IV. Provisional Remedies

Kinds of Provisional Remedies

• Attachment (Rule 57)
• Injunction (Rule 58)
• Receivership (Rule 59)
• Replevin (Rule 60)
• Support pendent lite (Rule 61)

Provisional Remedies under the Rules of Court

• Preliminary Attachment (Rule 57);
• Preliminary Injunction (Rule 58);
• Receivership (Rule 59);
• Replevin (Rule 60); and
• Support Pendente Lite (Rule 61)

Note: This enumeration is not exclusive. (Lorenzo Shipping Corp. v. Villarin, G.R. Nos. 175727 & 178713, 2019)

In one case, the Court upheld the validity of an order of the trial court to the petitioner to make a deposit of the down payment paid by the respondent to the former pursuant to an annulment of a contract of sale. In upholding the order, the Court mentioned that there is a hiatus in the law and in the Rules of Court. If left alone, the hiatus will result in unjust enrichment to the petitioner at the expense of respondent. The hiatus may also imperil restitution. (Reyes v. Lim, G.R. No. 134241, 2003)

Other Laws Providing For Provisional Remedies

• VAWC (R.A. 9282);
• Marital cases (nullity, annulment, legal separation) (A.M. 02-11-12-SC);
• Human Security Act of 2007 (R.A. 9372);
• Anti-Money Laundering Act of 2001 (R.A. 9160);
• Financial Rehabilitation an Insolvency Act of 2010 (R.A. 10142);
• Special rules under Alternative Dispute Resolution Act (R.A. 9285);
• Custody of minors (A.M. 03-04-04-SC);
• Provisional remedies relative to the rule on Writ of Amparo and Writ of Habeas Data;
• Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC);
• Precautionary Hold Departure Orders (A.M. No. 18-07-05-SC).

Jurisdiction Over Provisional Remedies

The court which has jurisdiction over the main action is the court which may grant or issue a provisional remedy. (RIANO, 2009)

All inferior courts can grant all appropriate provisional remedies. The enforcement of said writs outside the territorial jurisdiction of the inferior court no longer requires the approval of the RTC.

Except for the provisional remedy of support pendente lite, because the main case wherein this remedy may be involved is within the jurisdiction of the Regional Trial Court. (Regalado, 2008)