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Codal Rehash - Provrem

This document discusses various provisional remedies under Philippine law including preliminary injunction, affidavit, judgment, interlocutory, possession, replevin, preliminary mandatory injunction, and protection orders. It also discusses the requirements for injunctive relief under Section 3 of Rule 58 of the Rules of Civil Procedure, namely that the applicant must be entitled to relief demanded and such relief consists of restraining or requiring an act, the act complained of may work injustice during litigation, or a party is violating applicant's rights. The document then analyzes a hypothetical case of an applicant X seeking injunctive relief but finding that X did not establish any of the grounds for issuance of a preliminary injunction.

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Katherine Jane Unay
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580 views

Codal Rehash - Provrem

This document discusses various provisional remedies under Philippine law including preliminary injunction, affidavit, judgment, interlocutory, possession, replevin, preliminary mandatory injunction, and protection orders. It also discusses the requirements for injunctive relief under Section 3 of Rule 58 of the Rules of Civil Procedure, namely that the applicant must be entitled to relief demanded and such relief consists of restraining or requiring an act, the act complained of may work injustice during litigation, or a party is violating applicant's rights. The document then analyzes a hypothetical case of an applicant X seeking injunctive relief but finding that X did not establish any of the grounds for issuance of a preliminary injunction.

Uploaded by

Katherine Jane Unay
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CODAL REHASH IN REMEDIAL LAW (PROVISIONAL REMEDIES)

1. PRELIMINARY INJUNCTION

2. AFFIDAVIT

3. JUDGMENT

4. INTERLOCUTORY

5. POSSESSION

6. REPLEVIN

7. POSSESSION

8. PRELIMINARY MANDATORY INJUNCTION

9. 6 MONTHS

10. AFFIDAVIT

11. 120 DAYS

12. SHERIFF

13. COURT OF ORIGIN

14. EXECUTION

15. COUNTERBOND REDELIVERY

16. FIXED MANDATORY

17. BPO (BARANGAY PROTECTION ORDER)

18. TPO (TEMPORARY PROTECTION ORDER)

19. PPO (PERMANENT PROTECTION ORDER)

20. COURT OF APPEALS

21. 20 (TWENTY)
22. SC (SUPREME COURT)

23. STATUS QUO ANTE LITEM

24. CITY ILO-ILO CITY

25. TRO (TEMPORARY RESTRAINING ORDER)

26 – 30. NO, X IS NOT ENTITLED TO INJUNCTIVE RELIEF. ACCORDING TO SEC. 3, RULE 58 OF THE
RULES OF CIVIL PROCEDURE, INJUNCTIVE RELIEF MAY ONLY ISSUED IN THREE INSTANCES:

A. APPLICANT IS ENTITLED TO THE RELIEF DEMANDED, AND THE WHOLE OR PART OF SUCH
RELIEF CONSISTS IN RESTRAINING THE COMMISSION OR CONTINUANCE OF THE ACT/S
COMPLAINED OF, OR IN REQUIRING THE PERFORMANCE OF AN ACT/S, EITHER FOR A LIMITED
PERIOD OR PERPETUALLY;

B. THE COMMISSION, CONTINUANCE OR NON-PERFORMANCE OF THE ACT OR ACTS


COMPLAINED OF DURING LITIGATION WILL PROBABLY WORK INJUSTICE TO THE APPLICANT; OR

C. A PARTY, COURT, AGENCY OR A PERSON IS DOING, THREATENING, OR IS ATTEMPTING TO


DO, OR IS PROCURING OR SUFFERING TO BE DONE, SOME ACT/S PROBABLY IN VIOLATION OF
THE RIGHTS OF THE APPLICANT RESPECTING THE SUBJECT OF THE ACTION OR PROCEEDING.
AND TENDING TO RENDER THE JUDGMENT INEFFECTUAL.

HERE, X WAS NOT ABLE TO ESTABLISH ANY OF THE ABOVEMENTIONED GROUNDS FOR THE
ISSUANCE OF PRELIMINARY INJUNCTION.

HENCE, X IS NOT ENTITLED TO THE ISSUANCE OF INJUNCTIVE RELIEF.

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