May 01, 2019 The power of the RTC to dismiss the appeal is limited only in the

instances specified in Rule 50, section 1.

Rule 48: Preliminary Conference Q: What are those two instances?
A: (1) It was filed out of time (2) docket fee was not paid
-may be availed of in the exercise of CA’s original jurisdiction or
appellate jurisdiction
If it is a wrong remedy, it is not for the RTC to say it. It’s for the
-it is the CA that calls for a preliminary conference, it’s basically appellate court to say it. So kunware ang desisyon ng RTC, adverse,
the pre-trial conference nag-file ngayon si defendant ng notice of appeal and the
defendant says that the decision of RTC is being appealed to the
Rule 49: Oral Argument CA on pure questions of law.
-The CA, upon the motion of a party, may move for oral
Q: Can the RTC dismiss it?
arguments. Unless authorized by the Court, only one counsel may
A: If you follow the case of Philippine Bank vs CA, the answer is
argue for a party. Unlike the procedure in the lower courts, when
no. Because there are only 2 instances where the RTC can dismiss
you file a motion, please do not put a notice of hearing. Hindi
the appeal outright:
kayo ang nag-seset ng hearing sa CA. You just have to wait for CA
(1) failure to file the NOA within the reglementary
to require you to do what is next. But the rules provide that the
period
adverse party may file his objection at least five days from
(2) failure to pay the docket fees
service of the said motion. The hearing therefore on the motion
is discretionary.
Rule 51: Judgment
Rule 50: Dismissal of Appeal
The judgment shall be rendered by the members of the court who
- Note that the grounds for the dismissal of an appeal are participated in the deliberation of the merits of the case before
directory, not mandatory. It is not ministerial on the part of the it’s assigned to a member for the writing of the decision. The
court to dismiss the appeal. The enumeration listed in section 1 is unanimous vote of 3 justices shall be required for the
not exclusive, because there are other grounds when appeal may promulgation of the judgment. If there is no unanimity, the clerk
be dismissed: should enter the vote for the dissenting justices. ‘Pag hindi
unanimous ‘yan, ang mangyayari, kukuha ng 2 justices that will
(1) by agreement of the parties, the parties can move temporarily sit in the division. Then, majority wins. So to be a
for the dismissal of the appeal binding judgment, the judgment should be duly signed and
(2) where the appeal has been rendered moot and promulgated during the incumbency of the justice or judge who
academic signed it. The CA in the exercise of its appellate jurisdiction, may
reverse, affirm, modify and may even direct a new trial.
The SC will no longer remand the petition in case of improper
appeal, SC will just dismiss the case. And the dismissal is fatal. Q: Can the CA receive evidence?
Wrong mode of appeal would mean that the decision becomes A: Yes. When in the exercise of its appellate jurisdiction or its
final and executory. original jurisdiction, it can receive evidence and perform all acts
necessary to resolve factual issues. This can be exercised in cases
Withdrawal of an Appeal falling within its original jurisdiction like Rule 47 or in cases of its
exercise of its appellate jurisdiction.
- as a matter of right- anytime before the filing of the
appellee’s brief. But once the appellee’s brief has been filed, Q: When can you say that the judgment has been duly
then it becomes by way of motion promulgated?
A: It is when the judge or the justice already submitted the
D.M. Wenceslao vs City of Parañaque decision to the clerk of court for dissemination to the parties. So
- The non-payment of docket fees and other fees within the prior to the submission to the clerk of court, it is just a draft, it
period is mandatory for the perfection of the appeal. Otherwise, does not have any juridical existence. And because it is a draft, it
the right to appeal is lost. This is because the court acquires can be changed.
jurisdiction over the subject matter (1) if the appeal is filed
within the reglementary period (2) payment of docket fees must The date when the judgment becomes executory is likewise the
be made within the reglementary period. When the docket fees in date of entry of judgment. The date of entry is very important
the appellate court is not paid in full within the reglementary because the date of entry is the date when you can execute the
period, the decision of the trial court becomes final and executory judgment. Because when you have date of entry, that means the
and therefore becomes immutable and no longer susceptible to decision is already final and executory. It is not a matter of
the appeal. Once a decision has ttained finality, not even the SC— entering it in the book of entries.
as a general rule—can change the decision.
In original actions before the CA, its way (??) [17:48] of execution
Philippine Bank of Communication vs CA shall be accompanied by a certified true copy of the entry of
- here the RTC denied the notice of appeal because it was the judgment or final resolution and addressed to the appropriate
wrong remedy to assail the dismissal of the appeal. officer for its enforcement. In appealed case, where the motion
Q: Does the trial court have the authority to dismiss the appeal? for execution is pending appeal before the CA, the CA can only act
A: No. on it if the records area already elevated to the court. Remember
Rule 39 section 1, when the CA has already decided the case in
the exercise of its appellate jurisdiction, and there’s an entry of Q: Is the SC bound by the doctrine of Stare Decisis?
judgment, you don’t have to wait for the records to be returned to A: No. Because the SC is constitutionally empowered to reverse,
the lower court. All you have to do is get a certified true copy of affirm decisions.
the judgment and an entry of judgment coming from the CA and
attach it to your motion for execution when you file it before the Law of the case is different. Law of the case applies when there is
lower court. And the lower court can act on it even if the records a decision between the same parties. Law of case is defined as an
have not yet been returned to the court of origin. opinion delivered on a former appeal. And if the factual
circumstances will not change, that decision rendered in the
Aklan College Inc. vs Enero former appeal shall be the controlling rule between the same
As a rule, a party who did not appeal cannot obtain affirmative parties in the same case whether the said decision is correct or
relief. Anong ibig sabihin nun? If I filed a case against Joshua and not so long as the facts on which the decision is predicated
Joshua won, he appeals the case. He, because he appealed, can ask continue (??) [28:51] with the facts of the case before the court.
for an affirmative relief. He may ask the decision be reversed and So as I said, if I filed a case against Joshua, he files a motion to
that his claim for damages be acted upon by the court. dismiss on the ground of improper venue- denied. MR-denied. So
Meanwhile, I did not appeal. I was awarded 1M by way of Joshua have to file an answer and then in the answer he raised by
exemplary damages. When he appealed and he filed his way of affirmative defense; improper venue. Meanwhile, after he
appellant’s brief, when I file my appellee’s brief, I cannot ask the filed the answer, he filed a petition for Certiorari under Rule 65
court to increase my monetary award. My only purpose in filing before the CA assailing the denial of his motion to dismiss-
the appellant’s brief and my main objective is for the court to denied. In-appeal pa n’ya sa SC under Rule 45- petition dismissed.
sustain the ruling of the lower court. I cannot ask an affirmative Now, because there’s already a final ruling, on the issue of
relief ( e.g. that 1M be raised to 10M) because I did not appeal. So improper venue, even if I raise that in my answer, I can no longer
an appellee cannot ask for an affirmative relief. That is the litigate on that, I can no longer assign it as one of the errors.
general rule. Because the controlling legal principle as far as that case is
concerned, it is already decided by a higher court that the ground
Go vs CA of improper appeal is wrong. And that is the principle of Law of
It is the appeal taken by one of the parties against the other that the case.
gives the court jurisdiction over said parties. Therefore, the
appellate court cannot acquire jurisdiction over persons who are Philippine Hawk Corp. vs Lee
neither appellants nor appellees. Ano’ng nangyari sa kaso na’to? Q: What are the questions that may be decided by the appellate
Plaintiff v Defendant, defendant became a third party plaintiff court?
and then sued a third party defendant. Ang natalo, si Plaintiff, so A: Sec. 8, Rule 51
si Plaintiff ang nag-appeal. Meanwhile, defendant did not appeal
his third party complaint. Eh nung appeal nanalo si Plaintiff. The appellate court, as a general rule, can only resolve matters
that were assigned as errors. If a part of the decision was not
Q: Can the court now issue an order that would affect the third assigned by the appellate court as an error committed by the trial
party defendant? court, then the appellate court does not have jurisdiction to
A: No. Because of the failure of the defendant to even appeal the change the ruling of the lower court. But there are situations
decision and bring in the third party defendant as an appellee, when even if it’s not an assigned error, the CA or SC can rule on
then the decision becomes binding only to the appellant and the unassigned errors, example:
appellee because the court did not acquire jurisdiction over the (1) Jurisdiction over the subject matter
third party defendant below. And therefore it cannot render a (2) Those unassigned errors that are closely related
judgment that would affect the third party defendant because it from the assigned errors may be ruled
would be violative of due process. upon by the court

Natalia Realty vs CA The appellate court is clothed with ample authority to review
Q: Before we can move for execution of a final judgment matters even if they are not assigned as errors in the appeal if it
rendered by an appellate court, do you need to wait for an entry finds in their consideration that it is necessary in arriving at a
of judgment? just decision of the case.
A: As a general rule, yes. You have to wait for the judgment to
attain finality. You have to wait for the court to issue an entry of Rule 52: Motion for Reconsideration
judgment so that you can have the same executed but the
exception to the rule is provided by Rule 51, Section 11. So if the Q: Can you file a Motion for Reconsideration (MR) before the CA?
judgment of the appellate court says that it is immediately A: Yes. And the period of time is 15 days from your receipt of the
executory, you don’t even have to wait for the court to issue an adverse judgment. You cannot file a second motion for
entry of judgment. reconsideration before the CA.

Mercury Drug vs Home Development Fund Q: But can you file a second motion for reconsideration before
-is a discussion of the law of the case doctrine. the SC?
Q: What is law of the case? Is it the same as stare decisis? A: It is not a matter of right. So as held in one of the cases, there
A: No. Stare decisis involves another case involving other persons was a decision rendered by the SC. And then when it was decided
and if you’re similarly situated you can invoke that case of which by the SC, there was MR filed- denied. And then there was a
you are not a party as it has been decided by the SC. motion to admit second MR that was filed. Before the SC could
even resolve the motion to admit second MR, the SC already
issued an entry of judgment. The other party wanted to recall the (4) The new evidence presented is merely
entry of judgment because there is a pending motion to admit corroborative / cumulative hence it will not alter
second MR. The motion to admit second MR was granted. But the decision of the case
what did the SC say? The entry of judgment will run as a matter
of course when there is no appeal. What then is the remedy? File Navarra vs CA
a motion to recall the entry of judgment. Or ask SC to issue a writ There are only two situations where the court can grant MNT: (1)
of preliminary injunction to stay the execution. before the trial court (Rule 47) (2) before the CA (Rule 53). You
do not file MNT before the SC.
So what is clear is this; only one MR, but the SC may grant and
allow a second MR to be filed. “May” it’s not a demandable right. Cuenca vs CA (one of the exceptions)
Q: Why does the SC allow that? The accused was convicted of estafa. Conviction affirmed by the
A: Because it is the court of last resort CA. Conviction affirmed by the SC. But the accused filed MNT
alleging that actually the president of the company was the one in
The pendency of an MR, as a rule, shall stay the execution of the charge. Despite the fact that the evidence is supposed to have
judgment unless the court directs otherwise. The motion should existed already when the case was filed, still the SC, because
not contain a notice of hearing if you file an MR before the CA and there was no objection from the OSG, remanded the case to the
SC. lower court for further presentation of evidence and set aside the
decision of conviction.
Rule 53: New Trial
Internal publication of judgments and final resolutions, decisions
Q: Can you file a Motion for New Trial (MNT) before the CA? of the CA and SC have to be published.
A: Yes. You can file an MNT before the CA at any time after the
appeal from the lower court has been perfected and before the Rule 56: Original / Appealed Cases
CA loses jurisdiction over the case. But your ground should be
newly discovered evidence which could not have been A.M. No. 10-3-7-SC (Re: proposed rules on E-filing)
discovered prior to the trial with the court below despite due - when you file a pleading before the SC, it must be accompanied
diligence, and which would probably change the result. Because if by a disc or a flash drive.
your evidence is merely cumulative (same type of evidence) or
corroborative (of different nature but proves the same point) it A.M. No. 11-9-4-SC (Re: Rule for the efficient use of paper)
will not alter the decision. It has to be evidence that is newly -there are measurements: single-space, 14
discovered that would probably change the result. And the
evidence (??) [44:03] should be accompanied by affidavits Q: With respect to Rule 56, what are the original cases cognizable
showing the facts constituting the grounds therefor and the by the SC?
newly discovered evidence. A: Petitions for Certiorari, Prohibition, Mandamus, Quo
Warranto, Habeas Corpus, even RTC and CA have concurrent
The CA shall consider the new evidence together with that jurisdiction with these cases. But please do not forget your
adduced to the trial below and may grant a new trial. This is one Hierarchy of Courts rule.
instance where the CA may receive evidence even in appealed
cases. Remember that the CA in the exercise of its appellate or Q: What are the other original cases cognizable by the SC?
original jurisdiction can receive evidence because the CA is also a A: Disciplinary proceedings with the member of the bar and
court that can try facts. It is only SC that cannot try facts. bench, cases affecting ambassadors

Q: Can the SC, in Rule 45, evaluate the evidence below? Q: What is the mode of appeal?
A: As a general rule, no. But there are exceptions. If I file a A: An appeal with the SC may be taken only via Petition for
petition before the CA, of a petition for the issuance of a writ of Review on Certiorari except in criminal cases where the penalty
amparo- denied and I brought it up to the SC via Rule 45, can I imposed is death, reclusion perpetua or life imprisonment.
raise factual issues? Yes. When you appeal via rule 45, you can
raise factual issues. By law, the SC is allowed to resolve factual The appeal should be governed by and disposed of in accordance
issues. with the applicable provisions of the constitution, laws. The
appeal before the SC may be dismissed motu proprio or on a
Heirs of Montinola vs CA motion by the respondent for the following grounds:
The MNT here is not substantial compliance with Rule 53. The (1) failure to take an appeal within the reglementary
affidavit of the witness was already presented during the hearing period
is hardly sufficient to justify the MNT. (2) lack of merit
(1) Because the evidence was already present at the (3) failure to pay the requisite docket fees and other
time he presented the case lawful fees
(2) Because the alleged new witnesses were all (4) failure to comply with the requirements of proof of
unnamed service
(3) And the allegations in the affidavit are merely (5) error on the choice or mode of appeal
conclusions of law and not statement of
facts When it is Notice of Appeal:
- MTC  RTC
- RTC acting on its original jurisdiction to the CA
- no certificate of non-forum shopping needed (5) cases involving the CSC, COMELEC and COA
- title: Appellant vs Appellee (6) cases where the penalty is one of dismissal of a judge, officer
- period to appeal: 30 days (for cases involving multiple of the judiciary, disbarment of a lawyer
appeals) (7) cases where a doctrine or principle will now have to be
- as a general rule: stays the execution, but there are modified or reversed
exceptions (8) cases assigned in a division in which the opinion of at least 3
- you cannot extend your period to file Notice of Appeal members thereof merit the attention of the court en banc
(same with Rules 42,43,45) (9) all other cases of the court en banc by vote of majority may be
- based on mixed questions of fact and law deemed of sufficient importance to merit its attention
- records are elevated to the appellate court

Q: Where do you file the notice of appeal?

PROVISIONAL REMEDIES
A: file it with the court of origin
- temporary remedy
- available during the pendency of the action of the litigant to
Q: Where do you pay the docket fee?
protect his rights and interests for the purpose of the
A: pay it with the court of origin
ultimate effects of a final judgment
- because it is only ancillary, if the court does not have
Petition for Review (Rules 42, 43, 45):
jurisdiction over the main case, then it follows that it does
- You file the petition with the appellate court, you pay the
not have jurisdiction to issue the temporary remedy
docket fee with the appellate court
- GR: even in inferior courts, the MTC can grant all provisional
- certificate of non-forum shopping is required
remedies provided that the main action is in its jurisdiction
- title: Petitioner vs Respondent
- period to file: 15 days regardless of the nature of the action
Q: The only provisional remedy that cannot be granted by the
- Rule 42- stayed execution except those decided under the
MTC
Rules of Summary Procedure
A: Support pendente lite, it’s only the RTC, acting as a family
- Rule 43- the appeal to the CA, as a general rule, is not stayed court, that can act on original complaint for support
- Rules 42, 43- based on mixed questions of fact or law or
both Q: When can the remedies be availed of?
- Rule 45- always questions of law A: -Preliminary attachment and preliminary injunction may
- you can file a motion in the reglementary period and upon be availed of at any stage but before entry of final judgment,
payment of the filing fee a motion for extension of time to which means if it’s appealed, you can ask for the issuance of
file the physical petition. But you have to do it within the WPA/ WPI
reglementary period - Receivership may be availed of at any stage of the action
- records are not elevated unless required by the appellate and can even be availed of after final judgment (Rule 39,
court Section 41)
- when you file a petition for review, you have to copy furnish - Writ of Replevin must be availed of before the defendant
files his answer
even the courts below and of course with the adverse party.
- Support pendente lite- any stage, even for the first time on
appeal
Except as provided therefor in section 3, rule 122, regarding
appeals in criminal cases where the penalty imposed is death,
reclusion perpetua or life imprisonment, an appeal taken to the Rule 57: Preliminary Attachment
SC by notice of appeal shall be dismissed. Because the proper
mode is Rule 45 and there are no factual issues. (01: 24: 56) case??
-The SC said when the RTC lost its jurisdiction over the main case,
If the original action commenced in the SC, if the opinion is it necessarily follows that it no longer has the authority to rule on
equally divided, the petition will be dismissed. If the opinion of all ancillary matters. Therefore, following the ruling, since the
the court is equally divided, the decision on appeal is affirmed. On nature of a preliminary attachment is a matter that cannot be
all incidental matters, the petition or motion shall be denied. subject of a separate action because it is dependent on a real
action, if the main action is no longer within the jurisdiction of
Q: You have an adverse decision from the SC, can you file a the trial court, then the trial court cannot issue a provisional
motion for reconsideration with the prayer that it should be remedy. Being merely ancillary to a principal proceeding, the
heard by the SC en banc? attachment must fail because it cannot be maintained as a
A: No. The SC will decided whether that case will be heard by the separate suit because there is no more main suit. So where the
en banc or not. main action is appealed and the attachment which has been
issued is an incident to that action, it is also considered as
Q: When are cases decided by the en banc? appealed and removed from the jurisdiction of the lower court.
A: (1) cases where it involves the constitutionality of law or Hindi s’ya kasama sa residual jurisdicition.
treaty
(2) criminal cases especially when the appealed decision involves Q: What is the purpose of WPA?
death A: (Sec. 1, Rule 57) “at the commencement of the action” (Davao
(3) cases raising novel questions of law Light case) means the filing of the complaint. “Before entry of
(4) cases involving ambassadors, other public ministers and judgment”, what does that mean? It is possible that you can file
consuls for the issuance of WPA even on appeal. “The plaintiff or any
proper party”- it is not only the plaintiff who can ask for the Rule 57, Sec. 1 (b) In an action for money or property embezzled
issuance of WPA, the defendant, insofar as his counterclaims are or fraudulently misapplied or converted to his own use by a
concerned, can ask for the issuance of WPA. “As security for the public officer, or an officer of a corporation, or an attorney, factor,
satisfaction of any judgment” which means the case involves an broker, agent, or clerk, in the course of his employment as such,
unsecured debt. You cannot ask for a WPA when the debt is or by any other person in a fiduciary capacity, or for a willful
already secured. However, you can ask if the security is violation of duty;
insufficient.
Q: When was the first time you came across this particular
Q: Give me examples of a secured debt provision?
A: Real Estate Mortgage, Pledge, Continuing Surety Agreement A: Criminal Procedure- Rule 127. Even in criminal cases, you can
ask for the writ of preliminary attachment.
Q: What is the purpose of WPA?
A: -First, it is to seize the property of the debtor in advance of the Rule 57, Sec. 1 (c) In an action to recover the possession of
final judgment and to hold it for the purposes of satisfying the property unjustly or fraudulently taken, detained or converted,
said judgment when the property, or any part thereof, has been concealed,
-Second, to enable the court to acquire jurisdiction over the removed, or disposed of to prevent its being found or taken by
action by actual and constructive seizure of the property in the applicant or an authorized person
those instances that the personal service of summons on the
debtor cannot be effected. “In an action against a party who This particular provision presupposes that the property is owned
does not reside and is not found in the Philippines, or on by the person against whom the WPA was issued. It is not a
whom summons may be served by publication.” which means, property owned by the plaintiff. Because if the property is owned
under sec. 15 of Rule 14, you can convert an in personam case by the plaintiff then your provisional remedy is replevin and not
to a quasi in rem case by attaching a property. Notice to the WPA.
other party is only by way of complying with the due process
clause but it will not deprive the court from proceeding with Rule 57, Sec. 1 (d) In an action against a party who has been
the case because the court now has acquired jurisdiction over guilty of a fraud in contracting the debt or incurring the
the res. obligation upon which the action is brought, or in the
performance thereof
Rule 57, Sec. 1 (a) -“In an action for the recovery of a specified
amount of money or damages, other than moral and exemplary, There are two kinds of fraud:
on a cause of action arising from law, contract, quasi-contract, (1) dolo causante – incipient fraud, sa beginning pa lang
delict or quasi-delict against a party who is about to depart from (2) dolo incidente- fraud in the performance
the Philippines with intent to defraud his creditors” example:
If I sell to Joshua 100 cases of Mountain Dew but I can only
If your case is purely for moral damages, for example: deliver 75 Mountain Dew na ang laman talaga Mountain Dew. I
I filed a case against Joshua, because when I called Joshua for start calling men para punuin yung mga bote. That’s dolo
recitation, instead of answering, he started shouting at me, incidente, kasi ang dineliver ko sa kan’ya, hindi purong Mountain
besmirching my good reputation, and then started slapping me. Dew.
And then I sued him for moral damages.
On the other hand, if I sell to Joshua Mountain Dew when in the
Q: Can I ask for the issuance of a WPA? beginning talagang wala naman akong Mountain Dew, and I
A: No. Because the damages I seek are all unliquidated damages. asked several men to produce their Mountain Dew then put it in
If it’s pure, unliquidated damages, hindi ka pwedeng humingi ng the bottle, that’s dolo causante. Sa umpisa pa lang, I’m guilty of
WPA over the unliquidated. fraud.

Q: So if there is actual damages, can you ask? So WPA can issue if you can prove dolo incidente or dolo
A: Not necessarily. Because even if it’s actual, the party (the causante but the mere use of the word “fraud” will not give rise to
person against whom you want the preliminary attachment to the issuance of a WPA. Fraud must be alleged and proven.
issue) who is about to depart from the Philippines must have an
intent to defraud the creditors If your complaint’s cause of action is based on fraud, the court
will have to be very careful in issuing a WPA because if you say
When you speak of Rule 57, Sec. 1 (a), (1) it has a specified that fraud is present, it does not necessarily mean that they will
amount of damages, (2) the party is about to depart from the hear your complaint because otherwise, a fraud cannot be
Philippines with intention of defrauding his creditors then that is established in a mere interlocutory proceeding.
going to be a ground. When you speak of Rule 57, Sec. 1 (a), you
cannot just copy this ground and put it on your application, you Rule 57, Sec. 1 (e) In an action against a party who has removed
have to allege fraud with particulars or disposed of his property, or is about to do so, with intent to
Q: How do you apply? defraud his creditors
A: You can incorporate it in your complaint or you have your
complaint and then you file separately for the issuance of a writ Notice that when it comes to a writ of preliminary attachment,
of preliminary attachment you don’t even have to have a period. It is an ex parte hearing or
even under the determination only of the presiding judge. Hindi
mo ‘yan minomotion, kasi pag minotion mo s’ya, then the other
party will know that you are running after their properties, their Stages of the issuance of the writ
immediate reaction is to hide their properties. 1) you file your complaint
2) you apply for the issuance of WPA
There is no hearing. Hearing can be dispensed with. You can just -either you incorporate it in the complaint or in a
rely on the application and the supporting documents. separate application
3) affidavit in support of the application
Rule 57, Sec. 1 (f) in an action against a party who does not reside 4) affidavit + application will be considered by the judge. No
and is not found in the Philippines, or on whom summons may be hearing and no notice to the other party
served by publication. 5) court grants your application, so there’s now an order granting
your application for the WPA. Yan ba yung writ? Hindi
After reading all these grounds, it is very clear that insolvency is pa.
not a ground for the issuance of WPA. 6) The applicant will post a bond, pursuant to the order of the
court granting the application
Q: What is insolvency? 7) Writ of Preliminary Attachment will be issued
A: Liability is more than the assets. 8) The writ will now be implemented.
9) And when you implement the writ, you are supposed, as a
Tsuneishi Heavy Industries vs MIS Maritime Corp. general rule, to comply with the contemporaneous
There was a ship that was sent for repair. Hindi nagbayad yung service of summons. It can be before or
may-ari ng ship. The one who repaired the ship now asked for a contemporaneous which means
maritime lien, but in so doing, he asked for a preliminary
attachment. Is the plaintiff correct? Kasi sabi n’ya, that’s the way reason:
to enforce a maritime lien. The answer is no. a) complaint- because you have to file an answer
b) summons- because the court have to acquire
Q: What is a lien? jurisdiction over the defendant
A: It is a legal claim or charge on the property, either real or c) complaint- because you have to file an answer
personal, as a collateral or security for the payment of a debt or d) application
obligation. It follows the property wherever the property will go. e) affidavit- to afford the other party the opportunity to
A maritime lien need not be enforced by a WPA. Because a determine whether there is ground or not
maritime lien is created by law. ‘Pag hindi ka nakapagbayad sa f) order granting the WPA
iyong pina-repair na ship, automatic ‘yan, mayroong maritime lien g) bond
yung nag-ayos ng barko. And how will it be enforced? You just sell h) WPA
the ship and the proceeds of which will be used to pay the debt. All of them will have to be served to the defendant.

Preliminary attachment is also a lien but it is not automatically Three stages of the issuance of the writ
created by law. And WPA can only issue on grounds mentioned 1) Order issued granting the application
under Sec.1 of Rule 57. A Writ of Preliminary attachment is a 2) Writ is issued pursuant to the order
provisional remedy issued by a court where an action is pending. 3) Writ is implemented
In other words, a WPA allows the levy of a property which shall
then be held by the sheriff. The property will stand as security for When it comes to the first two stages, the court need not acquire
the satisfaction of the judgment that the court may render in the jurisdiction over the defendant (Davao Light case). But when
event it goes on full trial. you now implement (third stage) the court must now acquire
first the jurisdiction over the defendant before you can have the
Q: Who can avail the WPA? WPA implemented. So kung contemporaneous service of
A: Any party to the case, it is not only limited to the plaintiff. summons, pwedeng iuna yung service of summons or sabay. Ano
‘yung exception? If the defendant cannot be found in the
The grounds are very specific and exclusive. When the judgment Philippines and is not a resident of the Philippines or when
becomes final and executory, do not ask for a WPA. You ask for summons is to be served by publication. Pwede mo munang i-
the motion for the issuance of a writ of execution. Because the implement or execute yung WPA thereby converting an in
WPA is issued before the judgment, look at your sections 34 & 35 personam case into a quasi in rem case.
Rule 39.
Q: Why do you have to give all these documents?
So anong na-aacquire ng creditor kay judgment debtor? All the A: It’s because of the requirement that when you reach the third
rights of the judgment debtor as of the date the preliminary stage, the summons should precede or be contemporaneously
attachment was executed. It retroacts. So kung walang WPA, edi served.
yung rights lang na na-acquire are the rights existing as of the
time of levy. But if there was a WPA that was issued, then all the The affidavit that must be filed- the applicant must:
rights of the judgment debtor as of the time of the WPA, yun ang (1) personally know the facts, it is not based on hearsay
ma-aacquire ng purchaser. (2) show sufficient cause of action
(3) state the ground, there must be factual basis to invoke the
Property exempt from execution is likewise exempt from ground
attachment. But you have to raise it at the earliest opportunity (4) no other sufficient security for the claim sought to be
otherwise it will be waived. enforced by the action
(5) the amount due to the applicant or the value of the property the court has not yet acquired jurisdiction over the defendant
the possession of which he is entitled to recover is as when the writ was implemented.
much as the sum for this the order is granted above all
legal claims. In other words, dapat sufficient, hindi The basic principles in Rule 39 will apply when it comes to WPA,
pwedeng sobra sobra. And the sheriff is actually in other words, garnishment can be a mode. And garnishment is
required only to take as much property that is sufficient you set aside properties of the defendant which are in the
to satisfy the applicant’s demand. possession of another person.

Pansinin n’yo lahat ng provisional remedies except support, lahat Kunware 1M, anong gagawin ni Sheriff? Magpapadala yan sa mga
yan may bond. But in Receivership, there are three kinds of bangko, so minsan sobra sobra, so what will you do? You file a
bonds. motion to partially discharge the attachment to show that it is
a) applicant’s bond more than the applicant’s debt. Now the garnishee is a forced
b) counter bond intervenor, summons need not be served. So the procedure
c) receiver’s bond mentioned in Sections 9 and 10 in Rule 57 is similar to Sections
36 and 37 in Rule 39. Which means if you cannot find properties
Q: Who determines the bond? of the defendant, what can you do? You can call the defendant
A: The court. At pa’no mo malalaman kung magkano yung bond? and make him disclose or you can call the debtor of the defendant
Nandun sa order granting the application. So the order granting and make him disclose what properties of the defendant he has in
the application is not yet the relief because you still have to post his possession even in the stage of Preliminary Attachment. But
the bond and that’s the reason the second stage is the issuance of notice if the garnishee does not admit the indebtedness, the issue
the WPA of whether or not the garnishee is indebted to the defendant
must be litigated in a separate proceeding. Kasi hindi naman s’ya
Q: What is the provision of the applicant’s bond? kasama dito.
A: will pay all the costs which may be adjudged to the adverse
party and all damages which he may sustain by reason of the Q: So let’s now assume that the WPA was implemented. How can
attachment—damages that is not arose by reason of the you take it out? How can you discharge it?
implementation of the writ of attachment—if the court shall A: (1) The debtor may post a counter bond or can make a cash
finally adjudge that the applicant was not entitled thereto. deposit. Aalisin yung lien, may ipapalit kang security.
(2) You can question it by filing a Motion to Lift or Motion to
So in other words, there must be a finding that it must be stated Quash because the theory is the WPA was improperly or
in the decision that the person against whom the WPA was issued irregularly issued such as there is no ground for the issuance of a
suffered by reason of the attachment. The cost and damages WPA
therefore shall only be those damages which arose from the (3) You can file a motion to discharge only limited to the excess
attachment itself. Hindi pa yung mga ibang cause na in relation to because the attachment is excessive. How else can you discharge
the filing of the complaint. Now, because “there must be a finding a WPA when the property is exempt from execution? So kung in-
in the judgment” anong ibig sabihin nun? Dapat may proof kayo attach yung tatlong carabaos, and the carabaos were used as part
na you suffered damages by reason of the attachment. One step of your occupation, you can have it discharged
backward, you have to allege that, how do you allege it? You (4) A judgment is rendered against the attaching creditor
allege it in your answer and then you prove it during the trial.
Now, if you don’t allege it by away of counterclaim basta ang One way of discharging is for the person against whom the WPA
importante, mag-apply ka. And then later under sec. 20 of Rule was issued is for him to post a counter bond. Remember that the
57, the surety must be informed of the application. applicant’s bond is supposed to respond for damages resulting
from the attachment. A counter bond is supposed to respond for
So generally, the applicant’s bond is made to answer only for the payment of the judgment recovered by the attaching creditor
actual damages but in the case of Calderon, he was really not regardless of the wordings of the bond. Ibig sabihin, ang
entitled. He procured the WPA maliciously. This time, the kondisyon ng counter bond, pambayad yan sa eventual judgment.
applicant’s bond he posted was made liable to even pay for moral Ang applicant’s bond, pambayad yan sa damages suffered by the
and exemplary damages. person against whom the WPA was issued. The counter bond is
supposed to be enough to satisfy the judgment. Kung hindi
Q: How do you attach? sufficient yung counter bond, do not worry, you can still ask for a
A: The procedure is basically the procedure outlined in Rule 39. writ of execution, may ibang properties ka na ngayong
Which means, attachment shall be limited only to so much hahanapin.
property as may be sufficient to satisfy the applicant's demand.
Notice, it is not to satisfy the judgment debt. Now levy shall not Now the counter bond will be given to you if precisely because
be made unless preceded, or contemporaneously accompanied you are not supposed to have an empty victory, if you already
by these documents. have the attachment. So notice the distinction between the
conditions attached to the applicant’s bond and the condition for
Remember the case of Mangila vs CA, the writ was issued on the counter bond, they are different.
September 1997, it was implemented October, a month after. But
the alias summons was served on the defendant January of the Q: Plaintiff v Defendant. I asked for the preliminary attachment, I
following year. So anong una na-implement? Anong sabi ng posted an applicant’s bond. He posted a counter bond. I won. He
Supreme Court? Defective yung preliminary attachment because filed a Notice of Appeal but before the records were transmitted
to the appellate court, I filed a motion for execution pending A: (1) Where the principal case was dismissed because of lack of
appeal. Can I go after the counter bond? jurisdiction of the trial court without giving the other party an
A: Yes. Eh pa’no kung na-reverse ng CA, anong remedy ngayon opportunity to be heard on his claim for damages. Then the other
nung tao na yung counter bond kinuuha? Motion for Restitution. party has no choice but to file a separate action. Remember pag
walang jurisdiction over the subject matter ang trial court, wala
Q: Section 16, Rule 39. The provision on Terceira- the property of ring jurisdiction yung trial court to issue the preliminary
another person cannot be used to satisfy a judgment on another attachment, edi mas lalo rin s’yang walang jurisdiction to claim
person and in section 16, rule 39, it is applicable also to for damages
preliminary attachment. Which means if a property of a person (2) Where the damages was sustained by a third party. What will
who is a stranger is being attached, what are his remedies? apply? The last paragraph of section 16 of Rule 39
A: He files a third party claim showing to the satisfaction of the
Sheriff that that property is not the property of the defendant and Excellent Quality Apparel vs Visayan Surety
in that affidavit, he must show that he is the owner of that When you are going after the applicant’s bond, it is important
property. There should be basis for the claim of ownership. And if that you should notify the surety. The surety must be given an
despite that affidavit, the plaintiff posts a bond, the Sheriff can opportunity to be heard on the matter even in a summary
attach. And what will now be the remedy of the person against manner
whom the WPA was issued? Go after the bond during the period
of 120 days from the posting thereof. Q: What are the requisites in order to (??) (02:40:37) claim
against the applicant’s bond?
So the provisions of Rule 39 is equally applicable to WPA. A: (1) the application for damages must be filed in the same case
where the bond was issued. The general rule is when you file a
Section 20, Rule 57- please know by heart because it is a separate action to claim upon the applicant’s bond
provision that is also applicable in Writ of Preliminary Injunction, (2) such application for damages was made before entry of
Replevin and Receivership. judgment
(3) it can only be granted after hearing with notice to the security
Q: What are the consequences therefore when the attaching
creditor fails to sustain his action and judgment is rendered Uy vs CA
against him? Attachment is a provisional remedy by which a property of an
A: then expect the person against whom the WPA was issued to adverse party is taken in legal custody as a security. It is also a
claim for damages and the provision that will apply is section 20 means by which you can have a security for unsecured debts.
which is claim for damages on account of improper, irregular or Because if the debt is sufficiently secured, you application for the
excessive attachment. Anong ibig sabihin nun? ‘Pag yung issuance of a WPA will be denied.
attachment na-issue, pero hindi naman talaga s’ya improper,
irregular or excessive attachment and it was really (??) Adlawan vs Torres
(02:35:33) as of the time it was filed, on grounds. In other words, Even if the affidavit stated that the defendant is about to depart
he claimed in good faith because that means that he can and is fraudulently concealing, removing, disposing of his
immediately go after the bond posted. properties, if the fraud was not alleged with particularity, it will
be denied. You have to allege fraud specifically and prove it
Q: Where do you file the claim?
A: You file it before the trial or before the appeal is perfected or Philippine Bank vs CA
any time before the judgment becomes executory. Why? Because The WPA cannot be issued in cases of a general averment, it is
(1) the filing should be included in the judgment (2) there should important that you must prove it. So if you just say that there was
be a hearing, such damages will be awarded only after proper an alleged violation of the trust receipt, there is no factual
hearing and shall be included in the judgment of the main case evidence to support it, your application will be denied.

Appellate decision in favour of party against whom attachment Does non-payment of debt immediately give rise to a WPA? In the
was issued claim damages you sustained during the pendency of case of Tee vs Tankiansee, the applicant must be able to prove
the appeal before the appellate court with notice to the attaching and demonstrate that the debtor has intended to defraud the
party and surety and before the judgment becomes final and creditor. So non-payment of debt is not enough to justify the
executory. Your claim must be heard and the claim may be heard issuance of a WPA.
by the trial court
Foundation Specialist vs Betonval Ready Concrete
So even if the judgment was rendered against the attaching For WPA to issue, the fraud must relate to the execution of the
creditor, but he was able to prove that he acted in good faith agreement and must be the very reason which induced the party
when he obtained the WPA, the adverse party cannot recover the into giving consent which he could not have otherwise given.
applicant’s bond.
Q: Let’s say you’re selling an authentic Louis Vuitton bag and I
Q: So what is the general rule? issued a check. So you said “I will part with my LV bag because
A: The general rule is when you claim for damages arising from you said your check is good”. When you deposited the check, the
improper, irregular or excessive attachment, you can only file check was dishonoured, it bounced. At ang nakalagay dun sa likod
that in the same court that issued the attachment. ng check: closed account. You sued me civilly. Are you entitled to
WPA?
Q: What will be your exceptions? A: Yes. I think you are entitled because that will constitute fraud.
Q: What if ang reason ng dishonour is drawn against insufficient Q: What are the requisites for the grant of Mandatory
funds? Preliminary Injunction?
A: It depends. You deposited the check 7 months after it became A: It will be granted only if there is
due, you cannot say that I am guilty of fraud. Pero kung dineposito (a) an invasion of a right that is material and substantial
mo on the day itself, I think you can argue that I am guilty of dolo (b) that right is clear and unmistakable
incidente. (c) it is urgent, paramount and necessary to prevent serious
damage
Rule 58: Preliminary Injunction (d) it will not create a relation between the parties which are
arbitrarily interrupted by the defendant
Q: What is preliminary injunction?
A: It is a judicial writ, process or proceeding whereby a party is Q: Under the law, before your electricity will be cut off because of
ordered to do something or is ordered to refrain from doing a non-payment of bill, you’re supposed to be given a notice of
particular act. Therefore the primary purpose of Writ of disconnection. You’re a law student, you went home to your
Preliminary Injunction (WPI) is to preserve the status quo by house, and you found out that the electricity was cut off without
restraining the action. It is a proceeding in personam. notice, what is your remedy? Can you file a case for damages and
ask the court to issue a writ of preliminary mandatory injunction
Preliminary Injunction can be the provisional remedy or for Meralco to reconnect you?
injunction can be the main action. A: Yes because under the law you have a right to be informed of
the fact that you will be disconnected if you don’t pay. You have a
Q: If I file a complaint for injunction, that is the main action, what right, is there an invasion of that right? Yes, they just
court has jurisdiction to hear and decide the writ? disconnected without even informing you. And therefore,
A: RTC because it is incapable of pecuniary estimation. because there is paramount necessity for you to be reconnected,
and it does not create a new relation between the two of you, it’s
Now for example I filed a complaint for injunction, syempre I will the same relationship, you can ask for the issuance of the writ of
ask for the issuance of a TRO and/or a WPI. Let’s assume there’s a preliminary mandatory injunction.
lot (botanical garden) that is owned by another person and now
starts constructing a building there and because of the Q: When can the writ of preliminary mandatory injunction be
construction, the foundation of this building (main building) was granted?
compromised. Ano ang remedy ko? Kunware ako ang may-ari nito A: It may be granted at any stage of the action, proceeding prior
(main building). ‘Di ba I will have to go to court and ask the court to the judgment or final order. But if you will remember in rule
to stop the construction. And what will I file? An injunction case. 39, to prevent wastage, you can ask for an injunction if the
And because there is grave danger, I will ask for the issuance of a judgment debtor is wasting the property away after the property
TRO and/or a WPI. So you have a preliminary injunction and you has already been sold at public auction.
have a final injunction.

There are 2 kinds of injunction; the WPI and the final injunction. The grant of a WPI can be challenged by petition for certiorari
Q: What’s the difference between the two? under Rule 65 because it is an interlocutory order but an order
A: Preliminary injunction is the one under Section 1, Rule 58. making permanent the WPI can be assailed only by appeal
Which can be granted at any stage of the action prior to the because it is a final judgment.
judgment or the final order. Whereas, a final injunction is the one
granted under Section 9, Rule 58 where it is the one that is issued Ang Kek Chen vs Bello (case under Rule 20)
in the judgment in the case permanently restraining the There was a complaint and it had a prayer for the issuance of a
defendant or making the preliminary injunction permanent. TRO and a writ of preliminary injunction and it was raffled
without informing the other party. Anong sabi ng Supreme Court?
Which means, the preliminary injunction is an interlocutory Violative of the right of the defendant to be informed of the raffle
order and therefore cannot be subject to appeal and therefore of the case because under the rules, once there is a WPI, you have
if you have a remedy you file first the MR and if it’s denied then to inform the other party of the raffle itself. Not just summons,
you may (??) (03:12:32) decision was made with grave abuse of talagang may Notice of Raffle na matatanggap ka, kasi open to the
discretion amounting to lack or in excess of jurisdiction (??) public yang Notice of Raffle.
(03:12:39). A final injunction, because it is a final order, is
therefore appealable. But please take note of sec. 4, rule 39. Di ba Q: What’s the difference between Injunction and Prohibition
kahit na i-appeal mo yan, if the case involves injunction (under Rule 65)?
(receivership, accounting and support), it is immediately A: Injunction is generally directed at a party but prohibition is
executory unless otherwise provided by the appellate court. directed against a Court, tribunal or person exercising judicial or
ministerial powers.
The other way of classifying injunction is preventive injunction or
what we call prohibitive injunction and the other one is the Q: What is the ground for Injunction?
mandatory injunction. A: It does not involve the jurisdiction of the court, walang grave
(1) Preventive Injunction- you stop a person from doing an act abuse of discretion amounting to lack or in excess of jurisdiction
(2) Mandatory Injunction- it requires the performance of a but in Prohibition, that is the ground; that the court exercising
particular act judicial or ministerial powers acted in grave abuse of discretion
amounting to lack or in excess of jurisdiction. The injunction case
can be the main action or the WPI can be the provisional remedy.
The prohibition case is always the main action but you can ask Q: So what are the grounds? That the applicant is entitled to the
for the issuance of a WPI. relief demanded. What do you mean when you say the applicant
is entitled to WPI?
Q: What court can issue a WPI? A: (1) the applicant must show that he has an unmistakable right
A: All courts. MTC, RTC, CA and SC can. which was invaded and the right should be clear
(2) That the commission, continuance or non-performance of the
And what are the jurisdictional rules? act or acts complained of during the litigation would probably
(1) The SC can issue the WPI in the exercise of its original or work injustice to the applicant. Which means it is being
appellate jurisdiction. committed or about to be committed and the injustice there
(2) The original action for injunction is beyond the jurisdiction of should be incapable of pecuniary estimation, it is beyond
the SC because the jurisdiction of a complaint for injunction is mathematical computation
with the RTC, not with the SC. Ang sa SC; Petition for Prohibition, (3) That a party, court, agency or a person is doing, threatening,
in the exercise of its concurrent original jurisdiction. or is attempting to do, or is procuring or suffering to be done
(3) The CA can issue writs of preliminary injunction in the some act or acts probably in violation of the rights of the
exercise of its original or appellate jurisdiction applicant respecting the subject of the action or proceeding, and
(4) When the RTC issues the WPI, it can only be implemented tending to render the judgment ineffectual. Therefore, an
within its territorial jurisdiction. Kung ang RTC of Manila nag- application can be done through a verified application. How will
isyu ng WPI, hindi yan pwedeng i-implement sa Surigao. you do it? Same as preliminary attachment; you can incorporate
it in your complaint or file a separate motion. And why motion?
Q: What if it’s executed in Pateros, can the sheriff serve the WPI Because it will be heard. No TRO, no WPI will be heard and will
and the defendant be enjoined to do the act complained of issued be granted unless there is a bond.
by the RTC Manila?
A: Yes. It is within the National Capital Judicial Region. So other requirements? If application for TRO, WPI is included in
the complaint or petition and it was filed in a multi-sala court,
There can be no WPI issued against unfair labour practices. There shall be raffled only after notice to and in the presence of the
can also be no WPI issued against the SSS, COMELEC. WPI also adverse party.
cannot also be issued to restrain a court of co-equal jurisdiction.
Q: What is a Temporary Restraining Order?
No person can be restrained if a third party is trying to vindicate A: A restraining order is one which may issue upon the filing of
his rights. (Section 16, Rule 39) an application for an injunction preventing the defendant to do a
threatened act until a hearing on the application for WPI can be
So let’s say, kayong dalawa nag-away, ikaw yung nanalo, then he heard.
is a judgment creditor but the property that was levied upon is
my property. I can ask the RTC to issue WPI or TRO for the Q: What is the purpose of a TRO?
foreclosure or auction sale not to proceed. Is the RTC prevented A: It is to maintain status quo until the hearing of the WPI.
from issuing a TRO? No. Because what is being directed is not
against the court, but against the foreclosure sale. The grant or denial of the TRO does not automatically mean that
the WPI will be granted or denied. Why? Because TRO is based on
Under BP 129, provided that the main action is within its summary hearing. In some judges, you don’t even have to present
jurisdiction, the inferior court can grant the WPI. Example: Sec. evidence, all you have to do is argue. And then after that,
15, Rule 70- WPI in cases of unlawful detainer or forcible entry. magkaka-hearing sa WPI. A bond is required for the issuance of a
TRO unless exempted by the court.
No court of the Philippines shall have jurisdiction to issue any
restraining order, preliminary injunction or preliminary Q: Is Status Quo order that same as TRO?
mandatory injunction in any case involving or growing out of the A: No. A Status Quo order is merely intended to maintain the last
issuance, approval or disapproval, revocation or suspension of, or actual, uncontested state of the things that preceded the
any action whatsoever by the proper administrative official or controversy. The court may grant it on the basis of equity. It is
body on concessions, licenses, permits, patents, or public grants more in the nature of a Cease and Desist order. It does not
of any kind in connection with the disposition, exploitation, require the posting of a bond. Ang TRO iniisyu, para lang ‘pag
utilization, exploration, and/or development of the natural dinidinig yung WPI, walang movement.
resources of the Philippines. (PD 605)
RTC- if I file a complaint and it is of extreme urgency, the
No injunction can be issued against government infrastructure executive judge of a multi-sala court (maraming branches) or the
projects except the Supreme Court. (RA 8975) presiding judge of a single sala court can issue a 72-hour TRO,
then i-raraffle yan immediately and the purpose of which is to
Preventive injunction contemplates a situation where the act is hold hearing on the TRO and who will hold it? The presiding
being committed or about to be committed. You do not enjoin an judge of the court where the case was raffled. When you present
act that has already been committed. However, mandatory your evidence, you have to complete it before the expiration of
injunction can be issued against acts already committed or such the 20-day period, otherwise the TRO will be deemed vacated.
acts that are continuing in nature and in derogation of plaintiff’s The 72 hours is not in addition to that 20 days. The 72 hours is
right actually a subset of the 20 days. Hindi s’ya in addition.
The WPI will not be granted if there is no grave, irreparable Paras vs Roura
injury. And an injury is irreparable when it is precisely incapable CA issued TRO is automatically vacated upon the lapse of 60 days.
of mathematical computation. There is no need for the court to issue another order saying that
it was already deemed vacated.
In the event that the application for preliminary injunction is
denied or not resolved within the said period, the temporary Federation of Land Reform Farmers vs CA
restraining order is deemed, automatically vacated. The The fixed period of a TRO is not extendible and courts have no
effectivity of a temporary restraining order is not extendible but discretion to extend it unless the parties come to terms and agree
if the parties agree to extend it then the court merely approves to just have a status quo situation and the extension is asked by
the agreement of the parties. the parties themselves.
If issued by the Court of Appeals or a member thereof, the
Dela Paz vs Adiong
temporary restraining order shall be effective 60 days from
The judge did not conduct a hearing for the issuance of the WPI
service on the party or person sought to be enjoined. A
and yet it issued the injunction. The complainant stressed that it
restraining, order issued by the Supreme Court or a member
was not served with summons before the WPI was issued. And
thereof shall be effective until further orders.
most importantly, the respondent court is situated in Marawi City
and it tried to implement the WPI in Makati. That is not allowed
The executive judge of a multi-sala court is the only one
beacuse the effectivity of a TRO/WPI is only within the territorial
authorized to issue a 72-hour TRO.
jurisdiction of the court
The judge should therefore conduct a summary hearing within
Golden Gate Realty vs IAC
the 72 hours to determine whether the restraining order should
The lifetime of a TRO cannot be extended
be extended until they (??) on the preliminary injunction
(03:52:20)
Universal Motors vs Judge Rojas
The judge was held liable here because the TRO was not even
Q: What is the concept of irreparable injury?
asked in the complaint. He issued the TRO without even a bond
A: Injury is irreparable if it is constant, frequent and recurring
being posted.
and there is no standard by which you can measure with
reasonable certainty the damages. It is incapable of mathematical
Los Baños Rural Bank vs Africa
computation.
When you present your evidence during the hearing of a WPI,
you are not required to exhaustively present your evidence
No WPI/ TRO will be issued if there is no bond. Similar to the
(merely a sampling of the evidence). Therefore the WPI, what is
WPA, the condition of the applicant’s bond is it is supposed to
required is only the sample of his evidence. So the only issue
address all the damages which may be sustained by reason of the
during the hearing of a TRO and WPI is whether the court should
injunction or the TRO if the court finally decides that the
stop the defendant from committing the act complained of. It is
applicant is not entitled to thereto. That is your applicant’s bond.
not to prove the cause of action to the defence.
Q: What is the remedy against an improper WPI?
Sps. Yap vs International Exchange Bank
A: Petition for Certiorari because that is an interlocutory order
WPI was issued. The propriety of a WPI was challenged and no,
the issuance of the writ is valid. The court did not commit grave
Injunctions will be refused and dissolved
abuse of discretion
(1) when the complaint is insufficient
(2) if the defendant is permitted to post a counter bond. If the
04:02:12
(??)(03:55:10) that he will sustain great damage while the
plaintiff can be amply compensated
(3) and on any other ground when the bond posted is insufficient
or defective

Q: Who determines the amount of the bond?

A: The court.

Q: Can I, after filing a case against Joshua, for collection of sum of

money, asked for the issuance of WPI. Ang dinemanda ko sa
kan’ya, collection case.
A: No, kasi the damage is capable of pecuniary estimation

So therefore the filing of a counter bond does not necessarily

warrant the resolution of the injunction as the court will have to
assess the probable relative damages

Section 20, Rule 57 is applicable with respect to the issuance of a

WPI and the effect of an improper, irregular issuance of a WPI