Rule Purpose Requisites What The Adverse Party Can Do Provisional Remedies
Rule Purpose Requisites What The Adverse Party Can Do Provisional Remedies
PARTY CAN DO
PROVISIONAL Preserve the rights of - To the court which has
REMEDIES petitioner jurisdiction of the original
Secure the judgment action
Preserve the status
quo
Preserve the subject
matter of the action
RULE 57 Seize the property of Applies to the following Deposit with the
Preliminary the debtor before cases court amount equal
Attachment final judgment o action for the recovery of to the value of the
Levied upon the To enable the court a specified amount of bond
property of the to acquire jurisdiction money or damages Giving a counterbond
defendant so the over the res about to depart the Motion to set aside
property may be country or defraud the or discharge the
held by the creditors attachment
sheriff as security o action for money or
for the property embezzled or
satisfaction of fraudulently misapplied
whatever o action to recover the
judgment may be possession of property
rendered in the unjustly or fraudulently
case taken
o action against a party who
has been guilty of a fraud
in contracting the debt
o action against a party who
does not reside and is not
found in the Philippines
Motion filed
Affidavit that there is no
sufficient security for the claim
sought to be enforced
Applicant must post a bond
RULE 58 maintain the status The invasion of the right is Grounds for objection
Preliminary quo between the material and substantial; to, or for the dissolution
Injunction parties before the The right of a complainant is of injunction or
requiring a party controversy arose clear and unmistakable; restraining order
or a court, There is an urgent and Upon showing of
agency or a permanent necessity for the insufficiency of the
person to refrain writ to prevent serious application;
from a particular damage Other grounds upon
act or acts. It may A bond must be posted, affidavit of the party
also require the unless otherwise exempted or person enjoined
performance of a by the court. Appears after hearing
particular act or The threatened injury must be that irreparable
acts incapable of pecuniary damage to the party
estimation or person enjoined
will be caused while
the applicant can be
fully compensated
for such damages as
he may suffer, and
the party enjoined
files a counter bond;
Insufficiency of the
bond;
Insufficiency of the
surety or sureties.