CIVIL PROCEDURE 4

I PROVISIONAL REMEDIES
II SPECIAL CIVIL ACTIONS
 PROVISIONAL REMEDIES

 THESE ARE REMEDIES WHICH THE PARTIES MAY RESORT TO FOR THE
PRESERVATION OR PROTECTION OF THEIR RIGHTS
OR INTERESTS, DURING THE PENDENCY OF THE LITIGATION.
 WHAT ARE THEY?
A) Preliminary Injunction
B) Preliminary attachment
C) Receivership
D) Replevin
E) Support
 PRELIMINARY ATTACHMENTS

 IT IS A PROVISIONAL REMEDY WHERE THE PLAINTIFF PRAYS TO THE COURT

THAT THE PROPERTY OF THE ADVERS PARTY IS PLACED UNDER THE CUSTODY
OF THE COURT TO SECURE ANY JUDGMENT THAT MAY BE RECOVERED
THEREIN.
 KINDS OF ATTACHMENTS
1. PRELIMINARY ATTACHMENT
2. GARNISHMENT
3. LEVY ON EXECUTION OR FINAL ATTACHMENT
 KINDS OF ATTACHMENTS

 GARNISHMENT - PROCESS IN WHICH MONEY OR GOODS IN THE HANDS OF

A THIRD PERSON WHICH ARE DUE TO THE DEFENDANT ARE ATTACHED BY THE
PLAINTIFF
 LEVY ON EXECUTION OR FINAL ATTACHMENT – THE ATTACHMENT ISSUED TO
ENFORCE JUDGMENT WHICH HAS BECOME FINAL AND EXECUTORY.
 GROUNDS FOR FILING AN ACTION FOR ATTACHMENT

 FRAUD- IN AN ACTION AGAINST A PARTY WHO HAS BEEN GUILTY OF

FRAUD IN THE INCURRENCE OR PERFORMANCE OF AN OBLIGATION
 RECOVER POSSESSION – IN AN ACTION TO RECOVER POSSESSION OF
PROPERTY UNJUSTLY TAKEN AND WHICH HAS BEEN CONCEALED OR
DISPOSED OF TO PREVENT ITS BEING TAKEN OR FOUND BY THE APPLICANT
 DISPOSAL OF PROPERTY- IN AN ACTION AGAINST A PARTY WHO HAS
DISPOSED OF HIS PROPERTY OR ABOUT TO DISPOSE HIS PROPERTY WITH THE
INTENT TO DEFRAUD HIS CREDITORS
 GROUNDS FOR FILING AN ACTION FOR ATTACHMENT

 EMBEZZLEMENT- IN AN ACTION FOR EMBEZZLEMENT AGAINST A PERSON

ACTING IN A FIDUCIARY CAPACITY OR FOR WILLFUL VIOLATION OF DUTY.
 NON-RESIDENT – IN AN ACTION AGAINST A NON-RESIDENT PARTY NOT
FOUND IN THE PHILIPPINES
 DEPART – IN AN ACTION FOR SUM OF MONEY OR DAMAGES AGAINST A
PARTY WHO IS ABOUT TO DEPART FROM THE PHILIPPINES WITH INTENT TO
DEFRAUD HIS CREDITORS
 PRELIMINARY INJUNCTION

 IT IS AN ORDER GRNATED AT ANY STAGE OF AN ACTION OR PROCEEDING

PRIOR TO THE JUDGEMENT OR FINAL ORDER, REQUIRING A PARTY OR
COURT OR AGENCY , OR A PERSON TO REFRAIN FROM A PARTICULAR ACT
OR ACTS.
 PRELIMINARY MANDATORY INJUNCTION

 AN ORDER GRANTED AT ANY STAGE OF AN ACTION OR PROCEEDING

PRIOR TO THE JUDGMENT OR FINAL ORDER REQUIRING A PARTY OR A
COURT, AGENCY OR A PERSON TO PERFORM A PARTICULAR ACT OR ACTS.
 GROUNDS FOR THE ISSUANCE OF A PRELIMINARY
INJUNCTION

 THE APPLICANT IS ENTITLED TO THE RELIEF DEMANDED AND THE WHOLE OR

PART OF SUCH RELIEF CONSISTS IN RESTRAINING THE COMMISSION OR
CONTINUANCE OF THE ACT OR ACTS, EITHER FOR A LIMITED TERIOD OR
PERPETUALLY.
 THE COMMISSION, CONTINUANCE OR NON PERFORMANCE OF THE ACT OR
ACTS COMPLAINED OF DURING THE LITIGATION WOULD PROBABLY WORK
INJUSTICE TO THE APPLICANT
 A PARTY, COURT, AGENCY OR A PERSON IS DOING, THREATENING OR IS
ATTEMPTING TO DO VIOLATES THE RIGHT OF THE APPLICANT SUJECT OF THE
PENDING ACTION AND WOULD RENDER ANY JUDGMENT INEFFECTUAL.
 RECEIVERSHIP

 IT IS A PROVISIONAL OR ANCILLARY REMEDY WHEREIN THE COURT APPOINTS

A RECEIVER TO RECEIVE AND PRESERVE A PROPERTY OR FUND IN LITIGATION
PENDENTE LITE WHEN IT IS NOT RESONABLE FOR THE COURT OR ANY OF THE
OPPOSING PARTIES TO DO IT.
 THE RECEIVER IS NOT AN AGENT OF ANY OF THE PARTIES BUT IS REGARDED
AS AN OFFICER OF THE COURT.
 THE RECEIVER SHOULD BE AN IMPARTIAL PERSON (NEITHER OF THE PARTIES
TO THE LITIGATION OR THEIR REPRESENTATIVE.
INSTANCES WHEN A RECEIVER MAY BE APPOINTED BY THE
COURT, CA OR SC

 1. WHEN THE PROPERTY SUBJECT OF THE ACTION IS IN DANGER OF BEING

LOST, REMOVED OR MATERIALLY INJURED UNLESS A RECEIVER IS APPOINTED.
 2. WHEN THE PROPERTY IS IN DANGER OF BEING DISSIPATED AND THE
VALUE WILL NOT BE ENOUGH TO DISCHARGE A MORTGAGE DEBT.
 3. AFTER JUDGEMENT TO PRESERVE DURING THE PENDENCY OF THE
APPEAL.
 WHEN IT APPEARS THAT THE APPOINTMENT OF A RECEIVER IS THE MOST
CONVENIENT WAY TO PRESERVE THE PROPERTY IN LITIGATION.
 NOTE: ONLY THE PROPERTY SUBJECT OF LITIGATION MAY BE THE SUBJECT OF
RECEIVERSHIP
 REPLEVIN

 A PROVISIONAL REMEDY WHERE A PARTY PRAYING FOR RECOVERY OF

POSSESSION OF PERSONAL PROPERTY MAY APPLY FOR THE DELIVERY OF THE
PROPERTY TO HIM.
 IT MAY ALSO REFER TO THE MAIN ACTION FOR THE RECOVERY OF A
PERSONAL PROPERTY WRONGFULLY DETAINED BY THE DEFENDANT.
NOTE: REPLEVIN MAY BE APPLIED FOR DUIRNG THE FILING OF AN ANSWER OR
AT ANY TIME BEFORE THE FILING OF AN ANSWER.
 SUPPORT PENDENTE LITE

 IT IS THE AMOUNT OF SUPPORT PROVIDED TO A PARTY DURING THE

PENDENCY OF THE LITIGATION:
 1. In action for support
 2. In criminal actions where the civil liability includes support for the
offspring as a consequence of the crime ( e.g. rape) and the civil aspect
was not waived, reserved or already instituted.
 SPECIAL CIVIL ACTIONS

 A SPECIAL CIVI ACTION IS A CIVIL ACTION WHICH ASIDE FROM BEING GOVERNED BY THE RULES
FOR ORDINARY CIVIL ACTIONS IS SUBJECT TO SPECIFIC RULES PROVIDED FOR IT. THEY ARE:
1. QUO WARRANTO
2. CERTIORARI, PROHIBITION AND MANDAMUS
3. FORECLOSURE
4. INTERPLEADER
5. DECLARATORY RELIEF AND SIMILAR REMEDIES
6. CONTEMPT
7. REVIEW OF DECISIONS OF COA AND COMELEC
8. EXPROPRIATION
9. EJECTMENT
10. PARTITION
 QUO WARRANTO

 LATIN WORD MEANING – “BY WHAT RIGHT OR AUTHORITY”

 IT IS A SPECIAL CIVIL ACTION BROUGHT IN THE NAME OF THE REPUBLIC OF
THE PHILIPPINES AGAINST THE USURPATION OF A PUBLIC OFFICE, POSITION
OR FRANCHISE.
 WHICH COURT HAVE JURISDICTION

 1. IF THE ACTION IS COMMENCED BY THE SOLICITOR GENERAL- THE

SUPREME COURT, COURT OF APPEALS OR RTC MANILA
 2. COMMENCED BY OTHER PERSONS – RTC THAT HAS TERRITORIAL
JURISDICTION OVER THE RESIDENCE OF THE RESPONDENT/S
AGAINST WHOM MAY A QUO WARRANTO CASE BE FILED

 1. A PERSON WHO PERSON USURPS, INTRUDES INTO, OR UNLAWFULLY

HOLDS OR EXERCISES A PUBLIC OFFICE, POSITION OR FRANCHISE
 2. A PUBLIC OFFICER WHO DOES AN ACT WHICH CONSTITUTES A
GROUND FOR THE FORFEITURE OF HIS OFFICE, OR,
 3. AN ASSOCIATION WHICH ACTS AS A CORPORATION WITHIN THE
PHILIPPINES WITHOUT BEING LEGALLY INCORPORATED OR WITHOUT LAWFUL
AUTHORITY SO TO ACT.
 WHO MAY COMMENCE A QUO WARRANTO ACTION

 1. SOLICITOR GENERAL
 2. A PUBLIC PROSECUTOR
 3. A PERSON CLAIMING TO BE ENTITLED TO A PUBLIC OFFICE OR
POSITION USURPED OR UNLAWFULLY HELD OR EXERCISED BY ANOTHER MAY
BRING AN ACTION THEREFOR IN HIS OWN NAME.
 PRESCRIPTIVE PERIOD

 THE ACTION MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CAUSE OF
SUCH OUSTER, OR THE RIGHT OF THE PETITIONER TO HOLD SUCH OFFICE OR
PETITIONER TO HOLD SUCH POSITION AROSE.
 QUESTION? WHAT IS YOUR TAKE ON THE 8-6 VOTE OF THE SC JUSTICES
FAVORING THE OUSTER OF CJ SERENO?