Civil Procedure

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Receivership

1. Appointment of a Receiver

The general rule is that neither party to the litigation should be appointed as a receiver without the consent of the other because a receiver is supposed to be an impartial and disinterested person. 375 A clerk of court should not be appointed as a receiver as he is already burdened with his official duties. 376

2. Specific situations when a receiver may be appointed

2.1 Family Code, Article 101

If a spouse without just cause abandons the other or fails to comply with his/her obligations to the family, the aggrieved spouse may petition the court for receivership.

2.2 Rules of Court, Sec. 41, Rule 39

The court may appoint a receiver of the property of the judgment obligor; and it may also forbid a transfer or other disposition of, or any interference with, the property of the judgment obligor not exempt from execution.

2.3 After the perfection of an appeal, the trial court retains jurisdiction to appoint a receiver of the property under litigation since this matter does not touch upon the subject of the appeal. 377

2.4 After final judgment, a receiver may be appointed as an aid to the execution of judgment. 378

2.5 Appointment of a receiver over the property in custodia legis may be allowed when it is justified by special circumstances as when it is reasonably necessary to secure and protect the rights of the real owner. 379

375 Alcantara v. Abbas, No. L-14890. September 30, 1963, 9 SCRA 54.

376 Abrigo v. Kayanan, No. L-28601, March 18, 1983, 121 SCRA 20.

377 Rules of Court, Rule 41, Sec. 9; Acu�a v. Caluag, 101 Phil. 446 [1957].

378 Philippine Trust Company v. Santamaria, 53 Phil. 463 [1929].

379 Dolar v. Sundiam, No. L-27631, April 30, 1971, 38 SCRA 616.