GROUP 2 PROVISIONAL REMEDIES

COURSE OUTLINE

Rule 57- Preliminary Attachment I. Grounds for issuance of writ of attachmentII. Issuance and contents of order of attachment; affidavit and bondIII. Contents of affidavit of applicantIV. Condition of applicant’s bond V. Manner of attaching property - Rule on prior or contemporaneous service of summons; general rule- Exceptions to Contemporaneous Service of SummonsVI. Sheriff’s ReturnVII. Manner of attachment of real and personal property; recordingVIII. Effect of Attachment of debts, credits and all other similar personal property.IX. Effect of attachment of interest in property belonging to estate of decedent.X. Examination of Party whose property is attached and persons indebted to him or controlling his property ; delivery of property to sheriff.XI. Discharge of attachment upon giving counterbondXII. Discharge of attachment on other grounds.XIII. Proceedings where property is claimed by third person’sXIV. Satisfaction of judgment out of property attached.XV. Balance due collected upon an execution; excess delivery to judgment obligor.XVI. Recovery upon counter-bond.XVII. Disposition of money deposited.XVII. Claims for damages on account of improper, irregular or excessive attachment.

CASES: Davao Light v. CA 204 SCRA 343Mangila v. CA 387 SCRA 15Mindanao Savings and Loan Association v. CA 1989Adlawan v. Torres 233 SCRA 645Phil. Bank Communications v. CA 2001Wee v. Tiangsee 2008Foundation Specialist Inc. v. Betonval Ready Concrete Inc. et al 2009Leelin v. Agro 121 SCRA 725Uy v. CA 215 SCRA 859

** REPORTERS: Leo Legaspi, Dianne Cruz, Ria Kriselle Pabale

Rule 58- Preliminary Injunction I. Nature of Preliminary Injunction Main Action for Injunction Distinguished from a Preliminary Injunction

II. Preliminary Injunction Distinguished from a Final Injunction III. Prohibitory and Mandatory Injunction

Prohibitory Injunction Distinguished from Prohibition Mandatory Injunction Distinguished from Mandamus

IV . Stage of Proceedings When Granted

V . Court that Issues Preliminary Injunction Duty of Court the Issued the Writ

VI. Requisites for Issuance of a Writ of Preliminary Injunction or Temporary Restraining Order Quantum of Evidence Required Notice and Hearing

VII . Temporary Restraining Order Issuance of Temporary Restraining Order by the Court of Appeals and the Supreme

CourtVIII. Nature of an Order Granting a Preliminary Injunction

Examples of Cases Justifying the Issuance of a Writ of Preliminary Injunction Examples of Cases in Which Injunction Will Not be Issued

IX. How to Dissolve a Writ of Preliminary Injunction or Restraining Order

CASES: Paras v. Roura 163 SCRA 1 Golden Gate Realty Corp v. IAC 2005 Los Banos Rural Bank v. Africa 384 SCRA 385 First Global v. San Agustion 377 SCRA 341 Developers Group of Companies Inc v. Court of Appeals 219 SCRA 715 Borromeo v. CA 2008 Sps. Yap v. International Exchange Bank 2008

** REPORTERS: Angelo Angeles, Hanna Almario

RULE 59- RECEIVERSHIPI. Appointment of receiver

II. Bond on appointment of receiverIII. Denial of application or discharge of receiverIV. Oath and Bond of receiverV. Service of copies of Bonds; effect of disapproval

VI. General powers of receiverVII. Liability for neglect/refusal to deliver property to receiver

VIII. Termination of receivership; compensation of receiver

CASES: Alcantara v. Abbas 9 SCRA 54 Dolar v. Sundiam 38 SCRA 616 Central Sawmill v. Alto Surety 27 SCRA 997 Descaller v. CA 224 SCRA 566 Ventosa v. Fernan 10 SCRA 59 Pacific Corp v. Surety Co. 73 SCRA 564

** REPORTERS: John Robert Sam Juan, Argel Cosme

Rule 60 – REPLEVINI. Nature of ReplevinII. Replevin distinguished from preliminary attachment III. When a writ of replevin may be applied for

IV. Procedure for application of replevinV. Property in Custodia LegisVI. Undertaking of the replevin bondVII. Order of the CourtVIII. Duty of Sheriff in implementing the writIX. Redelivery Bond X. Effect of Dismissal of the Complaint.XI. When property is claimed by a third party.XII. Judgment.

CASES:• Bachrach Motor Company, Inc vs Summers, 42 Phil 3 (1921)• Fernandez vs International Corp. Bank, G.R. No. 131283, October 7, 1999• Service Specialist vs CA, 251 SCRA 70 (1995)• Stronghold Insurance vs CA, 208 SCRA 336 (1992)

RULE 61 : SUPPORT PENDETE LITEI. Provision of LawII. Application for Support Pendente LiteIII. Hearing on the ApplicationIV. Enforcement of OrderV. ProcessVI. Support in Criminal CasesVII. Remedies of party erroneously compelled to give support

Cases: San Juan v. Valenzuela 117 SCRA 926 (1982) Vasco v. CA 81 SCRA 762 (1978) Vinluan v. CA 222 SCRA 85 (1993) Reyes v. Ines-Luciano 88 SCRA 803 (1979)

** REPORTERS: Edlyn Romero , Martha Rose Serrano