ATTACHMENTRULE 57INJUNCTIONRULE 58RECEIVERSHIPRULE 59REPLEVINRULE 60

DEFINITIONTo have the property attached as security for the satisfaction of judgment that may be recovered in cases falling under Sec 1To require a party or court, agency or a person to refrain from doing a particular act or to require the performance of particular actTo place the property subject of the action under the control of 3rd person for its preservation and administration litis pendentiaTo recover possession of personal property

PURPOSEFor the property to be held by the sheriff as security for the satisfaction of whatever judgment may be renderedPrevent future injury and to maintain the status quoProtect and preserve the rights of the parties during the pendency of the action

WHO GRANTS/WHERE APPLIED1. court where the action is PENDING2. CA3. SC

1. court where the action is PENDING2. if pending in the CA or in the SC, it may be issued by said court OR ANY MEMBER thereof3. court where the action is PENDING4. CA5. SC6. member of SC or CA7. during the pendency of appeal, the court may allow the receiver to be filed and decided by the COURT OF ORIGIN

COVERED/ GROUNDS1. recovery of money against a party who is about to depart from the Philippines w/ intent to defraud creditors2. action for money or property embezzled in the course of ent3. recovery of possession of property fraudulently taken when the property has been concealed to prevent it from being found4. against a party guilty of fraud in contracting debt/incurring obligation upon w/c the action is brought5. against party who has disposed his property to deprived creditors6. non-resident not found in the Phils or whom summons may be served by publication1. the applicant is entitled to the relief demanded whole or part of such relief consist of refraining or requiring the performance of an act2. the commission/continuance/non-performance during the litigation would probably work injustice to the applicant3. the party doing/threatening/attempting to do some act in violation of the applicants right and tending to render the judgment ineffectual1. applicant 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

2. 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;

3. 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;

4. 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

WHENAt r0the commencement of the action OR at any time before entry of judgmentAt any stage prior to the judgmentAt any time prior to the satisfaction of judgmentAt the commencement of the action BUT BEFORE answer

HOW ISSUEDEx parte OR upon motion w/ notice and hearingPrior NOTICE and HEARINGUpon filing of affidavit and approval of the bond the court shall issue the writ

HOW APPLIEDFiling of AFFIDAVITS AND bond1. VERIFIED APPLICATION AND bond2. if the application is included in the initiatory pleading, the adverse party should be served w/ summons together w/ a copy of the initiatory pleading and bondVERIFIED APPLICATION AND bondAFFIDAVIT AND BOND double the value of the property

REQUISITES1. sufficient COA2. case is covered by Sec 13. no other sufficient security for the claim4. amount due to the applicant or value of property he is entitled to recover is equal to the sum w/c the order or attachment is grantedSAME AS GROUNDS1. applicant has an interest in the property or fund which is the subject of the action or proceeding,

2. 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;

3. it appears that the appointment of a receiver is the most convenient and feasible means of preserving, administering, or disposing of the property in litigation1. That the applicant is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof;

2. That 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 ;

3. That the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or seized under a writ of execution or preliminary attachment, or otherwise placed undercustodia legis, or if so seized, that it is exempt from such seizure or custody;

PRIOR CONTEMPORANEOUS SERVICE

EXCEPT1. summons could not be served personally or by substituted service despite diligent effort2. defendant is resident but temporarily absent3. non-resident4. action is in rem or quasi in remSAME

AMOUNT OF APPLICANTS BONDAmount fixed by the court in its order granting issuanceTo be fixed by the courtAmount to be fixed by the courtDouble the value of the property as stated in the affidavit

CONDITION OF BONDALL COST w/c may be adjudged to the adverse party AND ALL DAMAGES w/c he sustain by reason of attachmentAll damages he may sustain by reason of injunctionAll damages he may sustain by reason of appointment of receiver1. for the return of the property2. AND for the payment of such sum as may be recovered

MANNERAttach only so much of the property, not exempt from execution as may be sufficient to satisfy the plaintiffs demand

DISCHARGED1. counter-bond equal to the amount fixed by the court in order of attachment EXCLUSIVE of cost

conditioned on the judgment that the attaching party may recover

2. cash deposit in lieu of counter-bond3. improper issuance or enforcement4. insuffient bond

1. counter-bond equal to the amount fixed by the court

conditioned on all the damages may suffer by the denial/dissolution of injunction

2. insufficiency of the application

3. if it appears after hearing that although the applicant is entitled to the injunction or restraining order, the issuance or continuance thereof, as the case may be, would cause irreparable damage to the party or person enjoined while the applicant can be fully compensated for such damages as he may suffer1. counter-bond equal to the amount fixed by the court

conditioned on all the damages may suffer by reason of acts or omission specified in the application

2. appointment of receiver obtained w/o sufficient cause3. bond of applicant OR receiver insufficient

counter-bond double the value of the property

DAMAGES IN CASE APPLICANT IS NOT ENTITLED THERETO OR FOR ANY IRREGULARITY IN THE PROCUREMENT OF PROVISIONAL REMEDY1. owner of the property attached must file before trial or before perfection of appeal application for damages2. party who availed of the provisional remedy and his surety or sureties must be notified, showing right to damages and amount thereof3. damages awarded only after PROPER HEARING; included in judgment of the main case

IF JUDGMENT OF APPELLATE COURT IS FAVORABLE TO THE PARTY AGAINST WHOM PROVISIONAL REMEDY WAS EFFECTED

1. application must be filed w/ the appellate court before the judgment of the AC becomes executor2. AC may allow application to be heard and decided by the TC

IF BOND GIVEN BY THE PARTY AVAILING OF THE PROVISIONAL REMEDY BE INSUFFICIENT Adverse party may recover damages in the same action

PROCEEDING WHERE PROPERTY CLAIMED BY 3RD PERSON1. sheriff shall not be bound to keep the property under attachment2. UNLESS the attaching party file a bond not less than the value of the property levied upon to indemnify the 3rd party claimant1. property under attachment2. UNLESS the attaching party file a bond not less than the value of the property levied upon to indemnify the 3rd party claimant