RULE 59

Receivership
Section 1. Appointment of receiver. Upon a verified application, one
or more receivers of the property subject of the action or proceeding may
be appointed by the court where the action is pending or by the Court of
Appeals or by the Supreme Court, or a member thereof, in the following
cases:

executed to the party against whom the application is presented, in an

amount to be fixed by the court, to the effect that the applicant will pay
such party all damages he may sustain by reason of the appointment of
such receiver in case the applicant shall have procured such appointment
without sufficient cause; and the court may, in its discretion, at any time
after the appointment, require an additional bond as further security for
such damages. (3a)

(a) When it appears from the verified application, and such other proof as
the court may require, that the party applying for the appointment of a
receiver has an interest in the property or fund which is the subject of the
action or proceeding, and that such property or fund is in danger of being
lost, removed, or materially injured unless a receiver be appointed to
administer and preserve it;

Section 3. Denial of application or discharge of receiver. The

application may be denied, or the receiver discharged, when the adverse
party files a bond executed to the applicant, in an amount to be fixed by
the court, to the effect that such party will pay the applicant all damages
he may suffer by reason of the acts, omissions, or other matters specified
in the application as ground for such appointment. The receiver may also
be discharged if it is shown that his appointment was obtained without
sufficient cause. (4a)

(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;

Section 4. Oath and bond of receiver. Before entering upon his duties,
the receiver shall be sworn to perform them faithfully, and shall file a
bond, executed to such person and in such sum as the court may direct, to
the effect that he will faithfully discharge his duties in the action or
proceeding and obey the orders of the court. (5a)

(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;

Section 5. Service of copies of bonds; effect of disapproval of same.

The person filing a bond in accordance with the provisions of this Rule
shall forthwith serve a copy thereof on each interested party, who may
except to its sufficiency or of the surety or sureties thereon. If either the
applicant's or the receiver's bond is found to be insufficient in amount, or
if the surety or sureties thereon fail to justify, and a bond sufficient in
amount with sufficient sureties approved after justification is not filed
forthwith, the application shall be denied or the receiver discharged, as
the case may be. If the bond of the adverse party is found to be
insufficient in amount or the surety or sureties thereon fail to justify, and a
bond sufficient in amount with sufficient sureties approved after
justification is not filed forthwith, the receiver shall be appointed or reappointed, as the case may be. (6a)

(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, 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. (1a)
Section 2. Bond on appointment of receiver. Before issuing the order
appointing a receiver the court shall require the applicant to file a bond

Section 6. General powers of receiver. Subject to the control of the

court in which the action or proceeding is pending a receiver shall have
the power to bring and defend, in such capacity, actions in his own name;

to take and keep possession of the property in controversy; to receive

rents; to collect debts due to himself as receiver or to the fund, property,
estate, person, or corporation of which he is the receiver; to compound for
and compromise the same; to make transfers; to pay outstanding debts; to
divide the money and other property that shall remain among the persons
legally entitled to receive the same; and generally to do such acts
respecting the property as the court may authorize. However, funds in the
hands of a receiver may be invested only by order of the court upon the
written consent of all the parties to the action. (7a)
No action may be filed by or against a receiver without leave of the court
which appointed him. (n)
Section 7. Liability for refusal or neglect to deliver property to receiver.
A person who refuses or neglects, upon reasonable demand, to deliver
to the receiver all the property, money, books, deeds, notes, bills,
documents and papers within his power or control, subject of or involved
in the action or proceeding, or in case of disagreement, as determined and
ordered by the court, may be punished for contempt and shall be liable to
the receiver for the money or the value of the property and other things so
refused or neglected to be surrendered, together with all damages that
may have been sustained by the party or parties entitled thereto as a
consequence of such refusal or neglect. (n)
Section 8. Termination of receivership; compensation of receiver.
Whenever the court, motu proprio or on motion of either party, shall
determine that the necessity for a receiver no longer exists, it shall, after
due notice to all interested parties and hearing, settle the accounts of the
receiver, direct the delivery of the funds and other property in his
possession to the person adjudged to be entitled to receive them and order
the discharge of the receiver from further duty as such. The court shall
allow the receiver such reasonable compensation as the circumstances of
the case warrant, to be taxed as costs against the defeated party, or
apportioned, as justice requires. (8a)
Section 9. Judgment to include recovery against sureties. The amount,
if any, to be awarded to any party upon any bond filed in accordance with
the provisions of this Rule, shall be claimed, ascertained, and granted
under the same procedure prescribed in section 20 of Rule 57. (9a)

RULE 60
Replevin
Section 1. Application. A party praying for the recovery of possession
of personal property may, at the commencement of the action or at any
time before answer, apply for an order for the delivery of such property to
him, in the manner hereinafter provided. (1a)
Section 2. Affidavit and bond. The applicant must show by his own
affidavit or that of some other person who personally knows the facts:
(a) That the applicant is the owner of the property claimed, particularly
describing it, or is entitled to the possession thereof;
(b) That the property is wrongfully detained by the adverse party, alleging
the cause of detention thereof according to the best of his knowledge,
information, and belief ;
(c) That the property has not been distrained or taken for 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; and
(d) The actual market value of the property.
The applicant must also give a bond, executed to the adverse party in
double the value of the property as stated in the affidavit aforementioned,
for the return of the property to the adverse party if such return be
adjudged, and for the payment to the adverse party of such sum as he may
recover from the applicant in the action. (2a)
Section 3. Order. Upon the filing of such affidavit and approval of the
bond, the court shall issue an order and the corresponding writ of
replevin, describing the personal property alleged to be wrongfully
detained and requiring the sheriff forthwith to take such property into his
custody. (3a)
Section 4. Duty of the sheriff. Upon receiving such order, the sheriff
must serve a copy thereof on the adverse party, together with a copy of

the application, affidavit and bond, and must forthwith take the property,
if it be in the possession of the adverse party, or his agent, and retain it in
his custody. If the property or any part thereof be concealed in a building
or enclosure, the sheriff must demand its delivery, and if it be not
delivered, he must cause the building or enclosure to be broken open and
take the property into his possession. After the sheriff has take possession
of the property as herein provided, he must keep it in a secure place and
shall be responsible for its delivery to the party entitled thereto upon
receiving his fees and necessary expenses for taking and keeping the
same. (4a)
Section 5. Return of property. If the adverse party objects to the
sufficiency of the applicant's bond, or of the surety or sureties thereon, he
cannot immediately require the return of the property, but if he does not
so object, he may, at any time before the delivery of the property to the
applicant, require the return thereof, by filing with the court where the
action is pending a bond executed to the applicant, in double the value of
the property as stated in the applicant's affidavit for the delivery thereof to
the applicant, if such delivery be adjudged, and for the payment of such
sum, to him as may be recovered against the adverse party, and by serving
a copy of such bond on the applicant. (5a)
Section 6. Disposition of property by sheriff. If within five (5) days
after the taking of the property by the sheriff, the adverse party does not
object to the sufficiency of the bond, or of the surety or sureties thereon;
or if the adverse party so objects and the court affirms its approval of the
applicant's bond or approves a new bond, or if the adverse party requires
the return of the property but his bond is objected to and found
insufficient and he does not forthwith file an approved bond, the property
shall be delivered to the applicant. If for any reason the property is not
delivered to the applicant, the sheriff must return it to the adverse party.
(6a)
Section 7. Proceedings where property claimed by third person. If the
property taken is claimed by any person other than the party against
whom the writ of replevin had been issued or his agent, and such person
makes an affidavit of his title thereto, or right to the possession thereof,
stating the grounds therefor, and serves such affidavit upon the sheriff
while the latter has possession of the property and a copy thereof upon the
applicant, the sheriff shall not be bound to keep the property under

replevin or deliver it to the applicant unless the applicant or his agent, on

demand of said sheriff, shall file a bond approved by the court to
indemnify the third-party claimant in a sum not less than the value of the
property under replevin as provided in section 2 hereof. In case of
disagreement as to such value, the court shall determine the same. No
claim for damages for the taking or keeping, of the property may be
enforced against the bond unless the action therefor is filed within one
hundred twenty (120) days from the date of the filing of the bond.
The sheriff shall not be liable for damages, for the taking or keeping of
such property, to any such third-party claimant if such bond shall be filed.
Nothing herein contained shall prevent such claimant or any third person
from vindicating his claim to the property, or prevent the applicant from
claiming damages against a third-party claimant who filed a frivolous or
plainly spurious claim, in the same or a separate action.
When the writ of replevin is issued in favor of the Republic of the
Philippines, or any officer duly representing it, the filing of such bond
shall not be required, and in case the sheriff is sued for damages as a
result of the replevin, he shall be represented by the Solicitor General, and
if held liable therefor, the actual damages adjudged by the court shall be
paid by the National Treasurer out of the funds to be appropriated for the
purpose. (7a)
Section 8. Return of papers. The sheriff must file the order, with his
proceedings indorsed, thereon, with the court within ten (10) days after
taking the property mentioned therein. (8a)
Section 9. Judgment. After trial of the issues the court shall determine
who has the right of possession to and the value of the property and shall
render judgment in the alternative for the delivery thereof to the party
entitled to the same, or for its value in case delivery cannot be made, and
also for such damages as either party may prove, with costs. (9a)
Section 10. Judgment to include recovery against sureties. The
amount, if any, to be awarded to any party upon any bond filed in
accordance with the provisions of this Rule, shall be claimed, ascertained,
and granted under the same procedure as prescribed in section 20 of Rule
57. (10a)

-----------------------------------------------------------------------------------------------------------------RULE 61
Support Pendente Lite
Section 1. Application. At the commencement of the proper action or
proceeding, or at any time prior to the judgment or final order, a verified
application for support pendente lite may be filed by any party stating the
grounds for the claim and the financial conditions of both parties, and
accompanied by affidavits, depositions or other authentic documents in
support thereof. (1a)
Section 2. Comment. A copy of the application and all supporting
documents shall be served upon the adverse party, who shall have five (5)
days to comment thereon unless a different period is fixed by the court
upon his motion. The comment shall be verified and shall be
accompanied by affidavits, depositions or other authentic documents in
support thereof. (2a, 3a)
Section 3. Hearing. After the comment is filed, or after the expiration
of the period for its filing, the application shall be set for hearing not
more than three (3) days thereafter. The facts in issue shall be proved in
the same manner as is provided for evidence on motions. (4a)
Section 4. Order. The court shall determine provisionally the pertinent
facts, and shall render such orders as justice and equity may require,
having the regard to the probable outcome of the case and such other
circumstances as may aid in the proper resolution of the question
involved. If the application is granted, the court shall fix the amount of
money to be provisionally paid or such other forms of support as should
be provided, taking into account the necessities of the applicant and the
resources or means of the adverse party, and the terms of payment or
mode for providing the support. If the application is denied, the principal
case shall be tried and decided as early as possible. (5a)

Section 5. Enforcement of order. If the adverse party fails to comply

with an order granting support pendente lite, the court shall, motu
proprio or upon motion; issue an order of execution against him, without
prejudice to his liability for contempt. (6a)
When the person ordered to give support pendente lite refuses or fails to
do so, any third person who furnished that support to the applicant may,
after due notice and hearing in the same case obtain a writ of execution to
enforce his right of reimbursement against the person ordered to provide
such support. (h)
Section 6. Support in criminal cases. In criminal actions where the
civil liability includes support for the offspring as a consequence of the
crime and the civil aspect thereof has not been waived, reserved and
instituted prior to its filing, the accused may be ordered to provide
support pendente lite to the child born to the offended party allegedly
because of the crime. The application therefor may be filed successively
by the offended party, her parents, grandparents or guardian and the State
in the corresponding criminal case during its pendency, in accordance
with the procedure established under this Rule. (n)
Section 7. Restitution. When the judgment or final order of the court
finds that the person who has been providing support pendente lite is not
liable therefor, it shall order the recipient thereof to return to the former
the amounts already paid with legal interest from the dates of actual
payment, without prejudice to the right of the recipient to obtain
reimbursement in a separate action from the person legally obliged to
give the support. Should the recipient fail to reimburse said amounts, the
person who provided the same may likewise seek reimbursement thereof
in a separate action from the person legally obliged to give such support.
(n)