shall file a bond approved by the court toindemnify the third-party claimant in a sum not less than the value of theproperty levied upon. In case of disagreement as to such value, the same shallbe decided by the court issuing the writ of attachment. No claim for damagesfor the taking or keeping of the property may be enforced against the bondunless the action therefor is filed within one hundred twenty (120) days fromthe date of the filing of the bond.

The sheriff shall not be liable for damages for the takingor keeping of such property to any such third-party claimant, if such bondshall be filed. Nothing herein contained shall prevent such claimant or anythird person from vindicating his claim to the property, or prevent theattaching party from claiming damages against a third-party claimant who fileda frivolous or plainly spurious claim, in the same or a separate action.

When the writ of attachment is issued in favor of theRepublic of the Philippines, or any officer duly representing it, the filing ofsuch bond shall not be required, and in case the sheriff is sued for damages asa result of the attachment, he shall be represented by the Solicitor General,and if held liable therefor, the actual damages adjudged by the court shall bepaid by the National Treasurer out of the funds to be appropriated for thepurpose. (14a)

Section 15. Satisfaction ofjudgment out of property attached , return of sheriff. If judgment berecovered by the attaching party and execution issue thereon, the sheriff maycause the judgment to be satisfied out of the property attached, if it besufficient for that purpose in the following manner:

(a) By paying to the judgment obligee the proceeds of allsales of perishable or other property sold in pursuance of the order of thecourt, or so much as shall be necessary to satisfy the judgment;

(b) If any balance remains due, by selling so much of theproperty, real or personal, as may be necessary to satisfy the balance, ifenough for that purpose remain in the sheriff's hands, or in those the clerk ofthe court;

(c) By collecting from all persons having in theirpossession credits belonging to the judgment obligor, or owing debts to thelatter at the time of the attachment of such credits or debts, the amount ofsuch credits and debts as determined by the court in the action, and stated inthe judgment, and paying the proceeds of such collection over to the judgmentobligee.

The sheriff shall forthwith make a return in writing to thecourt of his proceedings under this section and furnish the parties with copiesthereof. (15a)

Section 16. Balance due collectedupon an execution ;excess delivered to judgment obligor . If after realizing upon all theproperty attached, including the proceeds of any debts or credits collected,and applying the proceeds to the satisfaction of the judgment less the expensesof proceedings upon the judgment any balance shall remain due, the sheriff mustproceed to collect such balance as upon ordinary execution. Whenever thejudgment shall have been paid, the sheriff, upon reasonable demand, must returnto the judgment obligor the attached property remaining in his hands, and anyproceeds of the sale of the property attached not applied to the judgment.(16a)

Section 17. Recovery upon thecounter-bond . When the judgment has become executory, the surety or sureties on anycounter-bond given pursuant to the provisions of this Rule to secure thepayment of the judgment shall become charged on such counter-bond and bound topay the judgment obligee upon demand the amount due under the judgment, whichamount may be recovered from such surety or sureties after notice and summaryhearing in the same action. (17a)

Section 18. Disposition of moneydeposited . Where the party against whom attachment had been issued has deposited moneyinstead of giving counter-bond, it shall be applied under the direction of thecourt to the satisfaction of any judgment rendered in favor of the attachingparty, and after satisfying the judgment the balance shall be refunded to thedepositor or his assignee. If the judgment is in favor of the party againstwhom attachment was issued, the whole sum deposited must be refunded to him orhis assignee. (18a)

Section 19. Disposition of attachedproperty where judgment is for party against whom attachment was issued . If judgment berendered against the attaching party, all the proceeds of sales and moneycollected or received by the sheriff, under the order of attachment, and allproperty attached remaining in any such officer's hands, shall be delivered tothe party against whom attachment was issued, and the order of attachmentdischarged. (19a)

Section 20. Claim for damages onaccount of improper ,irregular or excessive attachment . An application for damages onaccount of improper, irregular or excessive attachment must be filed before thetrial or before appeal is perfected or before the judgment becomes executory,with due notice to the attaching party and his surety or sureties setting forththe facts showing his right to damages and the amount thereof. Such damages maybe awarded only after proper hearing and shall be included in the judgment on themain case.

If the judgment of the appellate court be favorable to theparty against whom the attachment was issued he must claim damages sustainedduring the pendency of the appeal by filing an application in the appellatecourt, with notice to the party in whose favor the attachment was issued or hissurety or sureties, before the judgment of the appellate court becomesexecutory. The appellate court may allow the application to be heard anddecided by the trial court.

Nothing herein contained shall prevent the party againstwhom the attachment was issued from recovering in the same action the damagesawarded to him from any property of the attaching party not exempt fromexecution should the bond or deposit given by the latter be insufficient or failto fully satisfy the award. (20a)

RULE 58

Preliminary Injunction

Section 1. Preliminary injunctiondefined ;classes . A preliminary injunction is an order granted at any stage ofan action or proceeding prior to the judgment or final order, requiring a partyor a court, agency or a person to refrain from a particular act or acts. It mayalso require the performance of a particular act or acts, in which case itshall be known as a preliminary mandatory injunction. (1a)

Section 2. Who may grantpreliminary injunction . A preliminary injunction may be granted by the courtwhere the action or proceeding is pending. If the action or proceeding ispending in the Court of Appeals or in the Supreme Court, it may be issued bysaid court or any member thereof. (2a)

Section 3. Grounds for issuance ofpreliminary injunction . A preliminary injunction may be granted when it isestablished:

(a) That the applicant is entitled to the relief demanded,and the whole or part of such relief consists in restraining the commission orcontinuance of the act or acts complained of, or in requiring the performanceof an act or acts either for a limited period or perpetually;

(b) That the commission, continuance or non-performance ofthe act or acts complained of during the litigation would probably workinjustice 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 donesome act or acts probably in violation of the rights of the applicantrespecting the subject of the action or proceeding, and tending to render thejudgment ineffectual. (3a)

Section 4. Verified applicationand bond for preliminary injunction or temporary restraining order . A preliminaryinjunction or temporary restraining order may be granted only when:

(a) The application in the action or proceeding isverified, and shows facts entitling the applicant to the relief demanded; and

(b) Unless exempted by the court the applicant files withthe court where the action or proceeding is pending, a bond executed to theparty or person enjoined, in an amount to be fixed by the court, to the effectthat the applicant will pay to such party or person all damages which he maysustain by reason of the injunction or temporary restraining order if the courtshould finally decide that the applicant was not entitled thereto. Uponapproval of the requisite bond, a writ of preliminary injunction shall beissued. (4a)

(c) When an application for a writ of preliminaryinjunction or a temporary restraining order is included in a complaint or anyinitiatory pleading, the case, if filed in a multiple-sala court, shall beraffled only after notice to and in the presence of the adverse party or theperson to be enjoined. In any event, such notice shall be preceded, orcontemporaneously accompanied, by service of summons, together with a copy ofthe complaint or initiatory pleading and the applicant's affidavit and bond,upon the adverse party in the Philippines.

However, where the summons could not be served personallyor by substituted service despite diligent efforts, or the adverse party is aresident of the Philippines temporarily absent therefrom or is a non-residentthereof, the requirement of prior or contemporaneous service of summons shallnot apply.

(d) The application for a temporary restraining order shallthereafter be acted upon only after all parties are heard in a summary hearingwhich shall be conducted within twenty-four (24) hours after the sheriff'sreturn of service and/or the records are received by the branch selected byraffle and to which the records shall be transmitted immediately.

Section 5. Preliminary injunctionnot granted without notice ; exception . No preliminary injunction shall begranted without hearing and prior notice to the party or person sought to beenjoined. If it shall appear from facts shown by affidavits or by the verifiedapplication that great or irreparable injury would result to the applicantbefore the matter can be heard on notice, the court to which the applicationfor preliminary injunction was made, may issue a temporary restraining order tobe effective only for a period of twenty (20) days from service on the party orperson sought to be enjoined, except as herein provided. Within the saidtwenty-day period, the court must order said party or person to show cause, ata specified time and place, why the injunction should not be granted, determinewithin the same period whether or not the preliminary injunction shall begranted, and accordingly issue the corresponding order.

However, and subject to the provisions of the precedingsections, if the matter is of extreme urgency and the applicant will suffergrave injustice and irreparable injury, the executive judge of a multiple-salacourt or the presiding judge of a single sala court may issue ex parte atemporary restraining order effective for only seventy-two (72) hours fromissuance but he shall immediately comply with the provisions of the nextpreceding section as to service of summons and the documents to be servedtherewith. Thereafter, within the aforesaid seventy-two (72) hours, the judgebefore whom the case is pending shall conduct a summary hearing to determinewhether the temporary restraining order shall be extended until the applicationfor preliminary injunction can be heard. In no case shall the total period ofeffectivity of the temporary restraining order exceed twenty (20) days,including the original seventy-two hours provided herein.

In the event that the application for preliminaryinjunction is denied or not resolved within the said period, the temporaryrestraining order is deemed, automatically vacated. The effectivity of atemporary restraining order is not extendible without need of any judicialdeclaration to that effect and no court shall have authority to extend or renewthe same on the same ground for which it was issued.

However, if issued by the Court of Appeals or a memberthereof, the temporary restraining order shall be effective for sixty (60) daysfrom service on the party or person sought to be enjoined. A restraining, orderissued by the Supreme Court or a member thereof shall be effective untilfurther orders.

The trial court, the Court of Appeals, the Sandiganbayan orthe Court of Tax Appeals that issued a writ of preliminary injunction against alower court, board, officer, or quasi-judicial agency shall decide the maincase or petition within six (6) months from the issuance of the writ.

Section 6. Grounds for objectionto , orfor motion of dissolution of, injunction or restraining order . Theapplication for injunction or restraining order may be denied, upon a showingof its insufficiency. The injunction or restraining order may also be denied,or, if granted, may be dissolved, on other grounds upon affidavits of the partyor person enjoined, which may be opposed by the applicant also by affidavits.It may further be denied, or if granted, may be dissolved, if it appears afterhearing that although the applicant is entitled to the injunction orrestraining order, the issuance or continuance thereof, as the case may be,would cause irreparable damage to the party or person enjoined while theapplicant can be fully compensated for such damages as he may suffer, and theformer files a bond in an amount fixed by the court conditioned that he willpay all damages which the applicant may suffer by the denial or the dissolutionof the injunction or restraining order. If it appears that the extent of thepreliminary injunction or restraining order granted is too great, it may bemodified. (6a)

Section 7. Service of copies ofbonds ;effect of disapproval of same . The party filing a bond in accordancewith the provisions of this Rule shall forthwith serve a copy of such bond onthe other party, who may except to the sufficiency of the bond, or of thesurety or sureties thereon. If the applicant's bond is found to be insufficientin amount, or if the surety or sureties thereon fail to justify, and a bondsufficient in amount with sufficient sureties approved after justification isnot filed forthwith the injunction shall be dissolved. If the bond of theadverse party is found to be insufficient in amount, or the surety or suretiesthereon fail to justify a bond sufficient in amount with sufficient suretiesapproved after justification is not filed forthwith, the injunction shall begranted or restored, as the case may be. (8a)

Section 8. Judgment to includedamages against party and sureties . At the trial, the amount of damages to beawarded to either party, upon the bond of the adverse party, shall be claimed,ascertained, and awarded under the same procedure prescribed in section 20 of Rule57. (9a)

Section 9. When final injunctiongranted . If after the trial of the action it appears that the applicant is entitled tohave the act or acts complained of permanently enjoined the court shall grant afinal injunction perpetually restraining the party or person enjoined from thecommission or continuance of the act or acts of confirming the preliminarymandatory injunction. (10a)

RULE 59

Receivership

Section 1. Appointment of receiver . Upon a verifiedapplication, one or more receivers of the property subject of the action orproceeding may be appointed by the court where the action is pending or by theCourt of Appeals or by the Supreme Court, or a member thereof, in the followingcases:

(a) When it appears from the verified application, and suchother proof as the court may require, that the party applying for theappointment of a receiver has an interest in the property or fund which is thesubject of the action or proceeding, and that such property or fund is indanger of being lost, removed, or materially injured unless a receiver beappointed to administer and preserve it;

(b) When it appears in an action by the mortgagee for theforeclosure of a mortgage that the property is in danger of being wasted ordissipated or materially injured, and that its value is probably insufficientto discharge the mortgage debt, or that the parties have so stipulated in thecontract of mortgage;

(c) After judgment, to preserve the property during thependency of an appeal, or to dispose of it according to the judgment, or to aidexecution when the execution has been returned unsatisfied or the judgmentobligor refuses to apply his property in satisfaction of the judgment, orotherwise to carry the judgment into effect;

(d) Whenever in other cases it appears that the appointmentof 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 mayallow an application for the appointment of a receiver to be filed in anddecided by the court of origin and the receiver appointed to be subject to thecontrol of said court. (1a)

Section 2. Bond on appointment ofreceiver . Before issuing the order appointing a receiver the court shall require theapplicant to file a bond executed to the party against whom the application ispresented, in an amount to be fixed by the court, to the effect that theapplicant will pay such party all damages he may sustain by reason of theappointment of such receiver in case the applicant shall have procured suchappointment without sufficient cause; and the court may, in its discretion, atany time after the appointment, require an additional bond as further securityfor such damages. (3a)

Section 3. Denial of applicationor discharge of receiver . The application may be denied, or the receiverdischarged, when the adverse party files a bond executed to the applicant, inan amount to be fixed by the court, to the effect that such party will pay theapplicant all damages he may suffer by reason of the acts, omissions, or othermatters specified in the application as ground for such appointment. Thereceiver may also be discharged if it is shown that his appointment wasobtained without sufficient cause. (4a)

Section 4. Oath and bond ofreceiver . Before entering upon his duties, the receiver shall be sworn to perform themfaithfully, and shall file a bond, executed to such person and in such sum asthe court may direct, to the effect that he will faithfully discharge hisduties in the action or proceeding and obey the orders of the court. (5a)

Section 5. Service of copies ofbonds ;effect of disapproval of same . The person filing a bond in accordancewith the provisions of this Rule shall forthwith serve a copy thereof on eachinterested party, who may except to its sufficiency or of the surety orsureties thereon. If either the applicant's or the receiver's bond is found tobe insufficient in amount, or if the surety or sureties thereon fail tojustify, and a bond sufficient in amount with sufficient sureties approvedafter justification is not filed forthwith, the application shall be denied orthe receiver discharged, as the case may be. If the bond of the adverse partyis found to be insufficient in amount or the surety or sureties thereon fail tojustify, and a bond sufficient in amount with sufficient sureties approvedafter justification is not filed forthwith, the receiver shall be appointed orre-appointed, as the case may be. (6a)

Section 6. General powers ofreceiver . Subject to the control of the court in which the action or proceeding ispending a receiver shall have the power to bring and defend, in such capacity,actions in his own name; to take and keep possession of the property incontroversy; to receive rents; to collect debts due to himself as receiver orto the fund, property, estate, person, or corporation of which he is thereceiver; to compound for and compromise the same; to make transfers; to payoutstanding debts; to divide the money and other property that shall remainamong the persons legally entitled to receive the same; and generally to dosuch acts respecting the property as the court may authorize. However, funds inthe hands of a receiver may be invested only by order of the court upon thewritten consent of all the parties to the action. (7a)

No action may be filed by or against a receiver withoutleave of the court which appointed him. (n)

Section 7. Liability for refusalor neglect to deliver property to receiver . A person who refuses or neglects,upon reasonable demand, to deliver to the receiver all the property, money,books, deeds, notes, bills, documents and papers within his power or control,subject of or involved in the action or proceeding, or in case of disagreement,as determined and ordered by the court, may be punished for contempt and shallbe liable to the receiver for the money or the value of the property and otherthings so refused or neglected to be surrendered, together with all damagesthat may have been sustained by the party or parties entitled thereto as aconsequence of such refusal or neglect. (n)

Section 8. Termination ofreceivership ;compensation of receiver . Whenever the court, motu proprio oron motion of either party, shall determine that the necessity for a receiver nolonger exists, it shall, after due notice to all interested parties andhearing, settle the accounts of the receiver, direct the delivery of the fundsand other property in his possession to the person adjudged to be entitled toreceive them and order the discharge of the receiver from further duty as such.The court shall allow the receiver such reasonable compensation as thecircumstances of the case warrant, to be taxed as costs against the defeatedparty, or apportioned, as justice requires. (8a)

Section 9. Judgment to includerecovery against sureties . The amount, if any, to be awarded to any party upon anybond filed in accordance with the provisions of this Rule, shall be claimed,ascertained, and granted under the same procedure prescribed in section 20 ofRule 57. (9a)

RULE 60

Replevin

Section 1. Application . A party praying forthe recovery of possession of personal property may, at the commencement of theaction or at any time before answer, apply for an order for the delivery ofsuch property to him, in the manner hereinafter provided. (1a)

Section 2. Affidavit and bond . The applicant mustshow by his own affidavit or that of some other person who personally knows thefacts:

(a) That the applicant is the owner of the propertyclaimed, particularly describing it, or is entitled to the possession thereof;

(b) That the property is wrongfully detained by the adverseparty, alleging the cause of detention thereof according to the best of hisknowledge, information, and belief ;

(c) That the property has not been distrained or taken fora tax assessment or a fine pursuant to law, or seized under a writ of executionor preliminary attachment, or otherwise placed under custodia legis , orif so seized, that it is exempt from such seizure or custody; and

(d) The actual market value of the property.

The applicant must also give a bond, executed to theadverse party in double the value of the property as stated in the affidavitaforementioned, for the return of the property to the adverse party if such returnbe adjudged, and for the payment to the adverse party of such sum as he mayrecover from the applicant in the action. (2a)

Section 3. Order . Upon the filing ofsuch affidavit and approval of the bond, the court shall issue an order and thecorresponding writ of replevin, describing the personal property alleged to bewrongfully detained and requiring the sheriff forthwith to take such propertyinto his custody. (3a)

Section 4. Duty of the sheriff. Upon receiving suchorder, the sheriff must serve a copy thereof on the adverse party, togetherwith a copy of the application, affidavit and bond, and must forthwith take theproperty, if it be in the possession of the adverse party, or his agent, andretain it in his custody. If the property or any part thereof be concealed in abuilding or enclosure, the sheriff must demand its delivery, and if it be notdelivered, he must cause the building or enclosure to be broken open and takethe property into his possession. After the sheriff has take possession of theproperty as herein provided, he must keep it in a secure place and shall beresponsible for its delivery to the party entitled thereto upon receiving hisfees and necessary expenses for taking and keeping the same. (4a)

Section 5. Return of property . If the adverseparty objects to the sufficiency of the applicant's bond, or of the surety orsureties thereon, he cannot immediately require the return of the property, butif he does not so object, he may, at any time before the delivery of the propertyto the applicant, require the return thereof, by filing with the court wherethe action is pending a bond executed to the applicant, in double the value ofthe property as stated in the applicant's affidavit for the delivery thereof tothe applicant, if such delivery be adjudged, and for the payment of such sum,to him as may be recovered against the adverse party, and by serving a copy ofsuch bond on the applicant. (5a)

Section 6. Disposition of propertyby sheriff. If within five (5) days after the taking of the property by the sheriff, theadverse party does not object to the sufficiency of the bond, or of the suretyor sureties thereon; or if the adverse party so objects and the court affirmsits approval of the applicant's bond or approves a new bond, or if the adverseparty requires the return of the property but his bond is objected to and foundinsufficient and he does not forthwith file an approved bond, the propertyshall be delivered to the applicant. If for any reason the property is notdelivered to the applicant, the sheriff must return it to the adverse party.(6a)

Section 7. Proceedings whereproperty claimed by third person . If the property taken is claimed by anyperson other than the party against whom the writ of replevin had been issuedor his agent, and such person makes an affidavit of his title thereto, or rightto the possession thereof, stating the grounds therefor, and serves suchaffidavit upon the sheriff while the latter has possession of the property anda copy thereof upon the applicant, the sheriff shall not be bound to keep theproperty under replevin or deliver it to the applicant unless the applicant orhis agent, on demand of said sheriff, shall file a bond approved by the courtto indemnify the third-party claimant in a sum not less than the value of theproperty under replevin as provided in section 2 hereof. In case ofdisagreement as to such value, the court shall determine the same. No claim fordamages for the taking or keeping, of the property may be enforced against thebond unless the action therefor is filed within one hundred twenty (120) daysfrom the date of the filing of the bond.

The sheriff shall not be liable for damages, for the takingor keeping of such property, to any such third-party claimant if such bondshall be filed. Nothing herein contained shall prevent such claimant or anythird person from vindicating his claim to the property, or prevent theapplicant from claiming damages against a third-party claimant who filed afrivolous or plainly spurious claim, in the same or a separate action.

When the writ of replevin is issued in favor of theRepublic of the Philippines, or any officer duly representing it, the filing ofsuch bond shall not be required, and in case the sheriff is sued for damages asa result of the replevin, he shall be represented by the Solicitor General, andif held liable therefor, the actual damages adjudged by the court shall be paidby the National Treasurer out of the funds to be appropriated for the purpose.(7a)

Section 8. Return of papers . The sheriff mustfile the order, with his proceedings indorsed, thereon, with the court withinten (10) days after taking the property mentioned therein. (8a)

Section 9. Judgment . After trial of theissues the court shall determine who has the right of possession to and thevalue of the property and shall render judgment in the alternative for thedelivery thereof to the party entitled to the same, or for its value in casedelivery cannot be made, and also for such damages as either party may prove,with costs. (9a)

Section 10. Judgment to includerecovery against sureties . The amount, if any, to be awarded to any party upon anybond filed in accordance with the provisions of this Rule, shall be claimed,ascertained, and granted under the same procedure as prescribed in section 20of Rule 57. (10a)

RULE 61

Support Pendente Lite

Section 1. Application . At the commencementof the proper action or proceeding, or at any time prior to the judgment orfinal order, a verified application for support pendente lite may befiled by any party stating the grounds for the claim and the financialconditions of both parties, and accompanied by affidavits, depositions or otherauthentic documents in support thereof. (1a)

Section 2. Comment . A copy of theapplication and all supporting documents shall be served upon the adverseparty, who shall have five (5) days to comment thereon unless a differentperiod is fixed by the court upon his motion. The comment shall be verified andshall be accompanied by affidavits, depositions or other authentic documents insupport thereof. (2a, 3a)

Section 3. Hearing . After the commentis filed, or after the expiration of the period for its filing, the applicationshall be set for hearing not more than three (3) days thereafter. The facts inissue shall be proved in the same manner as is provided for evidence onmotions. (4a)

Section 4. Order . The court shalldetermine provisionally the pertinent facts, and shall render such orders asjustice and equity may require, having the regard to the probable outcome ofthe case and such other circumstances as may aid in the proper resolution ofthe question involved. If the application is granted, the court shall fix theamount of money to be provisionally paid or such other forms of support asshould be provided, taking into account the necessities of the applicant andthe resources or means of the adverse party, and the terms of payment or modefor providing the support. If the application is denied, the principal caseshall be tried and decided as early as possible. (5a)

Section 5. Enforcement of order . If the adverseparty fails to comply with an order granting support pendente lite , thecourt shall, motu proprio or upon motion; issue an order of execution againsthim, without prejudice to his liability for contempt. (6a)

When the person ordered to give support pendente lite refusesor fails to do so, any third person who furnished that support to the applicantmay, after due notice and hearing in the same case obtain a writ of executionto enforce his right of reimbursement against the person ordered to providesuch support. (h)

Section 6. Support in criminalcases . In criminal actions where the civil liability includes support for theoffspring as a consequence of the crime and the civil aspect thereof has notbeen waived, reserved and instituted prior to its filing, the accused may beordered to provide support pendente lite to the child born to theoffended party allegedly because of the crime. The application therefor may befiled successively by the offended party, her parents, grandparents or guardianand the State in the corresponding criminal case during its pendency, inaccordance with the procedure established under this Rule. (n)

Section 7. Restitution . When the judgmentor final order of the court finds that the person who has been providingsupport pendente lite is not liable therefor, it shall order therecipient thereof to return to the former the amounts already paid with legalinterest from the dates of actual payment, without prejudice to the right ofthe recipient to obtain reimbursement in a separate action from the personlegally obliged to give the support. Should the recipient fail to reimbursesaid amounts, the person who provided the same may likewise seek reimbursementthereof in a separate action from the person legally obliged to give suchsupport. (n)

 

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