PROVISIONAL REMEDIES: session i

there are plenty of definitions. they are those that are applied for pending litigation. the keyword is pending litigation. for the purpose of securing judgments and preserving the status quo.

provisional remediescoverage:1. under the last bar, only rules under ROC but ther are new rules specially2. new ruleswrit on amparo, rules on writ of habeas data, writ of kalikasan3. rules on environmental cases.-effective may 2010

sometimes examiners are so unreasonable. ex. azcunas writ of amparo, the questions could be answered now but not during that time.ICC justices

defined: they are those that are applied for peding litigation for the purpose of securing the judgment and preserving the status quo.

characteristics:1, provisional-interim-'in between'. litigants may resort to during the pendency of an action. interim-as the action is stated but before it closes.2. collateral-because cannot exist byitself.it is permitted in connection with a regular action. there has to be a principalk case which may be specific performance or sum of money.not a principal case in the same manner as preliminary injuction cannot be a case by itself. they are collateral.-ex. prelim. attachement1997 roc we have 5 provisional remedies. and they are the things that you should worry about. generally1.r57-attachment,r58-preliminary injunction,r59-receivership,r60-replevin,r61-support pendente lite-not exclusive-there are other prov.rems. and specially with the onslaught of a lot of rules passed by the supreme court. not just these.almost all new laws have new rulesprovisional remedies.2. a new law has new rules-like anti-bouncing. annulment..there are rules on annulment and sometimes there are some specific rules that fall under provisional remedies.

so what are the other remedies that do not fall under the rules of court?though you may not be asked on these specifically but again going to the sight of some other examiners. they just get so unreasonable. specially if the person is or has an expertise on some laws for which they have specific knowledge.

other PR's-under special laws.under ra9262 , when you apply for TPO(temporay protection order).mostly by a woman on a man . it is a provisional remedy.under ra9372,human security act anti terrorism act,ther are also different provisional remedies like the examination of bank accounts and freeze orders. take note that when you open a bank account these days. its so meticulous. so many info needed.-not because of banking law but because of the special act. sources of funds should be properly explained. like when you receive 1M. they try to trace it. that is why there is what we call a provisional remedy under the act where your bank accounts may be frozen.that is a provisional remedy.provisional because there cannot be a case just for that inspection there has to be a case filed against you for a violation of the act.the anti terror law traces the source of funds. illegal activities.-seizure and sequestration of accounts and assets,iif it has been found that indeed the source of fund has been illegal then there can be a provisional remedy to seize/ sequester such accounts and assets in favor of the govt.sometimes the travel of the person subject to the case ra 9372 can be restricted. that is also a provisional remedy.