Provisional Remedies Outline.docx

PROVISIONAL REMEDIES Introduction -

Definition; nature; purpose of Provisional Remedies

Rule 57 – Preliminary Attachment -

Definition; nature of the remedy by case law Who may avail When to avail Grounds for its issuance Requisites for its issuance Properties that may be attached How to discharge an attachment Effects of discharge of an attachment

Rule 58 – Preliminary Injunction -

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Definition; issued against whom Mandatory vs prohibitory Grounds for the issuance Requisites for the issuance o Application + Bond + Notice and Hearing TRO o grounds thereof o how issued; duration (20 days and 72hrs explained) o duration of TRO by CA and SC examples: when injunction can be availed of grounds for objection / dissolution of prelim. Injunction

Rule 59 – Receivership -

definition purpose when to file requisites for application powers of a receiver examples of receivership

Rule 60- Replevin -

definition nature replevin vs prelim attachment (table/chart) requisites for its issuance when to file judgment in replevin suit o alternative options: to deliver or pay if delivery impossible

Rule 61 – Support Pendente Lite -

definition who may avail when can one avail procedure enforcement restitution

Miscellaneous Provisional Remedies -

Writ of Amparo Petition o Enumeration of what prov. rems. can be availed of Human Security Act o Enumeration of what prov. rems. can be availed of RA 8369: Act establishing family courts x x x family cases o Enumeration of what prov. rems. can be availed of VAWC o Enumeration of what prov. rems. can be availed of Anti-Money Laundering Act o Enumeration of what prov. rems. can be availed of RPECs o Enumeration of what prov. rems. can be availed of