Rule 127
Rule 127
Rule 127
Lacrete
PROVISIONA
inLCriminal
RULES
Criminal Procedure
OVERVIE
01
02
W
Nature of Provisional Remedies
Preliminary Attachment
04
05
Receivership
Replevin
03 Preliminary Injunction 06 Support Pendente Lite
NATURE OF
PROVISIONAL
REMEDIES
Provisional remedies are writs and processes available during
the pendency of an action. They may be resorted to by a
litigant to preserve and protect certain rights and interests
therein pending rendition, and for purposes of the ultimate
effects, of a final judgment in the case.
PRELIMINARY
ATTACHMENT
A PROVISIONED REMEDY ISSUED UPON ORDER OF THE
COURT WHERE AN ACTION IS PENDING TO BE LEVIED UPON
THEPROPERTYORPROPERTIESOFTHEDEFENDANT
ON
INTENDED TO PROVIDE
PROTECTION TO PARTIES
FOR THE PRESERVATION OF
THEIR RIGHTS
RECEIV
ERSHIP
Upon a verified application, one or more
receivers of the property subject of the action or
proceeding may be appointed by the court where
the action is pending or by the Court of Appeals
or by the Supreme Court, or a member thereof.
REPLEVIN
Replevin is a possessory action, the gist of which is the right
of possession in the plaintiff. The primary relief sought
therein is the return of the property in specie wrongfully
detained by another person. It is an ordinary statutory
proceeding to adjudicate rights to the title or possession of
personal property.
SUPPORT
PENDENTE
LITE
In criminal actions 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, the accused may be ordered to provide
support pending litigation, to the child bom to the offended
party allegedly because of the crime.