Lecture Notes in Civil Procedure 2

Rule 61, Provisional Remedies & Interim Reliefs Under

Special Laws and Rules, Rule 62 and Rule 53

Special Notes:

Distinguish Writs of: Attachment, Injunction, Receivership and Replevin

Attachment Injunction Receivership Replevin

Purpose prevent defendant preserve preserve the recover possession

From disposing of status quo property & funds of personal
His property and subject of the property illegally
Secure satisfaction Enjoin case, pendente detained by
Of judgment; adverse lite and in aid of another
Place property Party: Execution of
Of defendant To restrain judgment
In custodia From
legis Performing Place the Property Seize detained
An act; or funds subject personal property
(Prohibitory of litigation in the and deliver it to
Injunction) custody and care plaintiff/rightful
Of a Receiver possessor
To compel
Adverse
Party to
Perform
An act
(Mandatory
Injunction)
Subject Properties of rights in esse property or funds personal property
Matter defendant of the subject of the main in possession of
Applicant case the defendant/
Adverse party

Nature Provisional both main Provisional both main action

Remedy action and Remedy and provisional
Provisional remedy
remedy

When to Commencement At any at any stage Commencement

File main action or stage of the of the action of main action or
At any time main action before Answer is
Before entry of file
Judgment

Where to Trial Court hearing MTC,RTC MTC, RTC MTC & RTC only
File the Main Case CA, SC CA

How to Verified Applica- Verified Verified Verified Application

Commence tion, Affidavit & Application Application, Affidavit of Merit
Bonds, Affidavit, Affidavit, Bonds
Notice Notice,
Bond & set Bond & set
 For Hearing for hearing

How Granted filed with the Summary Summary Ex Parte

Main case: hearing hearing
Ex Parte

Filed during
Pendency of
Main case:
With Summary
Hearing

Grounds Fraud in contracting applicant has applicant has personal

The obligation; clear and interest on property is
Fraud in the unmistakable property & funds illegally detained
Performance of rights being subject of litigation;
Obligation; violated by property/funds is
Defendant is adverse party; in danger of being
Disposing or applicant will lost, remove, wasted
Attempting to suffer dissipated or
Dispose his irreparable materially altered
Property in injury/injustice
Default of his
Creditors;
Defendant, is a
Filipino and
Temporarily out of
The Philippines;
Defendant is a non-
Resident alien

Life of Writ Up to Rendition After trial up to Execution up to rendition

Of Judgment & of the main of judgment of judgment
Until defendant’s case &
Judgment rendition of
Obligation is judgment
Fully satisfied
Note: If TRO

Issued by EJ:
Ex Parte;
72 hrs.

Issued by
Presiding Judge
After Summary
Hearing:
20 days

Issued by CA:
60 days

Issued by SC:
Until further
 Notice

Rule 61 SUPPORT PENDENTE LITE

 What is Support pendente lite?

It is a support provided a party during the pendency of the ligation.

 In what actions may support pendente lite be applied for?

a. In an action for support.

b. In criminal action 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
or instituted prior to its filing
 What courts may grant support pendente lite?

a. Family court, in civil cases.

b. RTC or MTC, where criminal action is pending where the civil action is instituted with
the criminal action and where the civil liability includes support for the offspring as a
consequence of the crime.
c. Court of Appeals

 Order granting Support Pendente Lite is an INTERLOCUTORY ORDER; hence not subject
to appeal

 When to File Application for Support Pendente Lite?

a. At the commencement of main action or proceeding on the main action; or

b. At anytime before rendition of judgment or final order

 What to file?

a. Verified Application for Support Pendente Lite stating the following:

1. State the grounds for the claim (i.e. filiation of person entitled to support to the
defendant)
2. Financial condition of both parties
3. Affidavit and deposition of applicant and witness/es
4. Supporting documents

 Procedures:

1. Verified Application with supporting affidavits/deposition and documents must be

served on the adverse party
2. Adverse party has five (5) days from receipt of application to file Verified Comment
together with affidavit and deposition of adverse party and his/her witnesses and
supporting documents;
3. With or without Verified Comments filed by adverse party, the Court shall set the
Application for Support Pendente Lite for hearing within three (3) days from last day
of filing of Comment, for reception of evidence;
4. After hearing, the court shall determine provisionally the facts and issue an Order if
the application is GRANTED or NOT.

If GRANTED, the court shall:

 4.a. Fix the amount of support taking into account:

4.a.1. necessities of the applicant

4.a.2. resources or means of the adverse party

4.b. fix the terms or mode of support

If DENIES, the principal/main case shall be tried and decided as early as possible.

 Enforcement of Order (Section 5)

Failure of adverse party to comply to the Order granting Support,

a. Court motu proprio; or

b. Upon motion of Applicant

Issue Order of Execution against adverse party who may also be held for Contempt
of Court.

Order of Support Pendente Lite may be enforced upon 3rd person i.e. ascendant,
descendant and collateral relative of adverse party , and the latter may enforce right
of reimbursement from the adverse party.

 Restitution (Section 7)

When judgment or final order of the court finds that the person who has been providing
support pendente lite is NOT LIABLE therefore, the recipient shall be ordered to return
the amounts paid plus interest reckon from date of actual payment.

Cases:

The pertinent provision of the Family Code of the Philippines provides:

Article 194. Support comprises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping with the financial
capacity of the family.

The education of the person entitled to be supported referred to in the preceding

paragraph shall include his schooling or training for some profession, trade or vocation, even
beyond the age of majority. Transportation shall include expenses in going to and from school,
or to and from place of work.

As a matter of law, the amount of support which those related by marriage and
family relationship is generally obliged to give each other shall be in proportion to the
resources or means of the giver and to the needs of the recipient. Such support
comprises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the
family.

Upon receipt of a verified petition for declaration of absolute nullity of void

marriage or for annulment of voidable marriage, or for legal separation, and at any time
during the proceeding, the court, motu proprio or upon verified application of any of the
parties, guardian or designated custodian, may temporarily grant support pendente lite
prior to the rendition of judgment or final order. Because of its provisional nature, a
court does not need to delve fully into the merits of the case before it can settle an
application for this relief. All that a court is tasked to do is determine the kind and
amount of evidence which may suffice to enable it to justly resolve the application. It is
enough that the facts be established by affidavits or other documentary evidence
appearing in the record.

Judicial determination of support pendente lite in cases of legal separation and

petitions for declaration of nullity or annulment of marriage are guided by the following
provisions of the Rule on Provisional Orders.

Sec. 2. Spousal Support.–In determining support for the spouses, the court may
be guided by the following rules:

(a) In the absence of adequate provisions in a written agreement between the

spouses, the spouses may be supported from the properties of the absolute
community or the conjugal partnership.

(b) The court may award support to either spouse in such amount and for such
period of time as the court may deem just and reasonable based on their
standard of living during the marriage.

(c) The court may likewise consider the following factors:

(1) whether the spouse seeking support is the custodian of a child whose
circumstances make it appropriate for that spouse not to seek outside
employment;

(2) the time necessary to acquire sufficient education and training to

enable the spouse seeking support to find appropriate employment, and that
spouse’s future earning capacity;

(3) the duration of the marriage;

(4) the comparative financial resources of the spouses, including their

comparative earning abilities in the labor market;

(5) the needs and obligations of each spouse;

(6) the contribution of each spouse to the marriage, including services

rendered in home-making, child care, education, and career building of the other
spouse;

(7) the age and health of the spouses;

(8) the physical and emotional conditions of the spouses;

(9) the ability of the supporting spouse to give support, taking into account
that spouse’s earning capacity, earned and unearned income, assets, and
standard of living; and

(10) any other factor the court may deem just and equitable.

(d) The Family Court may direct the deduction of the provisional support from the
salary of the spouse.

Sec. 3. Child Support.–The common children of the spouses shall be supported

from the properties of the absolute community or the conjugal partnership.

Subject to the sound discretion of the court, either parent or both may be
ordered to give an amount necessary for the support, maintenance, and education of
the child. It shall be in proportion to the resources or means of the giver and to the
necessities of the recipient.

In determining the amount of provisional support, the court may likewise consider
the following factors:
 (1) the financial resources of the custodial and non-custodial parent and those of
the child;

(2) the physical and emotional health of the child and his or her special needs
and aptitudes;

(3) the standard of living the child has been accustomed to;

(4) the non-monetary contributions that the parents will make toward the care
and well-being of the child.

The Family Court may direct the deduction of the provisional support from the
salary of the parent.

The general rule is to the effect that when a father is required by a divorce
decree to pay to the mother money for the support of their dependent children and the
unpaid and accrued installments become judgments in her favor, he cannot, as a matter
of law, claim credit on account of payments voluntarily made directly to the children.

The monthly support pendente lite granted by the trial court was intended
primarily for food, household expenses such as salaries of drivers and house helpers,
and also petitioner’s scoliosis therapy sessions. Hence, the value of two expensive cars
bought by respondent for his children plus their maintenance cost, travel expenses of
petitioner and Angelli, purchases through credit card of items other than groceries and
dry goods (clothing) should have been disallowed, as these bear no relation to the
judgment awarding support pendente lite.

The matter of increase or reduction of support should be submitted to the trial

court in which the action for declaration for nullity of marriage was filed, as this Court is
not a trier of facts. The amount of support may be reduced or increased proportionately
according to the reduction or increase of the necessities of the recipient and the
resources or means of the person obliged to support. As we held in Advincula v.
Advincula (L-19065, Jan. 31, 1964, 10 SCRA 189, 191)

…Judgment for support does not become final. The right to support is of
such nature that its allowance is essentially provisional; for during the entire
period that a needy party is entitled to support, his or her alimony may be
modified or altered, in accordance with his increased or decreased needs, and
with the means of the giver. It cannot be regarded as subject to final
determination.

Source: Susan Lim-Lua vs Danilo Y. Lua, GR. No. 175279-80, June 5, 2013

“Who should be made liable for said award.

The pertinent provision of the Family Code on this subject states:

ART. 199. Whenever two or more persons are obliged to give support, the
liability shall devolve upon the following persons in the order herein provided:

(1) The spouse;

(2) The descendants in the nearest degree;

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters.

An eminent author on the subject explains that the obligation to give support
rests principally on those more closely related to the recipient. However, the more
remote relatives may be held to shoulder the responsibility should the claimant prove
that those who are called upon to provide support do not have the means to do so. (Civil
Code of the Philippines with Commentaries, Arturo Tolentino)

Petitioner and respondent Federico are primarily charged to support their

children’s college education. In view however of their incapacities, the obligation to
furnish said support should be borne by respondent Francisco. Under Article 199 of the
Family Code, respondent Francisco, as the next immediate relative of Rica and Rina, is
tasked to give support to his granddaughters in default of their parents.

Art. 204. The person obliged to give support shall have the option to fulfill the
obligation either by paying the allowance fixed, or by receiving and maintaining in the
family dwelling the person who has a right to receive support. The latter alternative
cannot be availed of in case there is a moral or legal obstacle thereto.

Under the above cited provision, the obligor is given the choice as to how he
could dispense his obligation to give support. Thus, he may give the determined
amount of support to the claimant or he may allow the latter to stay in the family
dwelling. The second option cannot be availed of in case there are circumstances, legal
or moral, which should be considered.

In this case, this Court believes that respondent Francisco could not avail himself
of the second option. X x x With the filing of this case, and the allegations hurled at
one another by the parties, the relationships among the parties had certainly been
affected. Particularly difficult for Rica and Rina must be the fact that those who they had
considered and claimed as family denied having any familial relationship with them.
Given all these, we could not see Rica and Rina moving back here in the Philippines in
the company of those who have disowned them.

Source: Ma. Belen Mangonon vs. CA et al., GR 125041, June 30, 2006

PROVISIONAL REMEDIES AND INTERIM RELIEFS UNDER SPECIAL LAWS AND

RULES

A. Provisional Remedies of the Family Courts

 Cases of Violence among immediate family members living in the same domicile
Or household, the Family Court may issue:

1. Restraining Order against the accused or defendant

2. Temporary custody of children in all civil cases for custody;
3. Order of Support Pendente Lite

B. Provisional Remedies under Human Security Act of 1997

1. Inspection and examination of bank and financial institution accounts of

terrorists, terrorist organizations, and suspected terrorists (Section 27 to 31)

2. Seizure, sequestration, and freezing of bank and financial institution accounts

and assets of terrorists, terrorist organizations, and suspected terrorists (Sec
39)

3. Restriction on the right to travel of a person charged with terrorism or

conspiracy to commit terrorism (Section 26)

C. RA 9262 (Anti Violence Against Women and Children)

1. Barangay Protection Order (BPO)

2. Temporary Protection Order (TPO) (Section 8)

 Protection Order is an order issued for the purpose of preventing further acts
of violence against a woman or her child and granting other necessary relief
minimizing any disruption in the victim’s daily life, and facilitating the
opportunity and ability of the victim to independently regain control over her
life.

The provisions of the BPO and TPO shall be enforced by law enforcement
agencies.

Case:

“The nature and purpose of summons vis-a-vis a TPO in Pavlow v.

Mendenilla, (806 Phil 24 {2017}) to wit:

an action was brought against him or her. ℒαwρhi ৷ In an action in personam, brought to
Summons is a procedural tool. It is a writ by which the defendant is notified that

enforce personal rights and obligations, jurisdiction over the person of the defendant is
mandatory. In such actions, therefore, summonses serve not only to notify the
defendant of the filing of an action, but also to enable acquisition of jurisdiction over his
person.

A protection order is not a procedural mechanism, which is imperative for the

progression of an initiated action. Rather, it is itself a substantive relief which "prevent[s]
further acts of violence against a woman or her child specified in Section 5 of [the Anti-
VAWC Law] and granting other necessary relief." x x x

xxxx

x x x [S]ummons and temporary protection orders are entirely different judicial

issuances. It is true that the latter also serves the purpose of conveying information.
However, this information pertains not to the filing of an action but merely to the
schedule of an upcoming hearing. The similarities of a summons and a protection order
begin and end with their informative capacity. At no point does the Anti-VAWC Law
intimate that the temporary protection order is the means for acquiring jurisdiction over
the person of the respondent.

Section 15 of the Anti-VAWC Law's reference to "immediate personal service" is

an incident of the underlying urgency which compelled the ex parte issuance of a
protection order. It should not be construed as a restriction on the manner of acquisition
of jurisdiction over the person of the respondent. Otherwise, far from relieving a
manifest urgency, it stifles a civil action for the issuance of a protection order right at the
moment of its initiation. Construed as such, a temporary protection order is twisted to a
shrewdly convenient procedural tool for defeating the very purposes for which it was
issued in the first place.

xxxx

Section 1 of A.M. No. 04-10-11-SC expressly states that while it governs

petitions for the issuance of protection orders under the Anti-VAWC Law, "[t]he Rules of
Court shall apply suppletorily." In the silence of A.M. No. 04-10-11-SC, service of
summons - the means established by the 1997 Rules of Civil Procedure for informing
defendants and/or respondents of the filing of adverse actions, and for the acquisition of
jurisdiction over their persons - remains efficacious. (Emphasis and underscoring
supplied)

Clearly, jurisdiction over the person of the respondent in a petition for TPO!PPO
under RA 9262 can be acquired through any of the means of serving summons under
the Rules of Court. In an action in personam such as a petition for TPO/PPO under RA
9262, the purpose of summons is two-fold: (1) to notify the defendant that an action has
been brought against him; and (2) to acquire jurisdiction over the person of the
defendant. When the defendant does not voluntarily submit to the court's jurisdiction or
when there is no valid service of summons, any judgment of the court which has no
jurisdiction over the person of the defendant is null and void. This underscores the
importance of the proof of service of summons under the Rules of Court:

The proof of service of a summons shall be made in writing by the server and shall
set forth the manner, place, and date of service; shall specify any papers which have
been served with the process and the name of the person who received the same; and
shall be sworn to when made by a person other than a sheriff or his deputy.

D. Anti-Money Laundering Act (AML)

1. Freeze Order issued by the Court of Appeals upon verified petition by

Anti Money Laundering Council and after determination that probable
cause exists that any monetary instrument or property is in any way
related to an unlawful activity.

The freeze order shall be effective immediately for a period of 20 days.

E. Financial Rehabilitation & Insolvency Act (FRIA)

1. Stay or Suspension Order - issued in conjunction with the

commencement order that shall suspend all actions or proceedings, in court
for the enforcement of claims against the debtor.

2. RECEIVERSHIP - The court shall appoint Rehabilitation Receiver

pursuant to FRIA with the principal duty of preserving and maximizing the
value of the assets of the debtor, determining the viability of the debtor’s
rehabilitation including preparation of rehabilitation plan for approval and
implements the same once approved.

F. Precautionary Hold Departure Order (PHDO)

What is a Precautionary Hold Departure Order (PHDO)

A PHDO is an Order issued by a court commanding the Bureau of Immigration to

prevent any attempt by a person suspected of a crime to depart from the
Philippines.

Who Issues?

1. RTC that has jurisdiction over the territory where the alleged crime was
committed

2. Any RTC within the jurisdictional region where the crime was committed if the
place of the commission of the crime is known

3. RTC in Manila, Quezon City, Cebu City, Iloilo City, Davao City and Cagayan
De Oro City for criminal complaints initiated or filed by the NBI regardless
where the alleged crime was committed.

How issued?

1. Issued Ex-Parte upon application for PHDO filed by a public prosecutor

before the appropriate RTC provided:

a. A criminal complaint was filed before the Office of the City/Provincial

Prosecutor;

b. A preliminary investigation for determination of probable cause was

conducted by the Prosecutor’s Office;

c. Motion filed by the Complainant

 2. Court conducts summary hearing personally examining under oath, in the
form of searching questions and answers in writing the applicant and
witness/es on facts personally known to them and attached to the records
their sworn statements, that

2.a. Probable cause exists to warrant the issuance of PHDO;

2.b. there is high probability that the respondent will depart from the
Philippines to evade arrest and prosecution of the crime against
him/her.
.
What cases are covered?

1. Crimes where the minimum of the penalty prescribed by law is imprisonment

of at least 6 years and 1 day

2. When the offender is a foreigner regardless of the imposable penalty.

G. Custody of Minors (A.M. 03-04-04-SC)

Section 13. Provisional order awarding custody. - After an answer has been filed or after
expiration of the period to file it, the court may issue a provisional order awarding
custody of the minor. As far as practicable, the following order of preference shall be
observed in the award of custody:

a) Both parents jointly;

(b) Either parent, taking into account all relevant considerations, especially the choice of
the minor over seven years of age and of sufficient discernment, unless the parent
chosen is unfit;

(c) The grandparent, or if there are several grandparents, the grandparent chosen by the
minor over seven years of age and of sufficient discernment, unless the grandparent
chosen is unfit or disqualified;

(d) The eldest brother or sister over twenty-one years of age, unless he or she is unfit or
disqualified;

(e) The actual custodian of the minor over twenty-one years of age, unless the former is
unfit or disqualified; or

(f) Any other person or institution the court may deem suitable to provide proper care
and guidance for the minor.

Section 14. Factors to consider in determining custody. - In awarding custody, the court
shall consider the best interests of the minor and shall give paramount consideration to
his material and moral welfare. The best interests of the minor refer to the totality of the
circumstances and conditions as are most congenial to the survival, protection, and
feelings of security of the minor encouraging to his physical, psychological and
emotional development. It also means the least detrimental available alternative for
safeguarding the growth and development of the minor.

The court shall also consider the following:

(a) Any extrajudicial agreement which the parties may have bound themselves to comply
with respecting the rights of the minor to maintain direct contact with the non custodial
parent on a regular basis, except when there is an existing threat or danger of physical,
mental, sexual or emotional violence which endangers the safety and best interests of
the minor;
 (b) The desire and ability of one parent to foster an open and loving relationship between
the minor and the other parent;

(c) The health, safety and welfare of the minor;

(d) Any history of child or spousal abuse by the person seeking custody or who has had
any filial relationship with the minor, including anyone courting the parent;

(e) The nature and frequency of contact with both parents;

(f) Habitual use of alcohol, dangerous drugs or regulated substances;

(g) Marital misconduct;

(h) The most suitable physical, emotional, spiritual, psychological and educational
environment for the holistic development and growth of the minor; and

(i) The preference of the minor over seven years of age and of sufficient discernment,
unless the parent chosen is unfit.

Section 15. Temporary visitation rights. - The court shall provide in its order awarding
provisional custody appropriate visitation rights to the non-custodial parent or parents, unless
the court finds said parent or parents unfit or disqualified.

The temporary custodian shall give the court and non custodial parent or parents at least five
days' notice of any plan to change the residence of the minor or take him out of his residence
for more than three days provided it does not prejudice the visitation rights of the non-custodial
parent or parents.

Section 16. Hold Departure Order. - The minor child subject of the petition shall not be brought
out of the country without prior order from the court while the petition is pending.

The court, motu proprio or upon application under oath, may issue ex parte a hold departure
order, addressed to the Bureau of Immigration and Deportation, directing it not to allow the
departure of the minor from the Philippines without the permission of the court.

The Family Court issuing the hold departure order shall furnish the Department of Foreign
Affairs and the Bureau of Immigration and Deportation of the Department of Justice a copy of
the hold departure order within twenty-four hours from its issuance and through the fastest
available means of transmittal.

The hold departure order shall contain the following information:

(a) The complete name (including the middle name), the date and place of birth, the
nationality and the place of last residence of the person against whom a hold departure
order has been issued or whose departure from the country has been enjoined;

(b) The complete title and docket number of the case in which the hold departure order
was issued;

(c) The specific nature of the case;

(d) The date of the hold departure order; and

(e) A recent photograph, if available, of the party against whom a hold departure order
has been issued or whose departure from the country has been enjoined.

The court may recall the hold departure order motu proprio, or upon verified motion of any of the
parties after summary hearing, subject to such terms and conditions as may be n necessary for
the best interests of the minor.

Section 17. Protection Order. - The court may issue a Protection Order requiring any person:

(a) To stay away from the home, school, business, or place of employment of the minor, other
parent or any other party, or from any other specific place designated by the court;
(b) To cease and desist from harassing, intimidating, or threatening such minor or the other
parent or any person to whom custody of the minor is awarded;

(c) To refrain from acts of commission or omission that create an unreasonable risk to the
health, safety, or welfare of the minor;

(d) To permit a parent, or a party entitled to visitation by a court order or a separation

agreement, to visit the minor at stated periods;

(e) To permit a designated party to enter the residence during a specified period of time in order
to take personal belongings not contested in a proceeding pending with the Family Court; and

(f) To comply with such other orders as are necessary for the protection of the minor.

Section 20. Petition for writ of habeas corpus. - A verified petition for a writ of habeas corpus
involving custody of minors shall be filed with the Family Court. The writ shall be enforceable
within its judicial region to which the Family Court belongs.

However, the petition may be filed with the regular court in the absence of the presiding judge of
the Family Court, provided, however, that the regular court shall refer the case to the Family
Court as soon as its presiding judge returns to duty.

The petition may also be filed with the appropriate regular courts in places where there are no
Family Courts.

The writ issued by the Family Court or the regular court shall be enforceable in the judicial
region where they belong.

The petition may likewise be filed with the Supreme Court, Court of Appeals, or with any of its
members and, if so granted, the writ shall be enforceable anywhere in the Philippines. The writ
may be made returnable to a Family Court or to any regular court within the region where the
petitioner resides or where the minor may be found for hearing and decision on the merits.

Upon return of the writ, the court shall decide the issue on custody of minors. The appellate
court, or the member thereof, issuing the writ shall be furnished a copy of the decision.

H. Provisional Remedies in Writ of Amparo

SECTION 1. Petition. – The petition for a writ of amparo is a remedy available to any
person whose right to life, liberty and security is violated or threatened with violation by
an unlawful act or omission of a public official or employee, or of a private individual or
entity.

The writ shall cover extralegal killings and enforced disappearances or threats thereof.

SEC. 2. Who May File. – The petition may be filed by the aggrieved party or by any
qualified person or entity in the following order:

a. Any member of the immediate family, namely: the spouse, children and parents
of the aggrieved party;

b. Any ascendant, descendant or collateral relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity, in default of those mentioned in the
preceding paragraph; or

c. Any concerned citizen, organization, association or institution, if there is no

known member of the immediate family or relative of the aggrieved party.

SEC. 6. Issuance of the Writ. – Upon the filing of the petition, the court, justice or judge
shall immediately order the issuance of the writ if on its face it ought to issue. The clerk
of court shall issue the writ under the seal of the court; or in case of urgent necessity,
the justice or the judge may issue the writ under his or her own hand, and may deputize
any officer or person to serve it.
 The writ shall also set the date and time for summary hearing of the petition
which shall not be later than seven (7) days from the date of its issuance.

SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – A clerk of court who refuses
to issue the writ after its allowance, or a deputized person who refuses to serve the
same, shall be punished by the court, justice or judge for contempt without prejudice to
other disciplinary actions.

SEC. 8. How the Writ is Served. – The writ shall be served upon the respondent by a
judicial officer or by a person deputized by the court, justice or judge who shall retain a
copy on which to make a return of service. In case the writ cannot be served personally
on the respondent, the rules on substituted service shall apply.

SEC. 14. Interim Reliefs. — Upon filing of the petition or at anytime before final
judgment, the court, justice or judge may grant any of the following reliefs:

(a) Temporary Protection Order. – The court, justice or judge, upon motion or
motu proprio, may order that the petitioner or the aggrieved party and any
member of the immediate family be protected in a government agency or by an
accredited person or private institution capable of keeping and securing their
safety. If the petitioner is an organization, association or institution referred to in
Section 3(c) of this Rule, the protection may be extended to the officers involved.

The Supreme Court shall accredit the persons and private institutions that shall
extend temporary protection to the petitioner or the aggrieved party and any
member of the immediate family, in accordance with guidelines which it shall
issue.

The accredited persons and private institutions shall comply with the rules and
conditions that may be imposed by the court, justice or judge.

(b) Inspection Order. — The court, justice or judge, upon verified motion and
after due hearing, may order any person in possession or control of a designated
land or other property, to permit entry for the purpose of inspecting, measuring,
surveying, or photographing the property or any relevant object or operation
thereon.

The motion shall state in detail the place or places to be inspected. It shall be
supported by affidavits or testimonies of witnesses having personal knowledge of
the enforced disappearance or whereabouts of the aggrieved party.

If the motion is opposed on the ground of national security or of the privileged

nature of the information, the court, justice or judge may conduct a hearing in
chambers to determine the merit of the opposition.

The movant must show that the inspection order is necessary to establish the
right of the aggrieved party alleged to be threatened or violated.

The inspection order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the inspection and
may prescribe other conditions to protect the constitutional rights of all parties.
The order shall expire five (5) days after the date of its issuance, unless
extended for justifiable reasons.

(c) Production Order. – The court, justice or judge, upon verified motion and after
due hearing, may order any person in possession, custody or control of any
designated documents, papers, books, accounts, letters, photographs, objects or
tangible things, or objects in digitized or electronic form, which constitute or
contain evidence relevant to the petition or the return, to produce and permit their
inspection, copying or photographing by or on behalf of the movant.
 The motion may be opposed on the ground of national security or of the
privileged nature of the information, in which case the court, justice or judge may
conduct a hearing in chambers to determine the merit of the opposition.

The court, justice or judge shall prescribe other conditions to protect the
constitutional rights of all the parties.

(d) Witness Protection Order. – The court, justice or judge, upon motion or motu
proprio, may refer the witnesses to the Department of Justice for admission to
the Witness Protection, Security and Benefit Program, pursuant to Republic Act
No. 6981.

The court, justice or judge may also refer the witnesses to other government
agencies, or to accredited persons or private institutions capable of keeping and
securing their safety.

SEC. 15. Availability of Interim Reliefs to Respondent. – Upon verified motion of the
respondent and after due hearing, the court, justice or judge may issue an inspection
order or production order under paragraphs (b) and (c) of the preceding section.

A motion for inspection order under this section shall be supported by affidavits or
testimonies of witnesses having personal knowledge of the defenses of the respondent.

I. Provisional Remedy in Habeas Data

SECTION 1. Habeas Data. - The writ of habeas data is a remedy available to any
person whose right to privacy in life, liberty or security is violated or threatened by an
unlawful act or omission of a public official or employee, or of a private individual or
entity engaged in the gathering, collecting or storing of data or information regarding the
person, family, home and correspondence of the aggrieved party.

SEC. 2. Who May File. - Any aggrieved party may file a petition for the writ of habeas
data. However, in cases of extralegal killings and enforced disappearances, the petition
may be filed by:

(a) Any member of the immediate family of the aggrieved party, namely: the
spouse, children and parents; or

(b) Any ascendant, descendant or collateral relative of the aggrieved party within
the fourth civil degree of consanguinity or affinity, in default of those mentioned in
the preceding paragraph; or

SEC. 3. Where to File. - The petition may be filed with the Regional Trial Court where
the petitioner or respondent resides, or that which has jurisdiction over the place where
the data or information is gathered, collected or stored, at the option of the petitioner.

The petition may also be filed with the Supreme Court or the Court of Appeals or the
Sandiganbayan when the action concerns public data files of government offices.

SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the court, justice or judge
shall immediately order the issuance of the writ if on its face it ought to issue. The clerk
of court shall issue the writ under the seal of the court and cause it to be served within
three (3) days from the issuance; or, in case of urgent necessity, the justice or judge
may issue the writ under his or her own hand, and may deputize any officer or person
serve it.

The writ shall also set the date and time for summary hearing of the petition which shall
not be later than ten (10) work days from the date of its issuance.

SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk of court who refuses to
issue the writ after its allowance, or a deputized person who refuses to serve the same,
shall be punished by the court, justice or judge for contempt without prejudice to other
disciplinary actions.

SEC. 9. How the Writ is Served. - The writ shall be served upon the respondent by a
judicial officer or by a person deputized by the court, justice or judge who shall retain a
copy on which to make a return of service. In case the writ cannot be served personally
on the respondent, the rules on substituted service shall apply.

J. Provisional Remedies in Environmental Cases

Section 8. Issuance of Temporary Environmental Protection Order (TEPO). - If it

appears from the verified complaint with a prayer for the issuance of an Environmental
Protection Order (EPO) that the matter is of extreme urgency and the applicant will
suffer grave injustice and irreparable injury, the executive judge of the multiple-sala
court before raffle or the presiding judge of a single-sala court as the case may be, may
issue ex parte a TEPO effective for only seventy-two (72) hours from date of the receipt
of the TEPO by the party or person enjoined. Within said period, the court where the
case is assigned, shall conduct a summary hearing to determine whether the TEPO
may be extended until the termination of the case.

The court where the case is assigned, shall periodically monitor the existence of acts
that are the subject matter of the TEPO even if issued by the executive judge, and may
lift the same at any time as circumstances may warrant.

The applicant shall be exempted from the posting of a bond for the issuance of a TEPO.

Section 9. Action on motion for dissolution of TEPO. - The grounds for motion to
dissolve a TEPO shall be supported by affidavits of the party or person enjoined which
the applicant may oppose, also by affidavits.

The TEPO may be dissolved if it appears after hearing that its issuance or continuance
would cause irreparable damage to the party or person enjoined while the applicant
may be fully compensated for such damages as he may suffer and subject to the
posting of a sufficient bond by the party or person enjoined.

Section 10. Prohibition against temporary restraining order (TRO) and preliminary
injunction. - Except the Supreme Court, no court can issue a TRO or writ of preliminary
injunction against lawful actions of government agencies that enforce environmental
laws or prevent violations thereof.

Section 11. Report on TEPO, EPO, TRO or preliminary injunction. - The judge shall
report any action taken on a TEPO, EPO, TRO or a preliminary injunction, including its
modification and dissolution, to the Supreme Court, through the Office of the Court
Administrator, within ten (10) days from the action taken.

WRIT OF KALIKASAN

Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical
person, entity authorized by law, people’s organization, non-governmental organization,
or any public interest group accredited by or registered with any government agency, on
behalf of persons whose constitutional right to a balanced and healthful ecology is
violated, or threatened with violation by an unlawful act or omission of a public official or
employee, or private individual or entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or more cities
or provinces.

Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any
of the stations of the Court of Appeals.
Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the
petition, if the petition is sufficient in form and substance, the court shall give an order:
(a) issuing the writ; and (b) requiring the respondent to file a verified return as provided
in Section 8 of this Rule. The clerk of court shall forthwith issue the writ under the seal
of the court including the issuance of a cease and desist order and other temporary
reliefs effective until further order.

PROVISIONAL REMEDIES In Criminal Cases

Section 1. Attachment in environmental cases. - The provisional remedy of attachment

under Rule 127 of the Rules of Court may be availed of in environmental cases.

Section 2. Environmental Protection Order (EPO); Temporary Environmental Protection

Order (TEPO) in criminal cases. - The procedure for and issuance of EPO and TEPO
shall be governed by Rule 2 of these Rules.

SPECIAL CIVIL ACTION

 Nature of Special Civil Action

a. It is a civil action
b. It is one by which a party sues another for:

b.1. enforcement of a right

b.2. protection of right;
b.3. prevention of a wrong;
b.4. redress of a right

 Rules on ordinary civil action - applies to Special Civil Action suppletorily

 Distinction between Ordinary Civil Action and Special Civil Action

Ordinary Civil Action Special Civil Action

Governed by rules for ordinary Generally governed by rules for

Civil Action (Rule 1 to 61) ordinary civil actions but subject to
Special rules (Rule 62 to Rule 71)

Must be based on a cause of action not necessarily based on a cause

Meaning an act or omission has of action as in certain special civil
Violated the rights of another action:
1) Declaratory Relief – no actual
Violation of rights;

2) Interpleader – no interest in the

subject matter

May be filed initially in either the There are some special actions which
MTC or RTC depending upon cannot be commenced in the MTC, i.e.
The jurisdictional amount or the petitions for certiorari, prohibition and
Nature of the action mandamus.

Ordinary civil actions are filed Some Special Civil Actions are filed
As Complaints as Complaints, but others are filed
As Petitions.

 Special Civil Actions Initiated by a Complaint

 1. Interpleader (Rule 62)
2. Expropriation (Rule 67)
3. Foreclosure of REM (Rule 68)
4. Partition (Rule 69); and
5. Forcible Entry and Unlawful Detainer (Rule 71)

 Special Actions Initiated by a Petition

1. Declaratory Relief (Rule 63)

2. Review of Adjudication of COMELEC/COA (Rule 64)
3. Certiorari (Rule 65)
4. Prohibition (Rule 65)
5. Quo Warranto (Rule 66)
6. Contempt (Rule 71)
 Special Civil Actions with Two Stages

1. Expropriation; and
2. Partition

Rule 62 - INTERPLEADER

 Nature of Interpleader

It is a remedy whereby a person who has personal or real property in his

possession; or an obligation to render in whole or in part without claiming rights
or interest, not disputed by conflicting claimants, such person may come to court
and ask that the person with conflicting claims over the property in his
possession be required to litigate among themselves in order to determine finally
who is entitled to the property or to receive the obligation.

 Purpose of Interpleader

a. To protect the person in possession of property or obligation subject of

conflicting claims, from double vexation;

b. To extinguish his/her obligation;

c. To remove him/her from the adverse claimant’s dispute;

d. To compel the claimants to litigate among themselves

 Requisites for Interpleader (Section 1 Rule 62)

a. Two or more claimants with adverse or conflicting claims to a property in the

custody or possession of plaintiff;

b. The plaintiff has no claim or interest upon the subject property

c. Subject matter of the adverse claim is one and the same;

 Who files the complaint?

The person against whom the conflicting claims are made.

 When to file the Complaint?

 General Rule: within reasonable time after a dispute has arisen or conflicting
claims arise without waiting to be sued by either of the adverse claimants.

 Action of the court

Upon filing of Complaint for Interpleader, the Court shall:

a. Issue Order requiring the conflicting parties to interplead with one another;

b. When the interest of justice so requires, the court in the said Order, direct that
the subject matter be paid or delivered to court;

c. Direct issuance and service of Summons together with copy of Order,

Complaint with annexes, to the adverse parties.

 What adverse parties should do upon receipt of Order and Summons:

1. May file Motion to Dismiss on the ground of impropriety of the Complaint for
Interpleader, or not compliant to the rules;

2. File Answer setting forth his claims

 Effect of Failure to Answer

The court, motu proprio, or on motion, may declare the non-answering claimant
in default, barring him from any claim in respect of the subject matter.

 Other pleadings that may be filed by counterclaimants:

a. Counterclaim
b. Cross claim
c. 3rd party complaint
d. Reply thereto

 After pre-trial, the court shall adjudicate the parties’ claim (Section 6)
 Docket fees and cost of litigation (Section 7)

To be paid by the plaintiff and shall be charged as lien upon the subject matter of
the Complaint for Interpleader.

Cases:

“Since both petitioner and the Cooperative claimed entitlement to the withheld
amount of P1,400,000.00, respondent appropriately filed a Complaint for Interpleader
with Consignation before Branch 55 of the RTC of Mandaue City. Under Section 1, Rule
62 of the Rules of Court, a person may file a special civil action for interpleader if
conflicting claims are made against him/her/it over a subject matter in which he/she/it
has no interest. The action is brought against the claimants to compel them to litigate
their claims among themselves”

Source: Trifon Tumaodos vs. San Miguel Yamamura Packaging Corp. GR No.
241865, February 19, 2020

“The special civil action of interpleader is designed to protect a person against

double vexation in respect of a single liability. It requires, as an indispensable requisite,
that conflicting claims upon the same subject matter are or may be made against the
stakeholder (the possessor of the subject matter) who claims no interest whatsoever in
the subject matter or an interest which in whole or in part is not disputed by the
claimants. Through this remedy, the stakeholder can join all competing claimants in a
single proceeding to determine conflicting claims without exposing the stakeholder to
the possibility of having to pay more than once on a single liability. "In short, the
remedy of interpleader, when proper, merely provides an avenue for the
conflicting claims on the same subject matter to be threshed out in an action."

However, a successful litigant who has secured a final judgment in its favor
cannot later be impleaded by its defeated adversary in an interpleader suit, and
compelled to prove its claim anew against other adverse claimants, as that would
in effect be a collateral attack upon the judgment. In other words, an action for
interpleader may not be utilized to circumvent the immutability of a final and
executory judgment. It is settled that when a decision has attained finality, it "may no
longer be modified in any respect, even if the modification is meant to correct erroneous
conclusions of fact and law." The doctrine is grounded on the public policy that at the
risk of occasional errors, litigation should end at some definite date fixed by law. "This is
a fundamental principle in our justice system, without which there would be no end to
litigations. Utmost respect and adherence to this principle must always be maintained
by those who exercise the power of adjudication. Any act, which violates such principle,
must be immediately struck down." While the rule admits of exceptions, none obtains in
this case.

In light of the foregoing, the Court agrees with the findings of the CA that the
filing of the instant complaint is improper, since it is a belated attempt on TICO's part to
assail the final and executed judgment in favor of Glowide and PMI.

Source: Bureau of Internal Revenues vs Tico Insurance Co. Inc. GR No.

204226, April18, 2022

On 27 May 1994, METROCAN filed a complaint for Interpleader, docketed as

Civil Case No. 4398-V-94 before the Regional Trial Court of Valenzuela, Metro Manila;
Branch 75 against LEYCON and RCBC to compel them to interplead and litigate their
several claims among themselves and to determine which among them shall rightfully
receive the payment of monthly rentals on the subject property.

It is undisputed that METROCAN filed the interpleader action (Civil Case No.
4398-V-94) because it was unsure which between LEYCON and RCBC was entitled to
receive the payment of monthly rentals on the subject property. LEYCON was claiming
payment of the rentals as lessor of the property while RCBC was making a demand by
virtue of the consolidation of the title of the property in its name.

An action of interpleader is afforded to protect a person not against double

liability but against double vexation in respect of one liability. It requires, as an
indispensable requisite, that "conflicting claims upon the same subject matter are or
may be made against the plaintiff-in-interpleader who claims no interest whatever in the
subject matter or an interest which in whole or in part is not disputed by the claimants.

Source: RCBC vs. METRO CONTAINER CORP. GR No. 127913, 9/13/2001

Pointers for review: Rule 47, 50, 52 and 53 and provisional remedies