P. Provisional Remedies in Criminal Cases (Rule 127)

O. Provisional Remedies (Rule 127)

> RULE 127

Provisional Remedies in Criminal Cases

Section 1. Availability of provisional remedies. — The provisional remedies in civil actions, insofar as they are applicable, may be availed of in connection with the civil action deemed instituted with the criminal action. (1a)

Section 2. Attachment. — When the civil action is properly instituted in the criminal action as provided in Rule 111, the offended party may have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused in the following cases:

(a) When the accused is about to abscond from the Philippines;

(b) When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer, officer of a corporation, 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) When the accused has concealed, removed, or disposed of his property, or is about to do so; and

a) When the accused resides outside the Philippines. (2a)

Provisional Remedies in Criminal Cases

Nature

The provisional remedies in civil actions, in so far as they are applicable, may be availed of in connection with the civil action deemed instituted with the criminal action.

HENCE, If the civil action has been waived, reserved, or instituted separately, a provisional remedy may not be availed of in the criminal action. Instead, the provisonal remedy should be applied for in the sep arate civil action instituted.

Note: The requisites and procedure for availing of these provisional remedies shall be the same as those for civil cases.

Attachment, When Proper

• Accused is about to abscond from the Philippines;
• Criminal action is based on a claim of money or property embezzled or fraudulently misapplied or converted;
• When the accused has concealed, removed, or disposed of his property, or is about to do so; and
• When the accused resides outside the Philippines (Rule 127, Sec. 2).

Note: Under R.A. 9208, in cases of trafficking in persons, the court may motu propio issue attachment and injunction.

Support pendente lite can be claimed for by the victim of rape or seduction to support the offspring.

Effect of filing a criminal action

When a criminal action has been commenced, no separate petition for the writ shall be filed. The relief under the writ shall be available to an aggrieved party by motion in the criminal case. (Sec. 22, A.M. No. 08- 1-16-SC)

The effect is the same as in amparo cases.

A criminal case is required before a HoldDeparture Order may be issued

Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts.