Rule 39 Execution, Satisfaction and Effect of Judgments

1. 1. Execution as a matter of right

On motion with notice, upon a judgment or order that disposes of the action or proceeding upon the expiration
of the period to appeal therefrom if no appeal has been duly perfected.

For so long as there is a certificate of entry of judgment, execution may already be issued by the court of origin
or directed to do so by the CA.

1. 2. Discretionary execution – pending period to appeal or during appeal; may issue only upon good reasons
to be stated in a special order after hearing.
1. By trial court – even after the perfection of the appeal for so long as the motion for execution was filed while
the TC has jurisdiction over the case and is in possession or the records, upon motion of the prevailing party
with notice to the adverse party
2. Appellate court – after the TC has lost jurisdiction

à Example:

P receives judgment: June 3

D receives judgment: June 1

D files notice of appeal: June 5

When does trial court lose jurisdiction? June 18

BUT, if P also files a notice of appeal on June 10, trial court loses jurisdiction on that date.

à Execution with respect to appealed cases- there is no need to await remand of the records.

à Execution with respect to consequential and exemplary damages should be postponed until such time as the
merits of the case have been finally determined in the regular appeal, as the amounts remain uncertain and
indefinite pending resolution.

3. a. Motion for execution of final and executory judgment should be served on adverse party and set for
hearing;

b. In case of appeal, motion is filed with court of origin supported by certified true copies of final judgment of
appellate court.

3. Appellate court may on motion order court of origin to issue writ of execution (SC Circular No. 24-94,
4/18/94)

4. Judgments NOT stayed by appeal (immediately executory, unless court provides otherwise)
 1. Actions for injunction
2. Receivership
3. Accounting
4. Support
5. Judgments declared immediately executory

5. A final and executory judgment may be executed on motion within 5 years from entry. May be revived and
enforced by action after lapse of 5 years but before 10 years from entry. Revived judgment may be enforced
by motion within 5 years from entry and thereafter by action before barred by statute of limitations – file
motion within 10 years from the finality of the revived judgment.

6. Execution in case of party’s death:

1. Death of judgment obligee – application of his executor or administrator or successor-in-interest

2. Death of judgment obligor –
1. Against his executor, etc. if the judgment be for recovery of real or personal property or the enforcement of a
lien thereon.
2. If death after execution is actually levied upon his property, it may be sold for satisfaction of the obligation.

à If the judgment obligor dies after the entry but before levy, execution will issue if it be for the recovery of
real or personal property. However, if judgment is for a sum of money, and the judgment obligor dies before
levy, such judgment cannot be enforced by writ of execution but must be filed as a claim against his estate.

7. Writ of execution:

1. Shall issue in the name of the Republic of the Phils from court which granted the motion
2. State the name of the court, case number and title, dispositive portion of the judgment order
3. Require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms

8. Manner of executing writ:

1. If judgment against property of the judgment obligor – out of real or personal property with interest
2. If against his real or personal property in the hands of the personal representatives, heirs, devisees, legatees,
tenants, or trustees of the judgment obligor – out of that property, with interest
3. If for sale of real or personal property – to sell property, describing it and apply the proceeds in conformity
with judgment.
4. If for delivery of possession of property – deliver possession of the same to the party entitled to it, describing
it, and to satisfy any costs, damages, rents, or profits covered by the judgment out of the personal property of
the person against whom it was rendered, and out of real property if sufficient personal property cannot be
found.
5. In all cases, writ of execution shall specifically state the amount of the interest, costs, damages, rents, or
profits due as of date of issuance of writ, aside from principal obligation.
à Judgment obligor is given option to choose which property may be levied on sufficient to satisfy the
judgment.

9. Property exempt from execution

1. Family home as provided by law, homestead in which he resides, and land necessarily used in connection
therewith;
2. Tools and implements used in trade, employment, or livelihood;
3. 3 horses, cows, or carabaos or other beasts of burden used in his ordinary occupation;
4. Necessary clothing and articles for ordinary personal use, excluding jewelry;
5. Household furniture and utensils necessary for housekeeping not exceeding P3,000;
6. Professional libraries and equipment of judges, lawyers, physicians, etc. not exceeding P300,000;
7. One fishing boat and accessories not more than P100,000 owned by a fisherman and by which he earns his
living;
8. Salaries, wages, or earnings for personal services within the 4 months preceding the levy which are
necessary for the support of the family;
9. Lettered gravestones;
10. Money, benefits, annuities accruing or in any manner growing out of any life insurance;
11. Right to receive legal support or any pension or gratuity from the government;
12. Properties especially exempted by law.

à Exemption does not apply if execution upon a judgment for its purchase price or for foreclosure of
mortgage.

à Right of Exemption is a personal right granted to the judgment creditor. The sheriff may thus not claim it.

10. Third party claims:

1. Purpose of bond filed by judgment obligee or plaintiff is to indemnify third-party claimant, not the sheriff or
officer;
2. Amount of bond not less than value of property levied on;
3. Sheriff not liable for damages if bond is filed;
4. Judgment obligee or plaintiff may claim damages against third-party claimant in the same or a separate
action.
5. 3rd Party claimant may vindicate his claim to property levied in a separate action because intervention is no
longer allowed since judgment already executory; in preliminary attachment and replevin, 3 rd party claimant
may vindicate his claim to the property by intervention since the action is still pending.

11. Who may redeem real property sold:

1. Judgment obligor or his successor in interest in the whole or any part of the property;
2. Creditor having lien by virtue of an attachment, judgment, or mortgage on the property sold subsequent to
the lien under which the property was sold. (Redeeming creditor is termed a redemptioner).
12. Judgment obligor has one year from the date of the registration of the certificate of sale to redeem property
sold by paying the purchaser the amount of his purchase, with 1% per month interest plus any assessments or
taxes which he may have paid thereon after purchase with interest on said amount at 1% per month.

Redemptioners have one year to redeem from the date of registration of the certificate of sale. They may also
redeem beyond one-year period within 60 days after the last redemption, with 2 % interest on the sum to be
paid on the last redemption. The judgment obligor’s right to redeem within 60 days from last redemption is
limited to the one-year period, beyond which he can no longer redeem.

à Purchaser or redemptioner not entitled to receive rents and income of property sold inasmuch as these
belong to the judgment obligor until the expiration of the period of redemption.

13. Effect of judgment or final orders

1. In case of judgment against a specified thing, probate of will, or administration of estate or legal condition or
status, it is conclusive on the title or condition, status, relationship, will or administration.
2. In other cases/matters directly adjudged, or matters relating thereto that could have been raised subsequent to
commencement of action, judgment is conclusive between parties and their successors in interest.
3. In any other litigation, that only is deemed to have been adjudged in a former judgment or which was
actually and necessarily included therein.

14. Effect of foreign judgment

1. Judgment upon a specific thing, conclusive upon title to the thing;

2. If against a person, judgment is presumptive evidence of a right as between the parties and their successors in
interest;

15. When foreign judgment may be repelled

1. Evidence of want of jurisdiction

2. Want of notice to party
3. Collusion
4. Fraud
5. Clear mistake of law.
16. Requisites for res judicata
1. Final former judgment
2. Judgment is on the merits
3. Rendered by a court of competent jurisdiction
4. Between first and second actions, identity of subject matter, parties and cause of action.

17. When quashal of writ of execution proper

1. Improperly issued
2. Defective in substance
 3. Issued against the wrong party
4. Judgment was already satisfied
5. Issued without authority
6. Change of the situation of the parties renders execution inequitable
7. Controversy was never validly submitted to the court
8. Writ varies the terms of the judgment
9. Writ sought to be enforced against property exempt from execution
10. Ambiguity in the terms of the judgment

18. SPECIAL JUDGMENT – requires the performance of any other act than the payment of money or the sale
or delivery of real or personal property.

19. Remedies against executory judgments or orders:

1. Petition for relief

2. Direct attack
3. Collateral attack – judgment is null on its face or court had no jurisdiction

20. When court may order execution even before an executory judgment and pending an appeal

1. a. Lapse of time would make the ultimate judgment ineffective;

2. b. Appeal is clearly dilatory;
3. c. Judgment is for support and the beneficiary is in need thereof;
4. d. Articles subject of the case are perishable;
5. e. Defendants are exhausting their income and have no other property aside from the proceeds from
the subdivision of lots subject of the action;
6. f. Movants were in extreme need of the premises subject of the suit and the bond to answer for
damages in case of reversal on appeal (supersedeas bond) was posted by them;
7. g. Judgment debtor is in imminent danger of insolvency;
8. h. Prevailing party is of advanced age and in a precarious state of health and the right in the judgment
is non-transmissible being for support;
9. i. Prevailing party posts sufficient bond to answer for damages in case of reversal of judgment

à But in most cases, the mere filing of a bond is not sufficient justification for discretionary execution.

21. Order granting writ of execution ONLY appealable when:

1. Order varies terms of the judgment

2. When vague and court renders what is believed to be wrong interpretation.
22. Garnishment – act of appropriation by the sheriff if the property involved is money, stocks, or other
incorporeal property in the hands of third persons; merely sets apart such funds but does not constitute the
creditor the owner of the garnished property.
23. Persons disqualified from participating in the execution sale:

1. Officer conducting the execution sale or his deputy;

2. Guardian with respect to the property under his guardianship;
3. Agents, the property entrusted to them, unless with principal’s consent;
4. Executors and administrators, the property of the estate under administration;
5. Public officers and employees, the property of the State or any subdivision thereof, or any GOCC, the
administration of which has been entrusted to them;
6. Justices, judges, prosecuting attorneys, clerks of courts, and other officers and employees connected with the
administration of justice, the property and rights in litigation or levied upon an execution before the court
within whose jurisdiction or territory they exercise their respective functions;
7. Lawyers, the property and rights which may be the subject of litigation in which they take part by virtue of
their profession;
8. Others specifically disqualified by law. (e.g. seller of goods who exercise right of resale of goods).
Rule 40 Appeal from MTC to RTC
1. Appeal from judgment or final order of MTC taken to RTC exercising jurisdiction over the area to which
MTC pertains. File notice of appeal with the MTC which rendered decision appealed from within 15 days
after notice of such judgment.
2. Record on appeal is filed within 30 days and required only for special proceedings
3. Appellate docket fees paid to clerk of court of MTC – payment not a condition precedent for perfection of
appeal but must nonetheless be paid within the period for taking appeal;
4. Procedure for appeal from cases dismissed without trial for lack of jurisdiction:
1. If affirmed because the MTC has no jurisdiction, RTC will try case on the merits as if it has original
jurisdiction;
2. If reversed, the case shall be remanded to the MTC;
3. If the first level court tried the case on the merits without jurisdiction, the RTC should not dismiss the case
but shall decide it in the exercise of original jurisdiction.

Rule 41 Appeal from the RTC

1. Appeal may be taken from a judgment or final order that completely disposes of the case or of a particular
matter therein.
2. No appeal may be taken from:
1. Order denying a motion for new trial or recon;
2. Order denying a petition for relief or any similar motion seeking relief from judgment;
3. Interlocutory order;
4. Order disallowing or dismissing an appeal;
5. Order denying a motion to set aside a judgment by consent, confession, compromise on the ground of fraud,
mistake, or duress, or any other ground vitiating consent;
6. Order of execution;
à Not appealable because execution is only the result of the judgment. If order of execution is not in accord
with the dispositive portion, remedy is certiorari under Rule 65.

7. Judgment or final order for or against one or more of several parties or in separate claims, while the main
case is pending, unless the court allows an appeal therefrom;
8. Order dismissing an action without prejudice;

à In all these cases, aggrieved party may file an appropriate civil action under Rule 65.

1. Ordinary appeal from RTC (in the exercise of original jurisdiction) to CA is by filing notice of appeal with
the RTC within 15 days from notice of its judgment. Record on appeal required only for special proceedings
and where multiple appeals allowed filed within 30 days.
2. Motion for extension of time to file a motion for new trial or reconsideration is prohibited.
3. Contents of Notice on appeal:
1. Names of the parties to the appeal;
2. Specify judgment or final order or part thereof appealed from;
3. Court to which the appeal is being taken;
4. Material dates showing timeliness of appeal;

6. Contents of Record on appeal:

1. Full names of all parties to the proceedings shall be stated in the caption;
2. Include judgment or final order from which appeal taken;
3. In chronological order, copies of only such pleadings, petitions, etc. and all interlocutory orders as are related
to the appealed judgment;
4. Data showing that appeal perfected in time – material data rule;
5. If an issue of fact is to be raised, include by reference all the evidence, oral or documentary, taken upon the
issues involved.

7. Appeal from decision of RTC in appellate jurisdiction is by petition for review filed with CA.

8. Where only questions of law are raised, by petition for review on certiorari with SC.

9. Notice of Appeal and Record of Appeal distinguished:

Notice of Appeal Record of Appeal

Party’s appeal by notice of appeal deemed Deemed perfected as to appellant with respect to
perfected as to him upon the filing of the notice of the subject matter upon the approval of the record
appeal in due time on appeal filed in due time

Court loses jurisdiction over case upon perfection Court loses jurisdiction only over subject matter
of the appeals filed in due time and expiration of upon approval of records on appeal filed in due
time to appeal of other parties time and expiration of the time to appeal of other
parties.
10. Failure to pay appellate docket fees within the reglamentary period is ground for dismissal of appeal.

11. General Rule: An ordinary appeal stays the execution of a judgment

Exceptions: a. Decisions of quasi-judicial body appealed to the CA

b. Executions pending appeal

c. Cases covered by Summary Procedure

Rule 42 Petition for Review from the RTC to the CA

1. 1. Form and contents of petition for review (from RTC to CA)

In 7 legible copies:

1. Full names of parties to case, without impleading the lower courts or judges thereof;
2. Indicate specific material dates showing it was filed on time;
3. Concise statement of matters involved, issues raised, specification of errors of fact or law, or both allegedly
committed by the RTC, and the reasons or arguments relied upon for the allowance of the appeal;
4. Accompanied by clearly legible duplicate originals or true copies of the judgments or final order of both
MTC and RTC;
5. Certification under oath of non-forum shopping.
1. 2. Contents of comment

In 7 legible copies, accompanied by certified true copies of material portions of record and other supporting
papers:

1. State whether or not appellee accepts the statement of matters involved in the petition;
2. Point out such insufficiencies or inaccuracies as he believes exists in petitioner’s statement of matters;
3. State reasons why petition should not be give due course.

3. CA may:

1. Require respondent to file a comment; or

2. Dismiss the petition if it finds:
1. Patently without merit
2. Prosecuted manifestly for delay
3. Questions raised are to insubstantial to require consideration
Rule 43 Appeals from the CTA and Quasi-Judicial Agencies to the CA
1. 1. Appeals from judgments and final orders of the Court of Tax Appeals and quasi-judicial agencies in
exercise of quasi-judicial functions (unless otherwise provided by law and the Labor Code [NLRC
 decisions]) shall be by petition for review to the CA, to be taken within 15 days from notice of award or
judgment or from notice of the denial of the motion for reconsideration. Only 1 Motion for reconsideration
allowed
2. 2. Quasi-judicial agencies covered:
1. Civil Service Commission;
2. Central Board of Assessment Appeals;
3. Securities and Exchange Commission;
4. Office of the President;
5. Land Registration Authority;
6. Social Security Commission;
7. Civil Aeronautics Board;
8. Bureau of Patents, Trademarks and Technology Transfer;
9. National Electrification Administration;
10. Energy Regulatory Board;
11. National Telecommunications Commission;
12. Department of Agrarian Reform under RA No. 6657;
13. GSIS;
14. Employees Compensation Commission;
15. Agricultural Inventions Board;
16. Insurance Commission;
17. Construction Industry Arbitration Commission;
18. Voluntary arbitrators
à St. Martin’s Funeral Home vs. NLRC – DECISIONS OF THE NLRC – ORIGINAL ACTION FOR
CERTIORARI UNDER RULE 65 FILED WITH THE CA, NOT SC
à Fabian vs. Desierto – Appeals from decisions of the Office of the Ombudsman in administrative disciplinary
cases should be taken to the CA under Rule 43.
Æ According to A.M. no. 99-2-02-SC (promulgated February 9, 1999), any appeal by way of petition for
review from a decision, final resolution or order of the Ombudsman, or special civil action relative to such
decision, filed with the SC after March 15, 1999 shall no longer be referred to the CA, but shall be dismissed.
Rule 45 Appeal by Certiorari to the Supreme Court

1. Question of Law – exists when doubt or difference arises as to what the law is, based on a certain state of
facts

Question of Fact – exists when doubt or difference arises as to the truth or the falsehood of alleged facts

2. Findings of fact of the CA may be reviewed by the SC on appeal by certiorari when:

1. The conclusion is a finding grounded entirely on speculations, surmises, or conjectures;

2. The inference made is manifestly mistaken, absurd, or impossible;
3. There is grave abuse of discretion;
4. The judgment is based on misapprehension of facts;
5. Findings of fact of trial court and CA are conflicting;
 6. The CA, in making its findings, went beyond the issues of the case and the same is contrary to the
admissions made;
7. CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly
considered, would justify a different conclusion.

3. Certiorari as mode of appeal:

From judgment or final order of the CA, Sandiganbayan, RTC on pure questions of law, or other courts
whenever authorized by law, by filing a petition for review on certiorari with the SC within 15 days from
notice of judgment.

4. Rule 45 and Rule 65 distinguished:

Rule 45 Rule 65

No need for Motion for Recon Motion for Recon generally required

Applies to interlocutory orders rendered in

Relates to final judgments excess/lack of jurisdiction

An appeal Not an appeal in the strict sense

15 days from notice of judgment 60 days from notice of judgment

à Kho vs. Camacho: An RTC judge has no right to disapprove a notice of appeal on the ground that the issues
raised involve a pure question of law, and that the mode of appeal is erroneous. That is the prerogative of the
CA, not the RTC judge. A notice of appeal need not be approved by the judge, unlike a record on appeal.
Rule 47 Annulment of Judgments or Final Orders and Resolutions
1. Grounds for annulment of judgment of RTC in civil cases:
1. Petition for annulment available only if ordinary remedies of new trial, appeal, petition for relief or
other appropriate remedies no longer available through no fault of the Petitioner.
1. Extrinsic fraud – not available as a ground if availed of earlier in a motion for new trial or petition for relief
2. Lack of jurisdiction.

3. Periods:

1. For extrinsic fraud – four years from discovery;

2. Lack of jurisdiction – must be filed before action barred by laches.

4. Effects of judgment of annulment – gives the CA authority to order the trial court on motion to try the case
if the ground for annulment is extrinsic fraud, but not if it is lack of jurisdiction.

à Prescriptive period for refiling the original action is suspended unless the extrinsic fraud is attributable to the
plaintiff in the original action.

Rule 50 Dismissal of Appeal

1. 1. Grounds for dismissal of appeal by the CA:
 1. Failure of the record on appeal to show on its face that the appeal was taken within the reglamentary period;
2. Failure to file the notice of appeal or record on appeal within the period;
3. Failure of the appellant to pay the docket and other lawful fees;
4. Unauthorized alterations, omissions, or additions in the approved record on appeal;
5. Failure of the appellant to serve and file the required number of copies of his brief or memorandum within
the time provided;
6. Absence of specific assignment of errors in appellants brief or page references to the record;
7. Failure of the appellant to take necessary steps for the completion or correction of the record within the time
limited by the order;
8. Failure of appellant to appear at the preliminary conference or to comply with orders, circulars, or directives
of the court without justifiable cause
9. Judgment or order appealed from is not appealable.
Rule 51 Judgment
1. Memorandum decisions are permitted in the CA.
2. After judgment or final resolution of the CA and dissenting or separate opinions if any, are signed by the
Justices taking part, they shall be delivered for filing to the clerk who shall indicate thereon the date of
promulgation and cause true copies to be served upon parties or counsel.
3. Date when judgment or final resolution becomes executory shall be deemed as date of entry.
RULE 56 Procedure in the Supreme Court
1. 1. Original cases cognizable – exclusive list:
1. Petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus;
2. Disciplinary proceedings against judges and attorneys;
3. Cases affecting ambassadors, other public ministers, and consuls.
2. An appeal to SC can only be taken by petition for review on certiorari, except in criminal cases where the
penalty imposed is death, reclusion perpetua, or life imprisonment.

3. Grounds for dismissal of appeal by SC

1. Failure to take appeal within the reglementary period;

2. Lack of merit in the petition;
3. Failure to pay the requisite docket fee and other lawful fees or to make deposit for costs;
4. Failure to comply with the requirements regarding proof of service and contents of and the documents which
should accompany the petition;
5. Failure to comply with any circular, directive or order of the SC without justifiable cause;
6. Error in choice or mode of appeal
7. Case is not appealable to the SC.
1. Discretionary upon SC (and CA) to call for preliminary conference similar to pre-trial.
2. General Rule: Appeal to SC by notice of appeal shall be dismissed.
Exception: In criminal cases where the penalty imposed is life imprisonment, or when a lesser penalty is
imposed but involving offenses committed on the same occasion or arising out of the same occurrence which
gave rise to the more serious offense for which the penalty of death or life imprisonment is imposed (Section 3,
Rule 122)
 1. Appeal by certiorari from RTC to SC submitting issues of fact may be referred to the CA for decision or
appropriate action, without prejudice to considerations on whether or not to give due course to the appeal as
provided in Rule 45.

Provisional Remedies

Provisional remedies (ancillary/auxiliary)

à Writs and processes available during the pendency of the action which may be resorted to by a litigant to
preserve and protect rights and interests therein pending rendition, and for the purpose of ultimately affecting a
final judgment in the case.

à PROVISIONAL – constituting temporary measures availed of during the pendency of the action.

à ANCILLIARY – incidents in and dependent on the result of the main action.

Rule 57 Preliminary Attachment

1. 1. Preliminary Attachment
1. Available even if the recovery of personal property is only an incidental relief sought in the action;
2. May be resorted to even if the personal property is in the custody of a third person;
3. Extends to all kinds of property, real or personal or incorporeal;
4. To recover possession of personal property unjustly detained, presupposes that the same is being concealed,
removed, or disposed of to prevent its being found or taken by the applicant;
5. Can still be resorted to even if the property is in custodia legis, as long as the property belongs to the
defendant, or is one in which he has proprietary interests, AND with permission of the court

2. Grounds

1. Recovery of specified amount of money and damages, except moral or exemplary, where party is about to
depart from the Phils with intent to defraud creditors;
2. Action for money or property embezzled or for willful violation of duty by public officers, officers of
corporation, agent, or fiduciary;
3. Recovery of possession of property (both real and personal) unjustly detained, when the property is
concealed or disposed of to prevent is being found or taken;
4. Action against party guilty of fraud in contracting the debt or incurring the obligation or in the performance
thereof;
5. Action against party who is concealing or disposing of property, or is about to do so, with intent to defraud
creditors;
6. Action against party who is not a resident of the Phils and cannot be found therein or upon who service by
publication can be made.

3. PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION:

Enforcement of writ of preliminary attachment must be preceded by or simultaneously accompanied by service
of summons, copy of complaint, application and affidavits for the attachment and the bond upon the adverse
party; BUT the requirement of prior or contemporaneous service of summons shall not apply where the
summons could not be served despite diligent efforts, or the defendant is a resident of the Phils temporarily
absent therefrom, or the defendant is a non-resident of the Phils or the action is in rem or quasi in rem.
1. 4. When preliminary attachment is discharged
1. a. Debtor posts a counterbond or makes requisite cash deposit- if attachment to be discharged
is with respect to particular property, counterbond or deposit shall be equal to the value of the
property as determined by the court; in all other cases, amount of counterbond should be equal to the
amount fixed in the order of attachment.

à CASH DEPOSIT OR COUNTERBOND SHALL SECURE THE PAYMENT OF ANY JUDGMENT

THAT ATTACHING PARTY MAY RECOVER

1. b. Applicant’s bond is insufficient or sureties fail to justify;

2. c. Attachment was improperly or irregularly issued;
3. d. Property attached is exempt from execution;
4. e. Judgment is rendered against attaching party;
5. f. Attachment is excessive – discharge is with respect to the excess

5. Application for discharge may only be filed with the court where the action is pending and may be filed
even before enforcement of the writ so long as there has been an order of attachment.

6. When to apply for damages against the attachment bond

1. Before trial;
2. Before appeal perfected;
3. Before judgment becomes executory;
4. In the appellate court for damages pending appeal, before judgment becomes executory.
1. 7. When judgment becomes executory, sureties on counterbond to lift attachment are charged and can be
held liable for the amount of judgment and costs upon notice and summary hearing. There is no need to first
execute judgment against the judgment obligor before proceeding against sureties.
2. 8. Claims for damages cannot be subject of independent action except:
1. a. When principal case is dismissed by the trial court for lack of jurisdiction without giving the
claiming party opportunity to prove claim for damages;
2. b. When damages sustained by a third person not a party to the action.
Rule 58 Preliminary Injunction
1. 1. Preliminary injunction distinguished from Prohibition

Preliminary Injunction
Prohibition
Generally directed against party to the action but Directed against a court, tribunal, or person
may be against any person exercising judicial powers
 May be on the ground that the court against whom
the writ is sought acted without or in excess of
Does NOT involve the jurisdiction of the court jurisdiction;

Always a main action

May be main action itself or just a provisional

remedy in the main action

2. Grounds for Preliminary Injunction

1. Plaintiff is entitled to relief sought which consists in restraining or requiring the performance of acts (latter is
preliminary mandatory injunction);
2. The commission of acts or non-performance during pendency of litigation would probably work injustice to
the plaintiff;
3. Defendant is doing or about to do an act violating plaintiff’s rights respecting the subject of the action and
tending to render judgment ineffectual.

3. Injunction may be refused or dissolved when:

1. Complaint is insufficient;
2. Defendant is permitted to post a counterbond it appearing that he would sustain great and irreparable injury if
injunction granted or continued while plaintiff can be fully compensated;
3. Plaintiff’s bond is insufficient or defective

4. No Preliminary Injunction or TRO may be issued without posting of bond and notice to adverse party and
hearing.

5. PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION:

à When an application for a writ of preliminary injunction or a temporary restraining order is included in a
complaint or any initiatory pleading, the case, if filed in a multiple-sala court, shall be raffled only after
NOTICE to and IN THE PRESENCE of the adverse party or the person to be enjoined. In any event, such
notice shall be preceded, or contemporaneously accompanied by service of summons, together with a copy of
the complaint and the applicant’s affidavit and bond, upon the adverse party in the Phils; BUT the requirement
of prior or contemporaneous service of summons shall NOT apply where the summons could not be served
despite diligent efforts, or the defendant is a resident of the Phils temporarily absent therefrom, or the
defendant is a non-resident of the Phils

à Difference with principle in preliminary attachment – In attachment, the principle applies only in the
implementation of the writ, while in applications for injunction or TRO, this principle applies before the raffle
and issuance of the writs or TRO.

6. TRO good for only 20 days from service; 60 days for CA; until further orders from SC.
7. TRO can be issued ex parte only if matter of grave urgency and plaintiff will suffer grave injustice and
irreparable injury. Good for 72 hours from issuance, within which judge must comply with service of
summons, complaint, affidavit and bond, and hold summary hearing to determine whether TRO should be
extended for 20 days. In no case can TRO be longer than 20 days including 72 hours.
8. No TRO, preliminary injunction or preliminary mandatory injunction may issue against the government in
cases involving implementation of government infrastructure projects. (Garcia vs. Burgos, reiterated in
Administrative Circular no. 7-99, promulgated June 25,1999)
Rule 59 Receivership
1. 1. When receiver may be appointed:
2. 2. When receivership may be denied/lifted
1. Party has an interest in the property or fund subject of the action and such is in danger of being lost,
removed, or materially injured;
2. Action by mortgagee for foreclosure of mortgage when the property is in danger of being wasted or
materially injured and that its value is probably insufficient to discharge the mortgage debt, OR that the
parties have stipulated in the contract of mortgage;
3. After judgment, to preserve the property during the pendency of the appeal, or to dispose of it, or to aid in
execution when execution has been returned unsatisfied or the judgment debtor refuses to apply his property
to satisfy judgment, or to carry out the judgment.
4. When appointing one is the most convenient and feasible means to preserve, administer, or dispose of the
property in litigation.
1. Appointment sought is without sufficient cause;
2. Adverse party files sufficient bond for damages;
3. Applicant or receiver’s bond is insufficient.

3. Both the applicant for the receivership and the receiver appointed must file separate bonds.

4. In claims against the bond, it shall be filed, ascertained and granted under the same procedure as Section
20, Rule 57, whether is be damages against the applicant’s bond for the unlawful appointment of the receiver
or for enforcing the liability of the sureties of the receiver’s bond by reason of the receiver’s management (in
the latter case, no longer need to file a separate action).

Rule 60 Replevin
1. 1. Replevin
2. 2. Defendant entitled to return of property taken under writ if:
1. Available only where the principal relief sought in the action is the recovery of possession of personal
property;
2. Can be sought only where the defendant is in the actual or constructive possession of the personal property
involved.
3. Extends only to personal property capable of manual delivery;
4. Available to recover personal property even if the same is NOT being concealed, removed, or disposed of;
 5. Cannot be availed of if property is in custodia legis, as where is it under attachment, or was seized under a
search warrant or distrained for tax assessment.
1. He seasonably posts redelivery bond
2. Plaintiff’s bond is insufficient or defective
3. Property is not delivered to plaintiff for any reason.

à Replevin bond is only intended to indemnify defendant against any loss that he may suffer by being
compelled to surrender the possession of the disputed property pending trial of the action. Thus, surety not
liable for payment of judgment for damages rendered against plaintiff on a counterclaim for punitive damages
for fraudulent or wrongful acts committed by the plaintiffs which are unconnected with the defendant’s
deprivation of possession by the plaintiff.