Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Provisional Remedies

A. Nature and Purpose

Nature of Provisional Remedies

Provisional remedies are temporary and ancillary remedies to which party-litigants may resort for the preservation or protection of their rights or interests, and for no other purpose, during the pendency of the principal action. (FERIA & NOCHE, 2013)

Purpose of Provisional Remedies

  • To protect the rights of a party during the litigation;
  • To secure the judgment;
  • To preserve the subject matter of the litigation;
  • To preserve the status quo / status quo ante;
  • To prevent very serious damage; or
  • To meet a very urgent need. (RIANO, 2016).

Authorities

  • Feria & Noche
  • Riano