Cases about Provisional Remedies

The follwing are provisional remedies under the Rules of Court

Rule 57 Preliminary Attachment

Rule 58 Preliminary Injunction

Rule 59 Receivership

Rule 60 Replevin

Rule 61 Support Pendente Lite

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RELIMINARY ATTACHMENT

Silangan Textile Manufacturing Corp. vs. Hon. Demetria (GR 166719)

Attachment is an ancillary remedy. It is not sought for its own sake but rather to enable the attaching party to realize upon relief sought and expected to be granted in the main or principal action. Being an ancillary or auxiliary remedy, it is available during the pendency of the action which may be resorted to by a litigant to preserve and protect certain rights and interests therein pending rendition, and for purposes of the ultimate effects, of a final judgment in the case. They are provisional because they constitute temporary measures availed of during the pendency of the action and they are ancillary because they are mere incidents in and are dependent upon the result of the main action.

Republic of the Philippines vs. Estate of alfonso Lim, Sr (GR 164800)

Nature of Preliminary Attachment 

Attachment is an ancillary remedy applied for not for its own sake but to enable the attaching party to realize upon relief sought and expected to be granted in the main or principal action; it is a measure auxiliary or incidental to the main action. As such, it is available during the pendency of the action which may be resorted to by a litigant to preserve and protect certain rights and interests therein pending rendition, and for purposes of the ultimate effects, of a final judgment in the case. As a corollary proposition, an order granting an application for a writ of preliminary attachment cannot, owing to the incidental or auxiliary nature of such order, be the subject of an appeal independently of the main action.

Torres vs. Satsatin (GR 166759)

A writ of preliminary attachment is defined as a provisional remedy issued upon order of the court where an action is pending to be levied upon the property or properties of the defendant therein, the same to be held thereafter by the sheriff as security for the satisfaction of whatever judgment that might be secured in the said action by the attaching creditor against the defendant.

In Cuartero v. Court of Appeals, this Court held that the grant of the provisional remedy of attachment involves three stages: first, the court issues the order granting the application; second, the writ of attachment issues pursuant to the order granting the writ; and third, the writ is implemented. For the initial two stages, it is not necessary that jurisdiction over the person of the defendant be first obtained.However, once the implementation of the writ commences, the court must have acquired jurisdiction over the defendant, for without such jurisdiction, the court has no power and authority to act in any manner against the defendant. Any order issuing from the Court will not bind the defendant.

Security Pacific Assurance Corp. vs. Hon. Infante (GR 144740)

Under the Rules, there are two (2) ways to secure the discharge of an attachment. First, the party whose property has been attached or a person appearing on his behalf may post a security. Second, said party may show that the order of attachment was improperly or irregularly issued.

Allied Banking Corp. vs. South Pacific Sugar Corp.( GR 163692)

We take this opportunity to reiterate that an application for a writ of attachment, being a harsh remedy, is to be construed strictly in favor of the defendant. For by it, the reputation of the debtor may be seriously prejudiced. Thus, caution must be exercised in granting the writ. There must be more compelling reasons to justify attachment beyond a mere general assertion of fraud. This must be so lest we, asGarcia v. Reyes puts it, be spinning tight webs on gossamer filigrees.

Philippine Bank of Communications vs. CA (GRs 115678, 119723)

As was frowned upon in D.P. Lub Oil Marketing Center, Inc., not only was petitioners application defective for having merely given general averments; what is worse, there was no hearing to afford private respondents an opportunity to ventilate their side, in accordance with due process, in order to determine the truthfulness of the allegations of petitioner. As already mentioned, private respondents claimed that substantial payments were made on the proceeds of the trust receipts sued upon. They also refuted the allegations of fraud, embezzlement and misappropriation by averring that private respondent Filipinas Textile Mills could not have done these as it had ceased its operations starting in June of 1984 due to workers strike. These are matters which should have been addressed in a preliminary hearing to guide the lower court to a judicious exercise of its discretion regarding the attachment prayed for. On this score, respondent Court of Appeals was correct in setting aside the issued writ of preliminary attachment.

Time and again, we have held that the rules on the issuance of a writ of attachment must be construed strictly against the applicants. This stringency is required because the remedy of attachment is harsh, extraordinary and summary in nature. If all the requisites for the granting of the writ are not present, then the court which issues it acts in excess of its jurisdiction.

Republic of the Philippines vs. Maj. Gen Carlos F. Garcia (GR 167741)

Did the Sandiganbayan commit grave abuse of discretion when it rejected the Republics claim of exemption from the filing of an attachment bond? Yes.

Before a writ of attachment may issue, a bond must first be filed to answer for all costs which may be adjudged to the adverse party and for the damages he may sustain by reason of the attachment. However, this rule does not cover the State.

The pronouncement in Spouses Badillo applies in this case even if Spouses Badillo involved the filing of a supersedeas bond. The pronouncement that the State is not required to put up a bond for damages or even an appeal bond is general enough to encompass attachment bonds. Moreover, the purpose of an attachment bond (to answer for all costs and damages which the adverse party may sustain by reason of the attachment if the court finally rules that the applicant is not entitled to the writ) and a supersedeas bond (to answer for damages to the winning party in case the appeal is found frivolous) is essentially the same.

In filing forfeiture cases against erring public officials and employees, the Office of the Ombudsman performs the States sovereign functions of enforcing laws, guarding and protecting the integrity of the public service and addressing the problem of corruption in the bureaucracy.

The filing of an application for the issuance of a writ of preliminary attachment is a necessary incident in forfeiture cases. It is needed to protect the interest of the government and to prevent the removal, concealment and disposition of properties in the hands of unscrupulous public officers. Otherwise, even if the government subsequently wins the case, it will be left holding an empty bag.

 

 

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