Civil Procedure | Prof.

Chrysilla Carissa Bautista

A.Y. 2010-2011

Provisional Remedies
Aspect Criminal Case Manner of Application Preliminary Attachment Rule 127 Sec. 1 Affidavit Preliminary Injunction 72 Hours 20 days WPI X Verified Application General Requirement: Rule 58 Sec. 3 Rule 58 Sec. Rule 58 Sec Rule 58 Sec. 5 2nd 5 1st 3 paragraph paragraph Discretionary With or Without or X With or Without or X With Hearing * Without Hearing * With Hearing X Replevin Affidavit Receivership X Verified Application Support Rule 61 Sec. 6 Verified Application

Grounds

Rule 57 Sec. 1 Amount collected or value of property X

Rule 60 Sec. 2 Twice the value of the property With Hearing

Rule 59 Sec. 1

Rule 61 Sec. 1

Bond Hearing Ex Parte Stand Alone Relief Prior or Simultaneous Service of Summons Territorial Jurisdiction (Whether Significant) Counterbond

With Hearing X X

X With Hearing X

X*

N/A

N/A

* even if service of summons is invalid, it cannot affect provisional remedy