Rule 59 Rule 60 Rule 61

Definition/ Nature and Remedy Is a representative of the court The term REPLIVIN in popularly Is an amount of support
appointing him for the purpose of understood as the return to or provisionally fixed by the court in
preserving property against its recovery by a person of goods or favor of the person or persons
possible destruction or dissipation, chattels claimed to be wrongfully entitled thereto during the pendency
if it goes to the possession of taken or detained upon person’s of an action for support
another person giving security to try matter in
court and return the goods defeated
in the action
Purpose To place the property subject of an To compel
action or proceeding under the To recover possession of personal adverse party to
control of a third party for its property. provide support
preservation and administration while action is
pendente lite or as an aid to pending in court.
execution
Main action or only a provisional Provisional remedy/Principal Provisional Remedy Provisional Remedy
remedy? Action
When is it applied? Anytime upon commencement of At the commencement of the action At the commencement if the action
action but before entry of but before the answer is filed. or at any time prior to the judgment
Judgement. or final order

Ground for Issuance 1. When it appears from the 1. That the applicant is the
verified application, and owner of the property
such other proof as the court claimed, particularly
may require, that the party describing it, or is entitled
applying for the to the possession thereof.
appointment of a receiver 2. That the property is
has an interest in the wrongfully detained by the
property or fund which is adverse party, alleging the
 the subject of the action/ cause of detention thereof
proceeding, and that such according to the best of his
property or fund is in danger knowledge, information,
of being lost, removed, or and belief.
materially injured.
2. When in appears in an 3. That the property has not
action by the mortgage for been distrained or taken for
the foreclosure of a a tax assessment or a fine
mortgage that the property pursuant to law, or seized
is in danger if being wasted under writ of execution or
or dissipated or materially preliminary attachment, or
injured, and its value is otherwise placed under
probably insufficient to custodia legis, or if so
discharge the mortgage seized, that it is exempted
debt, / that the parties have from such seizure.
so stipulated in the contract
of mortgage. 4. The actual market value of
the property.
3. After Judgement, preserve
the property during the
pendency of an appeal, or to
dispose of it according to
Judgement, or to aid
execution when execution
has been returned
unsatisfied or the judgement
obligor refuses to apply his
property in satisfaction of
the judgement, or otherwise
 to carry the judgement into
effect.
4. Whenever in other cases it
appears that the
appointment of a receiver is
the most convenient and
feasible means of
preserving, administering,
or disposing of the property
in litigation.
Rules on Primary & It is settled that appointment of a Upon receiving such order, the A copy of the application and all
contemporaneous Service of receiver ex parte or without notice sheriff must serve a copy thereof on supporting documents shall be
Summon to the other party who has prima the adverse party, together with a served upon the adverse party, who
facie right to the possession of the copy of the application, affidavit shall have five (5) days to comment
property is one of the most drastic and bond, and must forthwith take thereon unless a different period is
actions known by law or equity and the property, if it be in the fixed by the court upon his motion.
should be exercised with great possession of the adverse party, or The comment shall be verified and
caution, and only where great his agent, and retain it in his shall be accompanied by affidavits,
emergency or imperative necessity custody. If the property or any part depositions or other authentic
requires it. In the absence of thereof be concealed in a building documents in support thereof.
existence of emergency or or enclosure, the sheriff must
indicating that irrepealable loss will demand its delivery, and if it be not After the comment is filed, or after
be occasioned unless a receiver is delivered, he must cause the the expiration of the period for its
immediately appointed, it is error building or enclosure to be broken filing, the application shall be set
for the court to appoint a receiver open and take the property into his for hearing not more than three (3)
without notice. possession. After the sheriff has days thereafter. The facts in issue
taken possession of the property as shall be proved in the same manner
herein provided, he must keep it in as is provided for evidence on
a secure place and shall be motions.
 responsible for its delivery to the
party entitled thereto upon
receiving his fees and necessary
expenses for taking and keeping the
same.
Who may grant? By the court where the action is Only the court where the action is Court of origin and appellate court.
pending or by the CA, or a member pending
thereof or by the SC, or a member
thereof.

How is it granted? File verified application and File affidavits and applicant’s File verified application
applicant’s bond; application may bond.
also be included in initiatory
pleading in actions for foreclosure
of mortgage
Requisites for Applicant has interest in the Applicant is the owner of the Affidavits, depositions or other
granting/Procedure property or fund, subject matter of property claimed or is entitled to documents should show, at least
the action or proceeding; Property the possession of the same. provisionally that the applicant is
or funds is in danger of being lost Property is wrongfully detained by entitled to receive support
or removed or materially injured; the adverse party; and Property is
Appointment of receiver is the most wrongfully detained by the adverse
convenient and feasible means of party; and Property is not distrained
preserving, administering or or taken for a tax assessment or a
disposing of the property in fine pursuant to law.
litigation.
Does it require posting of a bond Bond executed to the adverse party Bond executed to the adverse party No bond required.
in the amount fixed by the court to in double the value of the property
cover the costs which may be or the return of the property to the
adjudged to the adverse party and adverse party if such return be
 all damages that he may sustain by
reason of the granting of
provisional remedy prayed for, if
the court shall finally adjudge that
the applicant was not entitled
thereto.
Effectivity of the Writ

How is the writ discharged or By counter-bond: Party against By counter-bond: Party against When the judgment or final order
dissolved? whom the provisional remedy is whom the provisional remedy is of the court finds that the person
availed of may move for the availed of may move for the who has been providing support
discharge of the provisional remedy discharge of the provisional remedy pendente lite is not liable therefor,
granted by filing a counterbond in granted by filing a counterbond in it shall order the recipient thereof to
an amount equal to that fixed by the an amount equal to that fixed by the return to the former the amounts
court to the value of the property if court to the value of the property if already paid with legal interest
with respect to a particular property with respect to a particular property from the dates of actual payment,
to secure the payment of any to secure the payment of any without prejudice to the right of the
judgment that the adverse party judgment that the adverse party recipient to obtain reimbursement
may recover in the action. may recover in the action. in a separate action from the person
legally obliged to give the support.
Should the recipient fail to
reimburse said amounts, the person
who provided the same may
likewise seek reimbursement
thereof in a separate action from the
person legally obliged to give such
support.