Preliminary Attachment and Injunctions in Philippine Litigation: How They Work

Preliminary attachment and injunctions are provisional remedies — temporary court orders issued while a case is still pending. They do not decide who wins. Instead, they preserve the status quo or secure property so that a final judgment is not rendered useless. A preliminary attachment lets a creditor seize or hold a defendant's property as security for a money claim. An injunction restrains a person from doing, or compels a person to do, a particular act. Both are applied for in the same case as the main action, and both require a court order and, generally, a bond.

What is a preliminary attachment?

A preliminary attachment is a provisional remedy available to a plaintiff who sues to recover money or property. It authorizes the court to attach — that is, take into custody or place under legal hold — the defendant's property, so that if the plaintiff wins, there is something to satisfy the judgment.

Attachment is not a judgment. It is a security measure. The property remains subject to the outcome of the case, and the defendant may be able to post a counterbond to release it. Because attachment can disrupt a person's business and reputation, courts do not grant it as a matter of course. The applicant must show a ground recognized by the Rules of Court and must post a bond.

What is an injunction?

An injunction is a court order directing a person to refrain from a particular act (a prohibitory injunction) or to perform a particular act (a mandatory injunction). It may be:

• Preliminary — issued during the pendency of the case to prevent serious damage while the case is being heard.
• Final — issued after trial as part of the judgment.

A temporary restraining order (TRO) is a short-term injunction meant to hold the situation steady until the court can hear the application for a preliminary injunction. A TRO is of limited duration; a preliminary injunction lasts until the case is decided or the court orders otherwise.

How does a party apply for these remedies?

The procedure is set out in the Rules of Court and is designed to balance two interests: protecting the applicant and protecting the opposing party from a wrongful order.

1. File a verified application in the court hearing the main case. The application must state the grounds and the facts supporting them.
2. Post a bond. The applicant must post a bond to answer for whatever damages the adverse party may suffer if the court later finds the applicant was not entitled to the remedy.
3. Notice and hearing. For a preliminary injunction, the court must give the adverse party notice and an opportunity to be heard before granting the order. A TRO may be issued ex parte in extreme urgency, but its life is short and the court must then conduct a hearing.
4. Service and enforcement. Once granted, the order is served on the party to be bound. Disobedience can be punished as contempt of court.

When can attachment or injunction be granted?

Attachment and injunction are extraordinary remedies. They are not granted simply because a plaintiff asks. The applicant must allege and prove a ground recognized by law — for example, that the defendant is about to abscond, remove, or dispose of property to defraud creditors, or that the applicant is entitled to the relief demanded and the acts complained of would work injustice if not restrained.

The court weighs the evidence at a summary hearing. If the applicant's evidence is insufficient, or if the bond is not posted, the application is denied. If the court grants the remedy and later finds it was improperly issued, the bond answers for the resulting damages.

How do these remedies relate to damages?

Because a provisional remedy can cause real harm even before judgment, Philippine law provides a safety net. Under Article 19 of the Civil Code, every person must, in the exercise of rights and performance of duties, act with justice, give everyone his due, and observe honesty and good faith. Under Article 20, a person who, contrary to law, willfully or negligently causes damage to another must indemnify the latter. Under Article 21, a person who willfully causes loss or injury to another in a manner contrary to morals, good customs, or public policy must compensate the latter.

These provisions support an action for damages if a party obtains an attachment or injunction in bad faith or without legal basis. The bond required of the applicant is the first source of compensation; where the bond is insufficient, the general law on damages may apply.

Frequently asked questions

Can a preliminary attachment and an injunction be applied for at the same time? Yes. They are separate remedies and may be sought in the same case if the grounds for each are present. A court may grant one and deny the other.

How long does a temporary restraining order last? A TRO is by nature short-term. It is meant to preserve the status quo only until the court can hear the application for a preliminary injunction. The Rules of Court fix its duration, and the court may extend it only within the limits allowed.

What happens if the defendant posts a counterbond in an attachment case? The defendant may post a counterbond to release the attached property. Once the counterbond is approved, the attachment is discharged as to that property, and the bond stands in place of the property as security.

Practical takeaways

• Preliminary attachment and injunction are provisional remedies — they protect a party during litigation, not decide the case.
• Both generally require a verified application, a ground recognized by the Rules of Court, and a bond.
• A TRO is short-term; a preliminary injunction lasts until the case is decided or the court orders otherwise.
• A wrongfully issued remedy can expose the applicant to damages, supported by Articles 19, 20, and 21 of the Civil Code.
• Because these remedies are extraordinary, evidence and timing matter — consult counsel before applying.

Primary sources

The rules discussed above are drawn from the following primary sources, as published in the Official Gazette and the national statute book.

• REPUBLIC ACT NO. 643 - AN ACT TO AMEND SECTION NINETY OF REPUBLIC ACT NUMBERED TWO HUNDRED AND NINETY-SIX, OTHERWISE KNOWN AS THE JUDICIARY ACT OF NINETEEN HUNDRED AND FORTY-EIGHT, AND SECTION ONE OF RULE NINETY-THREE OF THE RULES OF COURT IN THE PHILIPPINES.

• Civil Code of the Philippines (R.A. No. 386, CIVIL CODE)

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.