Provisional remedies are temporary measures a court may grant during the pendency of a main action to preserve rights, prevent injury, or ensure that a future judgment can be satisfied. They are ancillary to the main case, not standalone actions. There are five principal provisional remedies. Preliminary attachment allows the seizure of the defendant's property at the start of or during the case, to secure a judgment, in the grounds the rules specify (such as fraud in incurring the obligation, or the defendant being about to depart or dispose of property to defraud creditors). Preliminary injunction (and the temporary restraining order) commands a party to refrain from, or to perform, a particular act, to preserve the status quo and prevent irreparable injury. Receivership places disputed or endangered property under a court-appointed receiver to preserve it. Replevin (delivery of personal property) allows a party claiming a right to specific personal property to recover its possession pending the case. Support pendente lite provides provisional support to a spouse or child while a support, annulment, or similar case is pending. These remedies generally require an application, often a bond, and grounds under the rules, and they are granted with caution because they affect a party before final judgment. Choosing the right provisional remedy can protect a party's interests during litigation.
Temporary Reliefs During a Case
Provisional remedies are temporary measures granted during a case to preserve rights, prevent injury, or secure a judgment. They are ancillary, not standalone.
The Five Remedies
- Preliminary attachment — seize the defendant's property to secure a judgment;
- Preliminary injunction / TRO — command a party to do or not do an act, to preserve the status quo;
- Receivership — place disputed property under a court receiver;
- Replevin — recover specific personal property pending the case; and
- Support pendente lite — provisional support during a support/annulment case.
Requirements
They generally require an application, often a bond, and grounds under the rules, and are granted with caution because they affect a party before final judgment.
Practical Takeaways
- Provisional remedies protect a party during litigation;
- The five: attachment, injunction, receivership, replevin, support pendente lite;
- They need grounds and often a bond, and are granted cautiously.
Frequently Asked Questions
What are provisional remedies? Temporary measures a court may grant during a case to preserve rights, prevent injury, or ensure a future judgment can be satisfied. They are ancillary to the main action, not standalone.
What are the five provisional remedies? Preliminary attachment, preliminary injunction (and TRO), receivership, replevin (delivery of personal property), and support pendente lite.
What is preliminary attachment for? To seize the defendant's property at the start of or during the case to secure a judgment, on grounds such as fraud in incurring the obligation or the defendant disposing of property to defraud creditors.
Do provisional remedies require a bond? Often yes. They generally require an application, grounds under the rules, and frequently a bond, and are granted with caution because they affect a party before final judgment.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.