Provisional Remedies In Criminal Cases


Section 1. Availability of provisional remedies

PROVISIONAL REMEDY
It is one provided for present need or one that is adopted to meet
a particular exigency.

PROVISIONAL REMEDIES UNDER THE RULES OF COURT:
1. Attachment (Rule 57)
2. Injunction (Rule 58)
3. Receivership (Rule 59)
4. Replevin (Rule 60)
5. Support Pendente Lite (Rule 61)

Purpose of Provisional Remedies
Provisional remedies are applied pending litigation, to secure
the judgment or preserve the status quo.

If provisional remedies are applied for after judgment,
it is in order to preserve or dispose of the subject
matter.

Although civil action is suspended until final judgment in the
criminal case, the court is not deprived of its authority to
issue preliminary and auxiliary writs which do not go into the
merits of the case. Preliminary writs and auxiliary writs
referred to are those such as the ff:
• Preliminary injunction
• Attachment
• Appointment of receiver
• Fixing amounts of bonds







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