Definition and Nature of Replevin:
1. Replevin is both a principal remedy and provisional relief aimed at recovering
personal property that has been wrongfully detained. It can either refer to the main
action to regain possession or the provisional remedy that allows the plaintiff to
retain possession during the pendency of the main action (BA Finance
Corporation v. Court of Appeals).
2. Purpose: The primary goal of replevin is to recover personal property wrongfully
detained. It is possessory in nature, meaning it seeks to determine the right of
possession, not ownership.
Application of Rule 60:
1. Provisional Remedy: A party may apply for the delivery of personal property at
the start of the action or at any point before the answer is filed.
2. Provisional or Main Remedy: If possession is vital to the claimant, replevin may
be filed provisionally, before the main action is resolved.
Key Principles:
1. Possession: Replevin is designed for property that is unlawfully possessed by the
defendant. It can be applied for by the plaintiff when the main action for
possession is not yet fully resolved.
2. Chattel Mortgage: In cases where a chattel mortgage is in question, replevin may
be sought if the mortgagee defaults on their payment and refuses to yield
possession of the mortgaged property.
3. Replevin vs. Preliminary Attachment: While replevin aims to recover
possession of the specific property, preliminary attachment focuses on securing
property for satisfaction of a future judgment. Replevin is possessory, while
attachment is preventive.
Procedures for Filing a Replevin:
1. Affidavit and Bond:
o The applicant must submit an affidavit stating ownership and cause of
detention of the property.
o The property must not be taken for tax assessment, seized under
execution, or under the custody of the law (custodia legis).
o A bond must be posted by the plaintiff, typically in double the amount of
the property.
2. Custody of Property: Once the property is recovered by the sheriff, it must be
kept in a secure place and later delivered to the plaintiff unless there is an
objection to the sufficiency of the bond or other procedural requirements.
Property in Custodia Legis:
1. Not Applicable: Replevin cannot be availed of if the property is under legal
custody, such as when seized in enforcement proceedings or held under
attachment. Only the court holding jurisdiction over such proceedings can handle
these matters.
Undertaking of the Replevin Bond:
The bond guarantees the return of the property to the defendant if adjudged, as
well as compensation for damages. The bond serves as security to protect the
defendant should the court ultimately rule in their favor.
Sheriff’s Role:
1. Execution of Writ: Once the court approves the affidavit and bond, the sheriff
takes custody of the property.
2. Return of Property: The sheriff must immediately deliver the property to the
plaintiff within five days unless the defendant objects to the bond's sufficiency.
Dismissal of Complaint:
If the plaintiff fails to prosecute, the complaint may be dismissed, and possession
of the property will be restored to the defendant.
Third-Party Claims:
If another person claims ownership of the property under replevin, they must file
an affidavit with the court. The sheriff must retain custody until the third-party
claim is resolved.
Judgment in Replevin:
The court may order either the return of the property or the payment of its value.
If the property is no longer in the same condition, the prevailing party may opt for
payment rather than receiving the actual item.