IV.

PROVISIONAL REMEDIES 304

A. General matters 304
1. Nature of provisional remedies 304
2. Jurisdiction over provisional remedies 305

B. Preliminary attachment 308

1. Grounds for issuance of writ of attachment 310
2. Requisites 313
3. Issuance and contents of order of attachment; affidavit and 313
bond
4. Rule on prior or contemporaneous service of summons 316
5. Manner of attaching real and personal property; when 316
property attached is claimed by third persons
6. Discharge and the counter-bond 319
7. Satisfaction of judgment out of property attached 319

C. Preliminary injunction 321

1. Definitions and differences: preliminary injunction and 322
temporary restraining order (TRO)
2. Requisites 323
3. Kinds of injunction 323
4. When writ may be issued 324
5. Grounds for issuance of preliminary injunction 325
6. Grounds for objection to, or for the dissolution of injunction 325
or restraining order
7. Duration of TRO 325
8. In relation to RA 8975 - ban on issuance of TRO or writ of 327
injunction in cases involving government infrastructure
projects
9. Rule on prior or contemporaneous service of summons in 327
relation to attachment

D. Receivership 330
1. Cases when a receiver may be appointed 331
2. Requisites 331
3. Requirements before issuance of an order appointing a 332
receiver
4. General powers of a receiver 332
5. Two (2) kinds of bonds 332
6. Termination of receivership 332

E. Replevin 333
1. When may a writ of replevin be issued 333
2. Requisites 333
3. Affidavit and bond; Redelivery bond 334
4. Sheriff’s duty in the implementation of the writ; when 334
property is claimed by third party

V. SPECIAL CIVIL ACTIONS 341

A. General matters 341

1. Nature of special civil actions 341
2. Ordinary civil actions versus special civil actions 341
3. Jurisdiction and venue 342

B. Interpleader 342
1. Requisites for interpleader 344
2. When to file 344
C. Declaratory relief and similar remedies 345
1. Who may file the action 346
2. Requisites of an action for declaratory relief 346
3. When may the court refuse to make judicial declaration 347
4. Conversion to ordinary action 347
5. Proceedings considered as similar remedies 347
a) Reformation of an instrument 348
b) Consolidation of ownership 348
c) Quieting of title to real property 350

D. Review of judgments and final orders or resolutions of the 350

COMELEC and COA.
1. Application of Rule 65 under Rule 64 351
2. Distinction in the application of Rule 65 to judgments of the 352
COMELEC and COA and the application of Rule 65 to other
tribunals, persons, and officers

E. Certiorari, prohibition and mandamus 352

1. Definitions and distinctions 353
a) Certiorari distinguished from appeal by certiorari 354
b) Prohibition and mandamus distinguished from 357
injunction
2. Requisites 357
3. When petition for certiorari, prohibition or mandamus is 358
proper
4. Injunctive Relief 359
5. Exceptions to filing of motion for reconsideration before filing 359
petition
6. Reliefs petitioner is entitled to 360
7. Actions/Omissions of MTC/RTC in election cases 360
8. When and where to file petition 360
9. Effects of filing of an unmeritorious petition 361

F. Quo warranto 361

1. Distinguished from quo warranto under the Omnibus 362
Election Code
2. When can the government commence an action against 363
individuals
3. When can an individual commence an action 364
4. Judgment in quo warranto action 364
5. Rights of a person adjudged entitled to public office 364

G. Expropriation 364
1. Matters to allege in complaint for expropriation 365
2. Two stages in every action for expropriation 365
3. When plaintiff can immediately enter into possession of the 365
real property, in relation to RA No. 8974
4. New system of immediate payment of initial just 367
compensation
5. Defenses and objections 367
6. Order of expropriation 368
7. Ascertainment of just compensation 368
8. Appointment of Commissioners; Commissioners’ report; 369
Court action upon Commissioners’ report
9. Rights of plaintiff after judgment and payment 370
10. Effect of entry of judgment 370
H. Foreclosure of real estate mortgage 371
1. Judgment on foreclosure for payment or sale 373
2. Sale of mortgaged property; effect 374
3. Disposition of proceeds of sale 375
4. Deficiency judgment 375
a) Instances when court cannot render deficiency 376
judgment
5. Judicial foreclosure versus extrajudicial foreclosure 376
6. Equity of redemption versus right of redemption 376

I. Partition 377
1. Who may file complaint; who should be joined as defendants 378
2. Matters to allege in the complaint for partition 378
3. Two stages in every action for partition 379
4. Order of partition and partition by agreement 379
5. Partition by commissioners; Appointment of commissioners; 380
Commissioners’ report; Court action upon commissioners’
report
6. Judgment and its effects 381
7. Partition of personal property 381
8. Prescription of action 381

J. Forcible entry and unlawful detainer 382

1. Definition and distinction 382
2. Distinguished from accion publiciana and accion 382
reivindicatoria
3. How to determine jurisdiction in accion publiciana and accion 384
reivindicatoria
4. Who may institute the action and when; against whom may 384
the action be maintained
5. Pleadings allowed 384
6. Action on the complaint 385
7. When demand is necessary 385
8. Preliminary injunction and preliminary mandatory injunction 386
9. Resolving defense of ownership 386
10. How to stay the immediate execution of judgment 386

K. Contempt 388
1. Kinds of contempt 388
2. Purpose and nature of each 388
3. Remedy against direct contempt; penalty 390
4. Remedy against indirect contempt; penalty 390
5. How contempt proceedings are commenced 391
6. Acts deemed punishable as indirect contempt 391
7. When imprisonment shall be imposed 392
8. Contempt against quasi-judicial bodies 392