ANNEX: TABLES

TABLE 1

DIFFERENCES AMONG PROVISIONAL REMEDIES

COURT WHICH
DEFINITION GROUNDS PURPOSE
CAN GRANT

1. Preliminary A provisional remedy a. In an action for the recovery of a As security for the Supreme Court,
Attachment issued upon order of specified amount or damages, satisfaction of any Court of Appeals,
(Rule 57) the court where an other than moral and exemplary, judgment that may Regional Trial Court,
action is pending to be on a cause of action arising from be recovered by Family Court,
levied upon the law, contract, quasi-contract, the claimant Metropolitan,
property or properties of delict or quasi-delict against a Municipal and
the adverse party party who is about to depart Municipal Circuit Trial
therein, the same to be from the Philippines with intent Courts
held thereafter by the to defraud his creditors;
sheriff as security for
the satisfaction of b. In an action for money or
whatever judgment property embezzled or
might be secured in fraudulently misapplied or
said action by the converted to his own use by a
attaching party against public officer, or an officer of a
the adverse party corporation, or an attorney,
factor, broker, agent or clerk, in
the course of his employment as
such, or by any other person in
a fiduciary capacity, or for a
willful violation of duty;

c. In an action to recover the

possession of property unjustly
or fraudulently taken, detained
or converted, when the property,
or any part thereof, has been
concealed, removed or disposed
of to prevent its being found or
 COURT WHICH
DEFINITION GROUNDS PURPOSE
CAN GRANT

taken by the applicant or an

authorized person;

d. In an action against a party who

has been guilty of fraud in
contracting the debt or incurring
the obligation upon which the
action is brought, or in the
performance thereof;

e. In an action against a party who

has removed or disposed of his
property, or is about to do so,
with intent to defraud his
creditors;

f. In an action against a party who

does not reside and is not found
in the Philippines, or on whom
summons may be served by
publication (Section 1)

2. Preliminary An order granted at any a. That the applicant is entitled to To preserve the Supreme Court,
Injunction (Rule stage of an action or the relief demanded, and the status quo or to Court of Appeals,
58) proceeding prior to the whole or part of such relief resolve the last Regional Trial Court,
judgment or final order, consists in restraining the uncontested status Family Court,
requiring a party or a commission or continuance of quo Metropolitan,
court, agency or a the act or acts complained of, or Municipal and
person to refrain from a in requiring the performance of Municipal Circuit Trial
particular act or acts. It an act or acts, either for a Courts
may also require the limited period or perpetually;
performance of a
particular act or acts, in b. That the commission,
which case it shall be continuance or non-performance
known as a preliminary of the act or acts complained of
 COURT WHICH
DEFINITION GROUNDS PURPOSE
CAN GRANT

mandatory injunction during the litigation would

(Section 1) probably work injustice to the
applicant; or

c. That a party, court, agency or a

person is doing, threatening, or
is attempting to do, or is
procuring or suffering to be
done, some act or acts probably
in violation of the rights of the
applicant respecting the subject
of the action or proceeding, and
tending to render the judgment
ineffectual (Section 3)

3. Temporary An order which may a. Matter is of extreme urgency; To prevent grave Supreme Court,
Restraining issue upon the filing of and injustice and Court of Appeals,
Order (TRO) an application for irreparable injury Regional Trial Court,
preliminary injunction b. The applicant will suffer grave to the applicant Family Court,
forbidding the injustice and irreparable injury before the Metropolitan,
defendant to do the before the matter can be heard application for a Municipal and
threatened act until a on notice writ of preliminary Municipal Circuit
hearing on the injunction can be Trial Courts
application can be had acted upon

4. Receivership Provisional remedy by a. When it appears from the To preserve the Supreme Court,
which the court verified application, and such property during the Court of Appeals,
appoints a receiver as other proof as the court may pendency of the Regional Trial
its representative and in require, that the party applying litigation or to Court, Family
behalf of all the parties for the appointment of a receiver dispose of it Court,
to an action for the has an interest in the property or according to the Metropolitan,
purpose of preserving fund which is the subject of the judgment when it Municipal and
and conserving the action or proceeding, and that is finally rendered Municipal Circuit
property in litigation and such property or fund is in or otherwise to Trial Courts
to prevent possible danger of being lost, removed, carry the judgment
 COURT WHICH
DEFINITION GROUNDS PURPOSE
CAN GRANT

wastage or dissipation or materially injured unless a into effect

or otherwise to carry receiver be appointed to
the judgment into effect administer and preserve it;

b. When it appears in an action by

the mortgagee for the
foreclosure of a mortgage that
the property is in danger of
being wasted or dissipated or
materially injured, and that its
value is probably insufficient to
discharge the mortgage debt, or
that the parties have so
stipulated in the contract of
mortgage;

c. After judgment, to preserve the

property during the pendency of
an appeal, or to dispose of it
according to the judgment, or to
aid execution when the
execution has been returned
unsatisfied or the judgment
obligor refuses to apply his
property in satisfaction of the
judgment, or otherwise to carry
the judgment into effect;

d. Whenever in other cases, it

appears that the appointment of
a receiver is the most
convenient and feasible means
of preserving, administering or
disposing of the property in
litigation.
During the pendency of an appeal,
 COURT WHICH
DEFINITION GROUNDS PURPOSE
CAN GRANT

the appellate court may allow an

application for the appointment of
a receiver to be filed in and
decided by the court of origin and
the receiver appointed to be
subject to the control of said court.

5. Replevin Court orders the a. Applicant is the owner of the To prevent the Regional Trial
seizure of chattels or property claimed, particularly subject property Court, Family
goods claimed by a describing it, or is entitled to the from being Court,
party as his which are possession thereof; disposed of during Metropolitan,
allegedly wrongfully the pendency of Municipal, and
taken or detained by b. The property is wrongfully the case Municipal Circuit
another person and to detained by the adverse party, Trial Courts
be delivered to the alleging the cause of detention
former to be retained by thereof according to the best of
him during the his knowledge, information and
pendency of the action belief;

c. The property has not been

distrained or taken of a tax
assessment or a fine pursuant
to law, or seized under a writ of
execution or preliminary
attachment, or otherwise placed
under custodia legis, or if so
seized, that it is exempt from
such seizure or custody;
d. The actual market value of the
property.
 COURT WHICH
DEFINITION GROUNDS PURPOSE
CAN GRANT

6. Support Order issued by a court When equity and justice may To answer the Family Court
Pendente Lite in which an action for require having due regard to the material needs of
support has been filed probable outcome of the case and the applicant
fixing an amount of such other circumstances as may during the
support to be given by suggest the reasonability of pendency of the
the adverse party to the granting support pendente lite case
applicant during the
pendency of the case

TABLE 2

BASIC CHARACTERISTICS OF PROVISIONAL REMEDIES

 WHEN HOW
EFFECTIVITY HOW DISSOLVED/DISCHARGED
AVAILABLE GRANTED

1. Preliminary At any stage of Ex-parte/or During the pendency By order of the court after notice
Attachment the action but upon motion of the case unless and hearing on the ground that the
before entry of and hearing earlier discharged or preliminary attachment was
final judgment quashed by the improperly or irregularly issued or
court enforced or the bond is insufficient
and when the adverse party makes
a cash deposit or files a
counterbond executed to the
attaching party with the clerk of
court where the application is
made in an amount equal to that
fixed by the court in the order of
attachment, exclusive of cost

2. Preliminary At any stage of Upon motion During the pendency By order of the court upon affidavit
Injunction the action but and hearing of the case unless of the party enjoined or if it
before earlier discharged or appears after hearing that although
judgment or quashed by the the applicant is entitled to the
final order court injunction or restraining order, the
issuance or continuance thereof
would cause irreparable damage to
the party or person enjoined while
the applicant can be fully
compensated for such damages as
he may suffer and the former files
a counterbond
 WHEN HOW
EFFECTIVITY HOW DISSOLVED/DISCHARGED
AVAILABLE GRANTED

3. Temporary During the General Rule: Not more than 20 a. Upon resolution by the court of
Restraining Order pendency of the Inter-partes days from service the application for a writ of
(TRO) application for a upon the person preliminary injunction or the
writ of (Summary sought to be expiration of the 20-day period
preliminary hearing) enjoined from service of the writ upon
injunction the party, whichever comes
first;
Exception: TRO
granted by
b. Upon affidavit of the party
Judge for 72
enjoined or after hearing if it
hours – Ex-
appears that although the
parte
applicant is entitled to a TRO,
the issuance or continuance
thereof, would cause
irreparable damage to the
party enjoined while the
applicant can be fully
compensated for such damage
as he may suffer upon the
applicant’s filing of a
counterbond

4. Receivership At any stage of Inter-partes Until discharged by a. Filing by the adverse party of a
the proceeding the court counterbond;
and even after b. If it is shown that the
finality of appointment of a receiver was
judgment obtained without sufficient
cause;
c. The court motu proprio or on
motion shall determine that the
necessity of a receiver no
longer exists
 TABLE 3

DIFFERENCES OF BONDS IN PROVISIONAL REMEDIES

PROVISIONAL WHETHER UNDERTAKINGS UNDER THE

AMOUNT
REMEDY REQUIRED COUNTERBOND

1. Preliminary Required Discretionary with the court but To pay:

attachment not exceeding the applicant’s
claim 1. All costs which may be adjudged to the
adverse party; and

2. All damages which the adverse party

may sustain by reason of the
attachment if the court shall finally
adjudge that the applicant was not
entitled thereto

2. Preliminary injunction Required Discretionary with the court To pay all damages which the adverse
party may sustain by reason of the
injunction if the court shall finally decide
that the applicant was not entitled thereto

3. Temporary Required but the When required, discretionary with To pay all damages which the adverse
Restraining Order court may exempt the court party may sustain by reason of the
(TRO) injunction, if the court shall finally decide
that the applicant was not entitled thereto

4. Receivership Required Discretionary with the court To pay damages the adverse party may
sustain by reason of the appointment of a
receiver in case the applicant shall have
procured such appointment without
sufficient cause
 PROVISIONAL WHETHER UNDERTAKINGS UNDER THE
AMOUNT
REMEDY REQUIRED COUNTERBOND

5. Replevin Required Double the value of the property a. For the return of the property or its
value to the adverse party if such be
adjudged; and

b. To pay to defendant such damages as

he may recover from the applicant in
the action

6. Support pendente Not required Not applicable Not applicable

lite
 TABLE 4

DIFFERENCES OF COUNTERBONDS IN PROVISIONAL REMEDIES

PROVISIONAL UNDERTAKINGS UNDER

WHETHER IT MAY BE FILED AMOUNT
REMEDY THE COUNTERBOND

1. Preliminary Yes Equal to that fixed by the court Payment of any judgment that
attachment in the order of attachment the attaching party may
recover in the action

2. Preliminary Yes Discretionary with the court Pay all damages which the
injunction applicant may suffer by the
denial or the dissolution of the
injunction or restraining order

3. Temporary Yes. If a bond was filed by the Discretionary with the court Pay all damages which the
Restraining Order claimant, then a counterbond applicant may suffer by the
(TRO) may be filed by the adverse denial or the dissolution of the
party; but if no bond is filed by injunction or restraining order
the former, what the adverse
party can file is a bond

4. Receivership Yes Discretionary with the court To pay all damages which the
applicant may suffer by reason
of the acts, omissions, or other
matters specified in the
application or ground for such
appointment

5. Replevin Yes Double the value of the a. The delivery of the property
property as stated in the or its value to the plaintiff if so
plaintiff’s affidavit adjudged; and

b. To pay such damages which

the plaintiff may recover
 PROVISIONAL UNDERTAKINGS UNDER
WHETHER IT MAY BE FILED AMOUNT
REMEDY THE COUNTERBOND

against the defendant

6. Alimony Pendente No Not applicable Not applicable

Lite
 TABLE 5

DIFFERENCES AMONG THE THREE (3) MODES OF APPEAL

ORDINARY APPEAL PETITION FOR REVIEW APPEAL BY CERTIORARI

1.) How appeal is initiated Ordinary appeal by notice of By filing a petition for review By filing a petition for review on
appeal or record on appeal certiorari

2.) Where to appeal a. From the Metropolitan, From the Regional Trial Court From the Regional Trial Court to
Municipal and Municipal to the Court of Appeals, a the Supreme Court on a pure
Circuit Trial Courts to the decision of the Regional Trial question of law, a decision of
Regional Trial Courts, and Court rendered in the exercise the Regional Trial Court
from the Regional Trial Courts of its appellate jurisdiction rendered in the exercise of its
to the Court of Appeals in original jurisdiction
decisions of the Regional Trial
Court rendered in the
exercise of their respective
original jurisdictions

b. From the Metropolitan,

Municipal and Municipal
Circuit Trial Courts to the
Court of Appeals for decisions
rendered by the said courts in
the exercise of their delegated
jurisdiction, in which case the
Metropolitan, Municipal and
Municipal Circuit Trial Courts
act as Regional Trial Courts

3.) Nature of appeal Matter of right Matter of appellate court’s Matter of appellate court’s
discretion discretion

4.) To whom appellate Clerk of Court whose decision Clerk of Court of the Court of Clerk of Court of the Supreme
docket and other is being appealed Appeals Court
 ORDINARY APPEAL PETITION FOR REVIEW APPEAL BY CERTIORARI

lawful fees should be

paid

5.) Payment of appellate Not a requisite for perfection of A requirement for perfection of A requirement for perfection of
docket and other appeal but a ground for appeal appeal to be paid to the Clerk of
lawful fees as a dismissal if not paid on time Court of the Appellate Court
requirement of
perfection of appeal

6.) Name of parties Appellant – party appealing Petitioner – party appealing Petitioner – party appealing

Appellee – adverse party Respondent – adverse party Respondent – adverse party

7.) Requirement of record In special proceedings and Not required Not required
on appeal other cases of multiple or
separate appeals

8.) Basic document to be a. From the Metropolitan, Memoranda when required by Memorandum when required by
filed in the appellate Municipal and Municipal Circuit the Court of Appeals the Supreme Court
court Trial Court to the Regional Trial
Court, memorandum

b. From the Regional Trial

Court to the Court of Appeals,
briefs

9.) Perfection of appeal Upon filing of the notice of Upon timely filing of a petition Upon timely filing of the petition
as to appellant appeal in due time or if record for review and payment of for review on certiorari and
on appeal is required, upon corresponding docket and other payment of docket and other
approval of the record on lawful fees lawful fees
appeal in due time
 ORDINARY APPEAL PETITION FOR REVIEW APPEAL BY CERTIORARI

10.)When court whose a. In appeal by notice of appeal Upon the perfection of the Upon the perfection of the
decision is being – upon perfection of the appeal appeals filed in due time and appeals filed in due time and
appealed loses filed in due time and the the expiration of the time to the expiration of the time to
jurisdiction expiration of the time to appeal appeal by the other parties appeal by the other parties
of the other parties

b. In appeal by record on
appeal – upon approval of the
records on appeal filed in due
time and the expiration of its
time to appeal of the other
parties

11.) As to questions which Question of fact, question of Question of fact, question of Only question of law
may be raised law and question of fact and law, question of fact and law
law

12.)How parties are Appellant – party appealing Petitioner – party appealing Petitioner – party appealing
referred to
Appellee – adverse party Respondent – adverse party Respondent – adverse party
 TABLE 6

DIFFERENCES BETWEEN CERTIORARI, PROHIBITION AND MANDAMUS

CERTIORARI PROHIBITION MANDAMUS

1.) Purpose of the writ To annul or modify an act To prevent commission or Compel the performance or act
performed by respondent carrying out the act desired

2.) Act sought to be Judicial or quasi-judicial Judicial, quasi-judicial or Legal duty

controlled functions ministerial functions

3.) Respondent Persons exercising judicial or Persons exercising judicial, Persons having legal duty
quasi-judicial functions quasi-judicial and ministerial
functions

4.) Nature of the remedy Corrective remedy and refers to Preventive remedy and refers Directory remedy commanding
acts already consummated to acts still to be done a person to do a legal duty
TABLE 7

DIFFERENCES BETWEEN PROHIBITION AND INJUNCTION

PROHIBITION INJUNCTION

1. Respondent Generally a court, tribunal or person exercising judicial Generally against a party in an action for
or ministerial functions injunction

2. Court’s Lack or excess of jurisdiction may be a ground Jurisdiction of the court is not questioned
jurisdiction

3. Nature of the Always a main action with preliminary injunction as a Can be a main action with preliminary
remedy provisional remedy injunction as a provisional remedy

TABLE 8

DIFFERENCES BETWEEN FORCIBLE ENTRY AND UNLAWFUL DETAINER

FORCIBLE ENTRY UNLAWFUL DETAINER

1.) Nature of defendant’s possession Unlawful from the beginning Initially lawful, then it becomes unlawful

2.) Demand to vacate No need There is a need

3.) Proof of prior possession Plaintiff must prove it Not necessary for plaintiff to prove it

4.) From what point is the one (1) From forcible entry From demand to vacate
year period to file action counted