Scribd
Upload
31 views3 pages

PROVREM Recordings Transcript

The document discusses receivership and replevin as provisional remedies. It covers the general powers and limitations of receivers, as well as the grounds for appointing and terminating a receivership. It also discusses the nature of replevin suits as possessory actions and the requirements for a writ of replevin, including the necessary affidavit and bond.

Uploaded by

p95
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
31 views3 pages

PROVREM Recordings Transcript

The document discusses receivership and replevin as provisional remedies. It covers the general powers and limitations of receivers, as well as the grounds for appointing and terminating a receivership. It also discusses the nature of replevin suits as possessory actions and the requirements for a writ of replevin, including the necessary affidavit and bond.

Uploaded by

p95
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

RECEIVERSHP

- It is to prevent the property from being dispose of and protection of the


rights as parties are concerned
- Parties: receiver is not an agent or representative of the plaintiff nor the
respondent
- GENERAL POWERS OF A RECEIVER: (10)
- Atty is particular with funds. By order of the court and with the consent
of the parties,
- SUBJECT TO THE CONTROL OF THE COURT TO WHICH THE
PROCEEDING OR ACTION
- When it comes to funds, the receiver cannot invest the funds without the
direction of the court and the written consent of the parties
- WHAT ARE THE LIMITATIONS AS TO THE RIGHT OF THE RECEIVER TO SUE
OR BE SUED WITH REGARD TO THE SUBJECT PROPERTY??
- Section 6 of Rule 59 => with leave of court
- LIABILITY FOR REFUSAL TO DELIVER THE PROPERTY TO RECEIVER:
1) Contempt
2) Liable to the receiver for the money or the value of the property and
other things so refused or neglected to be surrendered
3) Damages
- Termination: “motu proprio”
- Does it mean to say that the Court can terminate the function of the receiver?
NO. Motu propio means that the Court can determine even without the
motion from the parties whether the receiver is to be terminated or not. But
as to the actual termination of the receiver, there must be notice and hearing.
- Appointment of a receiver requires notice and hearing
- CRIMPRO: RIGHT TO BE FORGOTTEN
- Section 9 (Judgment includes judgment against sureties)
- It must be in the same case and with the court having the jurisdiction at the
time of application in accordance with Section 20 of Rule 57
- ADVENT CAPITAL & FINANCE CORP. vs. ROLAND YOUNG => either in the
trial court or during the appeal
- NATURE OF RECEIVERSHIP: (Tantano vs Espina-Caboverde)
- It a harsh remedy which can only be granted when there is a clear showing of
necessity.
- What are the grounds for the termination of receivership?
- Can an action for receiver be filed as a main action?
- Who is a receiver?
- Suppose there is a judgment already, can the court appoint a receiver? YES
- Section 14, Rule 57
- PROPERTY IN CUSTODIA LEGIS: When it comes to separate action, the mere
filing of the separate action does not stop the enforcement of the writ of
execution.
- The separate action filed by a third person to vindicate (PRELIMINARY
INJUNCTION)
- Q: INJUNCTION, two courts: RTC trying the main case and one court trying a
separate action involving one of the remedies of a third person. Will it
destroy the doctrine of judicial stability when you ask for injunction you are
trying to enjoin the RTC a co-equal body? No. it is an exception. There is no
distraction as to the doctrine of judicial stability. In fact, the injunction will lie
to the writ of execution of the writ of attachment??
- When you file a separate action as one of the remedy of a third person on
account of wrongful attachment of the sheriff, it should be accompanied with
a prayer for temporary restraining order or a writ of preliminary injunction.
Why? In order to restrain the sheriff from enforcing the writ of execution

REPLEVIN
- Recovery of possession of real property
- Nature of the replevin suit: possessory action
- What is the purpose of the possessory action?
1. To protect the plaintiff’s interest in the property
2. To prevent the defendant from damaging, or destroying or disposing the
property during the pendency of the action
- What is the main action? Recovery of possession over personal property
- Jurisdiction over the replevin suit. RTC or MTC depending on the
jurisdictional amount.
- As long as the main action is cognizable with the MTC for example, the first
court can issue an writ of replevin
- SMART Communication vs Astorga => about the nature of replevin, there was
a labor case and a case involving a vessel with the RTC. Supreme Court:
Despite the fact of the pendency of the labor case involving the plaintiff and
the respondents involving the right to strike and right to picket, the replevin
is cognizable with the RTC and not the labor court. It is beyond the
competence of the labor tribunal to rule on the validity or invalidity of the
writ of replevin. The issue of the possessory action is with the appropriate
trial courts and not with the labor tribunals.
- CHARACTERISTICS OF A WRIT OF REPLEVIN: WHICH IS IN THE
NATURE OF POSSESSORY ACTION
- Section 1, Rule 60 TIMELINE
- MIDTERMS: State the timeline in so far as this provisional remedies are
concerned.
- Timeline: At the commencement of the action or before answer (before
service)
- After answer: apply for preliminary attachment
- Section 2: Affidavit and bond
- Application must follow the conditions set under Section 2
- Conditions (O-W-A-A)
1. The applicant is the owner of the property claimed or entitled to an
equitable title
2. That the property is Wrongfully detained by the adverse party
3. That the property is not held under tax assessment (Pagkalinawan vs.
Gomez => If the property is under custodial egis, you cannot ask for a
writ of replevin)
4. The actual value of the property
- Bond: double the value of the property why? Because you remove the
property from the defendant and later on it is found that the defendant is the
rightful owner of the property.
- Writ of replevin is irregular and unconstitutional because the Constitution
provides that no person shall be deprived of property without due process of
law.
- Question: Is prior demand an essential requisite before any action for
replevin against the defendant. NO because there is nothing in the rule where
it provides that prior demand is a prior demand. What about in oblicon?? Not
applicable in replevin.
- A party could be a plaintiff or defendant in his counterclaim
- Kabatingan vs BPI Feb 17, 2016 => reiterated Navarro vs Hon. Escobido
(2009)
- Section 3 Affidavit and Bond
- Before the writ, the court will issue an order in granting the writ

You might also like