RULE 43 Section 4. Period of appeal.

The appeal shall be taken

within fifteen (15) days from notice of the award, judgment,
APPEALS FROM THE COURT OF TAX APPEALS AND
final order or resolution, or from the date of its last
QUASI-JUDICIAL AGENCIES TO THE COURT OF publication, if publication is required by law for its
APPEALS effectivity, or of the denial of petitioner's motion for new
trial or reconsideration duly filed in accordance with the
Section 1. Scope. This Rule shall apply to appeals from
governing law of the court or agency a quo. Only one (1)
judgments or final orders of the Court of Tax Appeals and
motion for reconsideration shall be allowed. Upon proper
from awards, judgments, final orders or resolutions of or
motion and the payment of the full amount of the docket fee
authorized by any quasi-judicial agency in the exercise of
before the expiration of the reglementary period, the Court
its quasi-judicial functions. Among these agencies are the
of Appeals may grant an additional period of fifteen (15)
Civil Service Commission, Central Board of Assessment
days only within which to file the petition for review. No
Appeals, Securities and Exchange Commission, Office of
further extension shall be granted except for the most
the President, Land Registration Authority, Social Security
compelling reason and in no case to exceed fifteen (15) days.
Commission, Civil Aeronautics Board, Bureau of Patents,
(n)
Trademarks and Technology Transfer, National
Electrification Administration, Energy Regulatory Board, Section 5. How appeal taken. Appeal shall be taken by
National Telecommunications Commission, Department of filing a verified petition for review in seven (7) legible copies
Agrarian Reform under Republic Act No. 6657, Government with the Court of Appeals, with proof of service of a copy
Service Insurance System, Employees Compensation thereof on the adverse party and on the court or agency a
Commission, Agricultural Invention Board, Insurance quo. The original copy of the petition intended for the Court
Commission, Philippine Atomic Energy Commission, Board of Appeals shall be indicated as such by the petitioner.
of Investments, Construction Industry Arbitration
Commission, and voluntary arbitrators authorized by law. Upon the filing of the petition, the petitioner shall pay to the
(n) clerk of court of the Court of Appeals the docketing and
other lawful fees and deposit the sum of P500.00 for costs.
Section 2. Cases not covered. This Rule shall not apply Exemption from payment of docketing and other lawful fees
to judgments or final orders issued under the Labor Code of and the deposit for costs may be granted by the Court of
the Philippines. (n) Appeals upon a verified motion setting forth valid grounds
therefor. If the Court of Appeals denies the motion, the
Section 3. Where to appeal. An appeal under this Rule
petitioner shall pay the docketing and other lawful fees and
may be taken to the Court of Appeals within the period and
deposit for costs within fifteen (15) days from notice of the
in the manner herein provided, whether the appeal involves
denial. (n)
questions of fact, of law, or mixed questions of fact and law.
(n)
Section 6. Contents of the petition. The petition for review therein together with other supporting papers. The
shall (a) state the full names of the parties to the case, comment shall (a) point out insufficiencies or inaccuracies
without impleading the court or agencies either as in petitioner's statement of facts and issues; and (b) state
petitioners or respondents; (b) contain a concise statement the reasons why the petition should be denied or dismissed.
of the facts and issues involved and the grounds relied A copy thereof shall be served on the petitioner, and proof of
upon for the review; (c) be accompanied by a clearly legible such service shall be filed with the Court of Appeals. (9a)
duplicate original or a certified true copy of the award,
Section 10. Due course. If upon the filing of the
judgment, final order or resolution appealed from, together
comment or such other pleadings or documents as may be
with certified true copies of such material portions of the
required or allowed by the Court of Appeals or upon the
record referred to therein and other supporting papers; and
expiration of the period for the filing thereof, and on the
(d) contain a sworn certification against forum shopping as
records the Court of Appeals finds prima facie that the
provided in the last paragraph of section 2, Rule 42. The
court or agency concerned has committed errors of fact or
petition shall state the specific material dates showing that
law that would warrant reversal or modification of the
it was filed within the period fixed herein. (2a)
award, judgment, final order or resolution sought to be
Section 7. Effect of failure to comply with requirements. reviewed, it may give due course to the petition; otherwise,
The failure of the petitioner to comply with any of the it shall dismiss the same. The findings of fact of the court
foregoing requirements regarding the payment of the docket or agency concerned, when supported by substantial
and other lawful fees, the deposit for costs, proof of service evidence, shall be binding on the Court of Appeals. (n)
of the petition, and the contents of and the documents
Section 11. Transmittal of record. Within fifteen (15) days
which should accompany the petition shall be sufficient
from notice that the petition has been given due course, the
ground for the dismissal thereof. (n)
Court of Appeals may require the court or agency
Section 8. Action on the petition. The Court of Appeals concerned to transmit the original or a legible certified true
may require the respondent to file a comment on the copy of the entire record of the proceeding under review.
petition not a motion to dismiss, within ten (10) days from The record to be transmitted may be abridged by agreement
notice, or dismiss the petition if it finds the same to be of all parties to the proceeding. The Court of Appeals may
patently without merit, prosecuted manifestly for delay, or require or permit subsequent correction of or addition to
that the questions raised therein are too unsubstantial to the record. (8a)
require consideration. (6a)
Section 12. Effect of appeal. The appeal shall not stay
Section 9. Contents of comment. The comment shall be the award, judgment, final order or resolution sought to be
filed within ten (10) days from notice in seven (7) legible reviewed unless the Court of Appeals shall direct otherwise
copies and accompanied by clearly legible certified true upon such terms as it may deem just. (10a)
copies of such material portions of the record referred to
Section 13. Submission for decision. If the petition is
given due course, the Court of Appeals may set the case for
oral argument or require the parties to submit memoranda
within a period of fifteen (15) days from notice. The case
shall be deemed submitted for decision upon the filing of
the last pleading or memorandum required by these Rules
or by the court of Appeals. (n)
 PROVISIONAL REMEDIES (e) In an action against a party who has removed or
disposed of his property, or is about to do so, with intent to
RULE 57 defraud his creditors; or
Preliminary Attachment (f) In an action against a party who does not reside and is
not found in the Philippines, or on whom summons may be
Section 1. Grounds upon which attachment may issue. At
served by publication. (1a)
the commencement of the action or at any time before entry
of judgment, a plaintiff or any proper party may have the Section 2. Issuance and contents of order. An order of
property of the adverse party attached as security for the attachment may be issued either ex parte or upon motion
satisfaction of any judgment that may be recovered in the with notice and hearing by the court in which the action is
following cases: pending, or by the Court of Appeals or the Supreme Court,
(a) In an action for the recovery of a specified amount of and must require the sheriff of the court to attach so much
money or damages, other than moral and exemplary, on a of the property in the Philippines of the party against whom
cause of action arising from law, contract, quasi-contract, it is issued, not exempt from execution, as may be sufficient
delict or quasi-delict against a party who is about to depart to satisfy the applicant's demand, unless such party makes
from the Philippines with intent to defraud his creditors; deposit or gives a bond as hereinafter provided in an
amount equal to that fixed in the order, which may be the
(b) In an action for money or property embezzled or amount sufficient to satisfy the applicant's demand or the
fraudulently misapplied or converted to his own use by a value of the property to be attached as stated by the
public officer, or an officer of a corporation, or an attorney, applicant, exclusive of costs. Several writs may be issued at
factor, broker, agent, or clerk, in the course of his the same time to the sheriffs of the courts of different
employment as such, or by any other person in a fiduciary judicial regions. (2a)
capacity, or for a willful violation of duty;
Section 3. Affidavit and bond required. An order of
(c) In an action to recover the possession of property attachment shall be granted only when it appears by the
unjustly or fraudulently taken, detained or converted, when affidavit of the applicant, or of some other person who
the property, or any part thereof, has been concealed, personally knows the facts, that a sufficient cause of action
removed, or disposed of to prevent its being found or taken exists, that the case is one of those mentioned in section 1
by the applicant or an authorized person; hereof, that there is no other sufficient security for the
(d) In an action against a party who has been guilty of a claim sought to be enforced by the action, and that the
fraud in contracting the debt or incurring the obligation amount due to the applicant, or the value of the property
upon which the action is brought, or in the performance the possession of which he is entitled to recover, is as much
thereof; as the sum for which the order is granted above all legal
counterclaims. The affidavit, and the bond required by the
next succeeding section, must be duly filed with the court temporarily absent therefrom, or the defendant is a non-
before the order issues. (3a) resident of the Philippines, or the action is one
in rem or quasi in rem. (5a)
Section 4. Condition of applicant's bond. The party
applying for the order must thereafter give a bond executed Section 6. Sheriff's return. After enforcing the writ, the
to the adverse party in the amount fixed by the court in its sheriff must likewise without delay make a return thereon
order granting the issuance of the writ, conditioned that the to the court from which the writ issued, with a full
latter will pay all the costs which may be adjudged to the statement of his proceedings under the writ and a complete
adverse party and all damages which he may sustain by inventory of the property attached, together with any
reason of the attachment, if the court shall finally adjudge counter-bond given by the party against whom attachment
that the applicant was not entitled thereto. (4a) is issued, and serve copies thereof on the applicant. (6a)

Section 5. Manner of attaching property. The sheriff Section 7. Attachment of real and personal
enforcing the writ shall without delay and with all property; recording thereof. Real and personal property
reasonable diligence attach, to await judgment and shall be attached by the sheriff executing the writ in the
execution in the action, only so much of the property in the following manner:
Philippines of the party against whom the writ is issued,
(a) Real property, or growing crops thereon, or any interest
not exempt from execution, as may be sufficient to satisfy
therein, standing upon the record of the registry of deeds of
the applicant's demand, unless the former makes a deposit
the province in the name of the party against whom
with the court from which the writ is issued, or gives a
attachment is issued, or not appearing at all upon such
counter-bond executed to the applicant, in an amount equal
records, or belonging to the party against whom attachment
to the bond fixed by the court in the order of attachment or
is issued and held by any other person, or standing on the
to the value of the property to be attached, exclusive of
records of the registry of deeds in the name of any other
costs. No levy on attachment pursuant to the writ issued
person, by filing with the registry of deeds a copy of the
under section 2 hereof shall be enforced unless it is
order, together with a description of the property attached,
preceded, or contemporaneously accompanied, by service of
and a notice that it is attached, or that such real property
summons, together with a copy of the complaint, the
and any interest therein held by or standing in the name of
application for attachment the applicant's affidavit and
such other person are attached, and by leaving a copy of
bond, and the order and writ of attachment, on the
such order, description, and notice with the occupant of the
defendant within the Philippines.
property, if any, or with such other person or his agent if
The requirement of prior or contemporaneous service of found within the province. Where the property has been
summons shall not apply where the summons could not be brought under the operation of either the Land Registration
served personally or by substituted service despite diligent Act or the Property Registration Decree, the notice shall
efforts, or the defendant is a resident of the Philippines contain a reference to the number of the certificate of title,
the volume and page in the registration book where the (e) The interest of the party against whom attachment is
certificate is registered, and the registered owner or owners issued in property belonging to the estate of the decedent,
thereof. whether as heir, legatee, or devisee, by serving the executor
or administrator or other personal representative of the
The registrar of deeds must index attachments filed under
decedent with a copy of the writ and notice that said
this section in the names of the applicant, the adverse
interest is attached. A copy of said writ of attachment and
party, or the person by whom the property is held or in
of said notice shall also be filed in the office of the clerk of
whose name it stands in the records. If the attachment is
the court in which said estate is being settled and served
not claimed on the entire area of the land covered by the
upon the heir, legatee or devisee concerned.
certificate of title, a description sufficiently accurate for the
identification of the land or interest to be affected shall be If the property sought to be attached is in custodia legis, a
included in the registration of such attachment; copy of the writ of attachment shall be filed with the proper
court or quasi-judicial agency, and notice of the attachment
(b) Personal property capable of manual delivery, by taking
served upon the custodian of such property. (7a)
and safely keeping it in his custody, after issuing the
corresponding receipt therefor. Section 8. Effect of attachment of debts, credits and all
other similar personal property. All persons having in
(c) Stocks or shares, or an interest in stocks or shares, of
their possession or under their control any credits or other
any corporation or company, by leaving with the president
similar personal property belonging to the party against
or managing agent thereof, a copy of the writ, and a notice
whom attachment is issued, or owing any debts to him, at
stating that the stock or interest of the party against whom
the time of service upon them of the copy of the writ of
the attachment is issued is attached in pursuance of such
attachment and notice as provided in the last preceding
writ;
section, shall be liable to the applicant for the amount of
(d) Debts and credits, including bank deposits, financial such credits, debts or other similar personal property, until
interest, royalties, commissions and other personal property the attachment is discharged, or any judgment recovered by
not capable of manual delivery, by leaving with the person him is satisfied, unless such property is delivered or
owing such debts, or having in his possession or under his transferred, or such debts are paid, to the clerk, sheriff, or
control, such credits or other personal property, or with his other proper officer of the court issuing the attachment.
agent, a copy of the writ, and notice that the debts owing by (8a)
him to the party against whom attachment is issued, and
the credits and other personal property in his possession, Section 9. Effect of attachment of interests in property
or under his control, belonging to said party, are attached belonging to the estate of a decedent. The attachment of
in pursuance of such writ; the interest of an heir, legatee, or devisee in the property
belonging to the estate of a decedent shall not impair the
powers of the executor, administrator, or other personal
representative of the decedent over such property for the thereof, the court may order such property to be sold at
purpose of administration. Such personal representative, public auction in such manner as it may direct, and the
however, shall report the attachment to the court when any proceeds of such sale to be deposited in court to abide the
petition for distribution is filed, and in the order made upon judgment in the action. (11a)
such petition, distribution may be awarded to such heir,
Section 12. Discharge of attachment upon giving counter-
legatee or devisee, but the property attached shall be
bond. After a writ of attachment has been enforced, the
ordered delivered to the sheriff making the levy, subject to
party whose property has been attached, or the person
the claim of such heir, legatee, or devisee, or any person
appearing on his behalf, may move for the discharge of the
claiming under him. (9a)
attachment wholly or in part on the security given. The
Section 10. Examination of party whose property is court shall, after due notice and hearing, order the
attached and persons indebted to him or controlling his discharge of the attachment if the movant makes a cash
property; delivery of property to sheriff. Any person owing deposit, or files a counter-bond executed to the attaching
debts to the party whose property is attached or having in party with the clerk of the court where the application is
his possession or under his control any credit or other made, in an amount equal to that fixed by the court in the
personal property belonging to such party, may be required order of attachment, exclusive of costs. But if the
to attend before the court in which the action is pending, or attachment is sought to be discharged with respect to a
before a commissioner appointed by the court, and be particular property, the counter-bond shall be equal to the
examined on oath respecting the same. The party whose value of that property as determined by the court. In either
property is attached may also be required to attend for the case, the cash deposit or the counter-bond shall secure the
purpose of giving information respecting his property, and payment of any judgment that the attaching party may
may be examined on oath. The court may, after such recover in the action. A notice of the deposit shall forthwith
examination, order personal property capable of manual be served on the attaching party. Upon the discharge of an
delivery belonging to him, in the possession of the person attachment in accordance with the provisions of this
so required to attend before the court, to be delivered to the section, the property attached, or the proceeds of any sale
clerk of the court or sheriff on such terms as may be just, thereof, shall be delivered to the party making the deposit
having reference to any lien thereon or claim against the or giving the counter-bond, or to the person appearing on
same, to await the judgment in the action. (10a) his behalf, the deposit or counter-bond aforesaid standing
in place of the property so released. Should such counter-
Section 11. When attached property may be sold after levy
bond for any reason be found to be or become insufficient,
on attachment and before entry of judgment. Whenever it
and the party furnishing the same fail to file an additional
shall be made to appear to the court in which the action is
counter-bond, the attaching party may apply for a new
pending, upon hearing with notice to both parties, that the
order of attachment. (12a)
property attached is perishable, or that the interests of all
the parties to the action will be subserved by the sale
Section 13. Discharge of attachment on other grounds. damages for the taking or keeping of the property may be
The party whose property has been ordered attached may enforced against the bond unless the action therefor is filed
file a motion with the court in which he action is pending, within one hundred twenty (120) days from the date of the
before or after levy or even after the release of the attached filing of the bond.
property, for an order to set aside or discharge the
The sheriff shall not be liable for damages for the taking or
attachment on the ground that the same was improperly or
keeping of such property to any such third-party claimant,
irregularly issued or enforced, or that the bond is
if such bond shall be filed. Nothing herein contained shall
insufficient. If the attachment is excessive, the discharge
prevent such claimant or any third person from vindicating
shall be limited to the excess. If the motion be made on
his claim to the property, or prevent the attaching party
affidavits on the part of the movant but not otherwise, the
from claiming damages against a third-party claimant who
attaching party may oppose the motion by counter-
filed a frivolous or plainly spurious claim, in the same or a
affidavits or other evidence in addition to that on which the
separate action.
attachment was made. After due notice and hearing, the
court shall order the setting aside or the corresponding When the writ of attachment is issued in favor of the
discharge of the attachment if it appears that it was Republic of the Philippines, or any officer duly representing
improperly or irregularly issued or enforced, or that the it, the filing of such bond shall not be required, and in case
bond is insufficient, or that the attachment is excessive, the sheriff is sued for damages as a result of the
and the defect is not cured forthwith. (13a) attachment, he shall be represented by the Solicitor
General, and if held liable therefor, the actual damages
Section 14. Proceedings where property claimed by third
adjudged by the court shall be paid by the National
person. If the property attached is claimed by any person Treasurer out of the funds to be appropriated for the
other than the party against whom attachment had been purpose. (14a)
issued or his agent, and such person makes an affidavit of
his title thereto, or right to the possession thereof, stating Section 15. Satisfaction of judgment out of property
the grounds of such right or title, and serves such affidavit attached, return of sheriff. If judgment be recovered by
upon the sheriff while the latter has possession of the the attaching party and execution issue thereon, the sheriff
attached property, and a copy thereof upon the attaching may cause the judgment to be satisfied out of the property
party, the sheriff shall not be bound to keep the property attached, if it be sufficient for that purpose in the following
under attachment, unless the attaching party or his agent, manner:
on demand of the sheriff, shall file a bond approved by the
(a) By paying to the judgment obligee the proceeds of all
court to indemnify the third-party claimant in a sum not
sales of perishable or other property sold in pursuance of
less than the value of the property levied upon. In case of
the order of the court, or so much as shall be necessary to
disagreement as to such value, the same shall be decided
satisfy the judgment;
by the court issuing the writ of attachment. No claim for
(b) If any balance remains due, by selling so much of the judgment obligee upon demand the amount due under the
property, real or personal, as may be necessary to satisfy judgment, which amount may be recovered from such
the balance, if enough for that purpose remain in the surety or sureties after notice and summary hearing in the
sheriff's hands, or in those the clerk of the court; same action. (17a)

(c) By collecting from all persons having in their possession Section 18. Disposition of money deposited. Where the
credits belonging to the judgment obligor, or owing debts to party against whom attachment had been issued has
the latter at the time of the attachment of such credits or deposited money instead of giving counter-bond, it shall be
debts, the amount of such credits and debts as determined applied under the direction of the court to the satisfaction
by the court in the action, and stated in the judgment, and of any judgment rendered in favor of the attaching party,
paying the proceeds of such collection over to the judgment and after satisfying the judgment the balance shall be
obligee. refunded to the depositor or his assignee. If the judgment is
in favor of the party against whom attachment was issued,
The sheriff shall forthwith make a return in writing to the
the whole sum deposited must be refunded to him or his
court of his proceedings under this section and furnish the
assignee. (18a)
parties with copies thereof. (15a)
Section 19. Disposition of attached property where
Section 16. Balance due collected upon an
judgment is for party against whom attachment was issued.
execution; excess delivered to judgment obligor. If after
If judgment be rendered against the attaching party, all
realizing upon all the property attached, including the
the proceeds of sales and money collected or received by the
proceeds of any debts or credits collected, and applying the
sheriff, under the order of attachment, and all property
proceeds to the satisfaction of the judgment less the
attached remaining in any such officer's hands, shall be
expenses of proceedings upon the judgment any balance
delivered to the party against whom attachment was issued,
shall remain due, the sheriff must proceed to collect such
and the order of attachment discharged. (19a)
balance as upon ordinary execution. Whenever the
judgment shall have been paid, the sheriff, upon reasonable Section 20. Claim for damages on account of
demand, must return to the judgment obligor the attached improper, irregular or excessive attachment. An
property remaining in his hands, and any proceeds of the application for damages on account of improper, irregular
sale of the property attached not applied to the judgment. or excessive attachment must be filed before the trial or
(16a) before appeal is perfected or before the judgment becomes
executory, with due notice to the attaching party and his
Section 17. Recovery upon the counter-bond. When the
surety or sureties setting forth the facts showing his right to
judgment has become executory, the surety or sureties on
damages and the amount thereof. Such damages may be
any counter-bond given pursuant to the provisions of this
awarded only after proper hearing and shall be included in
Rule to secure the payment of the judgment shall become
the judgment on the main case.
charged on such counter-bond and bound to pay the
If the judgment of the appellate court be favorable to the Section 3. Grounds for issuance of preliminary injunction.
party against whom the attachment was issued he must A preliminary injunction may be granted when it is
claim damages sustained during the pendency of the appeal established:
by filing an application in the appellate court, with notice to
(a) That the applicant is entitled to the relief demanded, and
the party in whose favor the attachment was issued or his
the whole or part of such relief consists in restraining the
surety or sureties, before the judgment of the appellate
commission or continuance of the act or acts complained
court becomes executory. The appellate court may allow the
of, or in requiring the performance of an act or acts either
application to be heard and decided by the trial court.
for a limited period or perpetually;
Nothing herein contained shall prevent the party against
(b) That the commission, continuance or non-performance
whom the attachment was issued from recovering in the
of the act or acts complained of during the litigation would
same action the damages awarded to him from any property
probably work injustice to the applicant; or
of the attaching party not exempt from execution should the
bond or deposit given by the latter be insufficient or fail to (c) That a party, court, agency or a person is doing,
fully satisfy the award. (20a) threatening, or is attempting to do, or is procuring or
suffering to be done some act or acts probably in violation
of the rights of the applicant respecting the subject of the
RULE 58 action or proceeding, and tending to render the judgment
ineffectual. (3a)
Preliminary Injunction
Section 4. Verified application and bond for preliminary
Section 1. Preliminary injunction defined; classes. A
injunction or temporary restraining order. A preliminary
preliminary injunction is an order granted at any stage of
injunction or temporary restraining order may be granted
an action or proceeding prior to the judgment or final order,
only when:
requiring a party or a court, agency or a person to refrain
from a particular act or acts. It may also require the (a) The application in the action or proceeding is verified,
performance of a particular act or acts, in which case it and shows facts entitling the applicant to the relief
shall be known as a preliminary mandatory injunction. (1a) demanded; and

Section 2. Who may grant preliminary injunction. A (b) Unless exempted by the court the applicant files with the
preliminary injunction may be granted by the court where court where the action or proceeding is pending, a bond
the action or proceeding is pending. If the action or executed to the party or person enjoined, in an amount to
proceeding is pending in the Court of Appeals or in the be fixed by the court, to the effect that the applicant will
Supreme Court, it may be issued by said court or any pay to such party or person all damages which he may
member thereof. (2a) sustain by reason of the injunction or temporary restraining
order if the court should finally decide that the applicant
was not entitled thereto. Upon approval of the requisite a temporary restraining order to be effective only for a
bond, a writ of preliminary injunction shall be issued. (4a) period of twenty (20) days from service on the party or
person sought to be enjoined, except as herein provided.
(c) When an application for a writ of preliminary injunction
Within the said twenty-day period, the court must order
or a temporary restraining order is included in a complaint
said party or person to show cause, at a specified time and
or any initiatory pleading, the case, if filed in a multiple-
place, why the injunction should not be granted, determine
sala court, shall be raffled only after notice to and in the
within the same period whether or not the preliminary
presence of the adverse party or the person to be enjoined.
injunction shall be granted, and accordingly issue the
In any event, such notice shall be preceded, or
corresponding order. (Bar Matter No. 803, 17 February
contemporaneously accompanied, by service of summons,
1998)
together with a copy of the complaint or initiatory pleading
and the applicant's affidavit and bond, upon the adverse However, and subject to the provisions of the preceding
party in the Philippines. sections, if the matter is of extreme urgency and the
applicant will suffer grave injustice and irreparable injury,
However, where the summons could not be served
the executive judge of a multiple-sala court or the presiding
personally or by substituted service despite diligent efforts,
judge of a single sala court may issue ex parte a temporary
or the adverse party is a resident of the Philippines
restraining order effective for only seventy-two (72) hours
temporarily absent therefrom or is a nonresident thereof,
from issuance but he shall immediately comply with the
the requirement of prior or contemporaneous service of
provisions of the next preceding section as to service of
summons shall not apply.
summons and the documents to be served therewith.
(d) The application for a temporary restraining order shall Thereafter, within the aforesaid seventy-two (72) hours, the
thereafter be acted upon only after all parties are heard in a judge before whom the case is pending shall conduct a
summary hearing which shall be conducted within twenty- summary hearing to determine whether the temporary
four (24) hours after the sheriff's return of service and/or restraining order shall be extended until the application for
the records are received by the branch selected by raffle and preliminary injunction can be heard. In no case shall the
to which the records shall be transmitted immediately. total period of effectivity of the temporary restraining order
exceed twenty (20) days, including the original seventy-two
Section 5. Preliminary injunction not granted without
hours provided herein.
notice; exception. No preliminary injunction shall be
granted without hearing and prior notice to the party or In the event that the application for preliminary injunction
person sought to be enjoined. If it shall appear from facts is denied or not resolved within the said period, the
shown by affidavits or by the verified application that great temporary restraining order is deemed, automatically
or irreparable injury would result to the applicant before vacated. The effectivity of a temporary restraining order is
the matter can be heard on notice, the court to which the not extendible without need of any judicial declaration to
application for preliminary injunction was made, may issue that effect and no court shall have authority to extend or
renew the same on the same ground for which it was of the bond, or of the surety or sureties thereon. If the
issued. applicant's bond is found to be insufficient in amount, or if
the surety or sureties thereon fail to justify, and a bond
However, if issued by the Court of Appeals or a member
sufficient in amount with sufficient sureties approved after
thereof, the temporary restraining order shall be effective
justification is not filed forthwith the injunction shall be
for sixty (60) days from service on the party or person
dissolved. If the bond of the adverse party is found to be
sought to be enjoined. A restraining, order issued by the
insufficient in amount, or the surety or sureties thereon fail
Supreme Court or a member thereof shall be effective until
to justify a bond sufficient in amount with sufficient
further orders. (5a)
sureties approved after justification is not filed forthwith,
Section 6. Grounds for objection to, or for motion of the injunction shall be granted or restored, as the case may
dissolution of, injunction or restraining order. The be. (8a)
application for injunction or restraining order may be
Section 8. Judgment to include damages against party and
denied, upon a showing of its insufficiency. The injunction
sureties. At the trial, the amount of damages to be
or restraining order may also be denied, or, if granted, may
awarded to either party, upon the bond of the adverse party,
be dissolved, on other grounds upon affidavits of the party
shall be claimed, ascertained, and awarded under the same
or person enjoined, which may be opposed by the applicant
procedure prescribed in section 20 of Rule 57. (9a)
also by affidavits. It may further be denied, or if granted,
may be dissolved, if it appears after hearing that although Section 9. When final injunction granted. If after the trial
the applicant is entitled to the injunction or restraining of the action it appears that the applicant is entitled to have
order, the issuance or continuance thereof, as the case may the act or acts complained of permanently enjoined the
be, would cause irreparable damage to the party or person court shall grant a final injunction perpetually restraining
enjoined while the applicant can be fully compensated for the party or person enjoined from the commission or
such damages as he may suffer, and the former files a bond continuance of the act or acts of confirming the preliminary
in an amount fixed by the court conditioned that he will pay mandatory injunction. (10a)
all damages which the applicant may suffer by the denial or
the dissolution of the injunction or restraining order. If it
appears that the extent of the preliminary injunction or RULE 59
restraining order granted is too great, it may be modified.
(6a) Receivership

Section 7. Service of copies of bonds; effect of disapproval Section 1. Appointment of receiver. Upon a verified
of same. The party filing a bond in accordance with the application, one or more receivers of the property subject of
provisions of this Rule shall forthwith serve a copy of such the action or proceeding may be appointed by the court
bond on the other party, who may except to the sufficiency where the action is pending or by the Court of Appeals or
by the Supreme Court, or a member thereof, in the require the applicant to file a bond executed to the party
following cases: against whom the application is presented, in an amount to
be fixed by the court, to the effect that the applicant will
(a) When it appears from the verified application, and such
pay such party all damages he may sustain by reason of the
other proof as the court may require, that the party
appointment of such receiver in case the applicant shall
applying for the appointment of a receiver has an interest in
have procured such appointment without sufficient cause;
the property or fund which is the subject of the action or
and the court may, in its discretion, at any time after the
proceeding, and that such property or fund is in danger of
appointment, require an additional bond as further security
being lost, removed, or materially injured unless a receiver
for such damages. (3a)
be appointed to administer and preserve it;
Section 3. Denial of application or discharge of receiver.
(b) When it appears in an action by the mortgagee for the
The application may be denied, or the receiver discharged,
foreclosure of a mortgage that the property is in danger of
when the adverse party files a bond executed to the
being wasted or dissipated or materially injured, and that
applicant, in an amount to be fixed by the court, to the
its value is probably insufficient to discharge the mortgage
effect that such party will pay the applicant all damages he
debt, or that the parties have so stipulated in the contract
may suffer by reason of the acts, omissions, or other
of mortgage;
matters specified in the application as ground for such
(c) After judgment, to preserve the property during the appointment. The receiver may also be discharged if it is
pendency of an appeal, or to dispose of it according to the shown that his appointment was obtained without
judgment, or to aid execution when the execution has been sufficient cause. (4a)
returned unsatisfied or the judgment obligor refuses to
Section 4. Oath and bond of receiver. Before entering
apply his property in satisfaction of the judgment, or
otherwise to carry the judgment into effect; upon his duties, the receiver shall be sworn to perform
them faithfully, and shall file a bond, executed to such
(d) Whenever in other cases it appears that the appointment person and in such sum as the court may direct, to the
of a receiver is the most convenient and feasible means of effect that he will faithfully discharge his duties in the
preserving, administering, or disposing of the property in action or proceeding and obey the orders of the court. (5a)
litigation.
Section 5. Service of copies of bonds; effect of disapproval
During the pendency of an appeal, the appellate court may of same. The person filing a bond in accordance with the
allow an application for the appointment of a receiver to be provisions of this Rule shall forthwith serve a copy thereof
filed in and decided by the court of origin and the receiver on each interested party, who may except to its sufficiency
appointed to be subject to the control of said court. (1a) or of the surety or sureties thereon. If either the applicant's
Section 2. Bond on appointment of receiver. Before or the receiver's bond is found to be insufficient in amount,
issuing the order appointing a receiver the court shall or if the surety or sureties thereon fail to justify, and a bond
sufficient in amount with sufficient sureties approved after determined and ordered by the court, may be punished for
justification is not filed forthwith, the application shall be contempt and shall be liable to the receiver for the money or
denied or the receiver discharged, as the case may be. If the the value of the property and other things so refused or
bond of the adverse party is found to be insufficient in neglected to be surrendered, together with all damages that
amount or the surety or sureties thereon fail to justify, and may have been sustained by the party or parties entitled
a bond sufficient in amount with sufficient sureties thereto as a consequence of such refusal or neglect. (n)
approved after justification is not filed forthwith, the
Section 8. Termination of receivership; compensation of
receiver shall be appointed or re-appointed, as the case may
receiver. Whenever the court, motu proprio or on motion
be. (6a)
of either party, shall determine that the necessity for a
Section 6. General powers of receiver. Subject to the receiver no longer exists, it shall, after due notice to all
control of the court in which the action or proceeding is interested parties and hearing, settle the accounts of the
pending a receiver shall have the power to bring and defend, receiver, direct the delivery of the funds and other property
in such capacity, actions in his own name; to take and keep in his possession to the person adjudged to be entitled to
possession of the property in controversy; to receive rents; receive them and order the discharge of the receiver from
to collect debts due to himself as receiver or to the fund, further duty as such. The court shall allow the receiver
property, estate, person, or corporation of which he is the such reasonable compensation as the circumstances of the
receiver; to compound for and compromise the same; to case warrant, to be taxed as costs against the defeated
make transfers; to pay outstanding debts; to divide the party, or apportioned, as justice requires. (8a)
money and other property that shall remain among the
Section 9. Judgment to include recovery against sureties.
persons legally entitled to receive the same; and generally to
The amount, if any, to be awarded to any party upon any
do such acts respecting the property as the court may
bond filed in accordance with the provisions of this Rule,
authorize. However, funds in the hands of a receiver may be
shall be claimed, ascertained, and granted under the same
invested only by order of the court upon the written consent
procedure prescribed in section 20 of Rule 57. (9a)
of all the parties to the action. (7a)

No action may be filed by or against a receiver without leave

of the court which appointed him. (n) RULE 60
Section 7. Liability for refusal or neglect to deliver property Replevin
to receiver. A person who refuses or neglects, upon
reasonable demand, to deliver to the receiver all the Section 1. Application. A party praying for the recovery
property, money, books, deeds, notes, bills, documents and of possession of personal property may, at the
papers within his power or control, subject of or involved in commencement of the action or at any time before answer,
the action or proceeding, or in case of disagreement, as
apply for an order for the delivery of such property to him, together with a copy of the application, affidavit and bond,
in the manner hereinafter provided. (1a) and must forthwith take the property, if it be in the
possession of the adverse party, or his agent, and retain it
Section 2. Affidavit and bond. The applicant must show
in his custody. If the property or any part thereof be
by his own affidavit or that of some other person who
concealed in a building or enclosure, the sheriff must
personally knows the facts:
demand its delivery, and if it be not delivered, he must
(a) That the applicant is the owner of the property claimed, cause the building or enclosure to be broken open and take
particularly describing it, or is entitled to the possession the property into his possession. After the sheriff has take
thereof; possession of the property as herein provided, he must keep
it in a secure place and shall be responsible for its delivery
(b) That the property is wrongfully detained by the adverse
to the party entitled thereto upon receiving his fees and
party, alleging the cause of detention thereof according to
necessary expenses for taking and keeping the same. (4a)
the best of his knowledge, information, and belief ;
Section 5. Return of property. If the adverse party
(c) That the property has not been distrained or taken for a
objects to the sufficiency of the applicant's bond, or of the
tax assessment or a fine pursuant to law, or seized under a
surety or sureties thereon, he cannot immediately require
writ of execution or preliminary attachment, or otherwise
the return of the property, but if he does not so object, he
placed under custodia legis, or if so seized, that it is exempt
may, at any time before the delivery of the property to the
from such seizure or custody; and
applicant, require the return thereof, by filing with the
(d) The actual market value of the property. court where the action is pending a bond executed to the
applicant, in double the value of the property as stated in
The applicant must also give a bond, executed to the
the applicant's affidavit for the delivery thereof to the
adverse party in double the value of the property as stated
applicant, if such delivery be adjudged, and for the payment
in the affidavit aforementioned, for the return of the
of such sum, to him as may be recovered against the
property to the adverse party if such return be adjudged,
adverse party, and by serving a copy of such bond on the
and for the payment to the adverse party of such sum as he
applicant. (5a)
may recover from the applicant in the action. (2a)
Section 6. Disposition of property by sheriff. If within five
Section 3. Order. Upon the filing of such affidavit and
(5) days after the taking of the property by the sheriff, the
approval of the bond, the court shall issue an order and the
adverse party does not object to the sufficiency of the bond,
corresponding writ of replevin, describing the personal
or of the surety or sureties thereon; or if the adverse party
property alleged to be wrongfully detained and requiring the
so objects and the court affirms its approval of the
sheriff forthwith to take such property into his custody. (3a)
applicant's bond or approves a new bond, or if the adverse
Section 4. Duty of the sheriff. Upon receiving such order, party requires the return of the property but his bond is
the sheriff must serve a copy thereof on the adverse party, objected to and found insufficient and he does not forthwith
file an approved bond, the property shall be delivered to the When the writ of replevin is issued in favor of the Republic
applicant. If for any reason the property is not delivered to of the Philippines, or any officer duly representing it, the
the applicant, the sheriff must return it to the adverse filing of such bond shall not be required, and in case the
party. (6a) sheriff is sued for damages as a result of the replevin, he
shall be represented by the Solicitor General, and if held
Section 7. Proceedings where property claimed by third
liable therefor, the actual damages adjudged by the court
person. If the property taken is claimed by any person
shall be paid by the National Treasurer out of the funds to
other than the party against whom the writ of replevin had
be appropriated for the purpose. (7a)
been issued or his agent, and such person makes an
affidavit of his title thereto, or right to the possession Section 8. Return of papers. The sheriff must file the
thereof, stating the grounds therefor, and serves such order, with his proceedings indorsed, thereon, with the
affidavit upon the sheriff while the latter has possession of court within ten (10) days after taking the property
the property and a copy thereof upon the applicant, the mentioned therein. (8a)
sheriff shall not be bound to keep the property under
Section 9. Judgment. After trial of the issues the court
replevin or deliver it to the applicant unless the applicant or
shall determine who has the right of possession to and the
his agent, on demand of said sheriff, shall file a bond
value of the property and shall render judgment in the
approved by the court to indemnify the third-party claimant
alternative for the delivery thereof to the party entitled to
in a sum not less than the value of the property under
the same, or for its value in case delivery cannot be made,
replevin as provided in section 2 hereof. In case of
and also for such damages as either party may prove, with
disagreement as to such value, the court shall determine
costs. (9a)
the same. No claim for damages for the taking or keeping, of
the property may be enforced against the bond unless the Section 10. Judgment to include recovery against sureties.
action therefor is filed within one hundred twenty (120) The amount, if any, to be awarded to any party upon any
days from the date of the filing of the bond. bond filed in accordance with the provisions of this Rule,
The sheriff shall not be liable for damages, for the taking or shall be claimed, ascertained, and granted under the same
keeping of such property, to any such third-party claimant procedure as prescribed in section 20 of Rule 57. (10a)
if such bond shall be filed. Nothing herein contained shall
prevent such claimant or any third person from vindicating
his claim to the property, or prevent the applicant from RULE 63
claiming damages against a third-party claimant who filed a
DECLARATORY RELIEF AND SIMILAR REMEDIES
frivolous or plainly spurious claim, in the same or a
separate action. Section 1. Who may file petition. Any person interested
under a deed, will, contract or other written instrument, or
whose rights are affected by a statute, executive order or
regulation, ordinance, or any other governmental regulation exercise the power to declare rights and to construe
may, before breach or violation thereof bring an action in instruments in any case where a decision would not
the appropriate Regional Trial Court to determine any terminate the uncertainty or controversy which gave rise to
question of construction or validity arising, and for a the action, or in any case where the declaration or
declaration of his rights or duties, thereunder. (Bar Matter construction is not necessary and proper under the
No. 803, 17 February 1998) circumstances. (5a, R64)

An action for the reformation of an instrument, to quiet title Section 6. Conversion into ordinary action. If before the
to real property or remove clouds therefrom, or to final termination of the case, a breach or violation of an
consolidate ownership under Article 1607 of the Civil Code, instrument or a statute, executive order or regulation,
may be brought under this Rule. (1a, R64) ordinance, or any other governmental regulation should
take place, the action may thereupon be converted into an
Section 2. Parties. All persons who have or claim any
ordinary action, and the parties shall be allowed to file such
interest which would be affected by the declaration shall be
pleadings as may be necessary or proper. (6a, R64)
made parties; and no declaration shall, except as otherwise
provided in these Rules, prejudice the rights of persons not
parties to the action. (2a, R64)

Section 3. Notice on Solicitor General. In any action

which involves the validity of a statute, executive order or
regulation, or any other governmental regulation, the
Solicitor General shall be notified by the party assailing the
same and shall be entitled to be heard upon such question.
(3a, R64)

Section 4. Local government ordinances. In any action

involving the validity of a local government ordinance, the
corresponding prosecutor or attorney of the local
governmental unit involved shall be similarly notified and
entitled to be heard. If such ordinance is alleged to be
unconstitutional, the Solicitor General shall also be notified
and entitled to be heard. (4a, R64)

Section 5. Court action discretionary. Except in actions

falling under the second paragraph of section 1 of this Rule,
the court, motu proprio or upon motion, may refuse to
RULE 64 shall join as respondents the Commission concerned and
the person or persons interested in sustaining the
REVIEW OF JUDGMENTS AND FINAL ORDERS OR judgment, final order or resolution a quo. The petition shall
RESOLUTIONS OF THE COMMISSION ON ELECTIONS state the facts with certainty, present clearly the issues
AND THE COMMISSION ON AUDIT involved, set forth the grounds and brief arguments relied
upon for review, and pray for judgment annulling or
Section 1. Scope. This Rule shall govern the review of
modifying the questioned judgment, final order or
judgments and final orders or resolutions of the
resolution. Findings of fact of the Commission supported by
Commission on Elections and the Commission on Audit. (n)
substantial evidence shall be final and non-reviewable.
Section 2. Mode of review. A judgment or final order or
The petition shall be accompanied by a clearly legible
resolution of the Commission on Elections and the
duplicate original or certified true copy of the judgment,
Commission on Audit may be brought by the aggrieved
final order or resolution subject thereof, together with
party to the Supreme Court on certiorari under Rule 65,
certified true copies of such material portions of the record
except as hereinafter provided. (n; Bar Matter No. 803, 17
as are referred to therein and other documents relevant and
February 1998)
pertinent thereto. The requisite number of copies of the
Section 3. Time to file petition. The petition shall be filed petition shall contain plain copies of all documents
within thirty (30) days from notice of the judgment or final attached to the original copy of said petition.
order or resolution sought to be reviewed. The filing of a
The petition shall state the specific material dates showing
motion for new trial or reconsideration of said judgment or
that it was filed within the period fixed herein, and shall
final order or resolution, if allowed under the procedural
contain a sworn certification against forum shopping as
rules of the Commission concerned, shall interrupt the
provided in the third paragraph of section 3, Rule 46.
period herein fixed. If the motion is denied, the aggrieved
party may file the petition within the remaining period, but The petition shall further be accompanied by proof of
which shall not be less than five (5) days in any event, service of a copy thereof on the Commission concerned and
reckoned from notice of denial. (n) on the adverse party, and of the timely payment of docket
and other lawful fees.
Section 4. Docket and other lawful fees. Upon the filing
of the petition, the petitioner shall pay to the clerk of court The failure of petitioner to comply with any of the foregoing
the docket and other lawful fees and deposit the amount of requirements shall be sufficient ground for the dismissal of
P500.00 for costs. (n) the petition. (n)

Section 5. Form and contents of petition. The petition Section 6. Order to comment. If the Supreme Court finds
shall be verified and filed in eighteen (18) legible copies. The the petition sufficient in form and substance, it shall order
petition shall name the aggrieved party as petitioner and the respondents to file their comments on the petition
within ten (10) days from notice thereof; otherwise, the Section 1. Petition for certiorari. When any tribunal,
Court may dismiss the petition outright. The Court may board or officer exercising judicial or quasi-judicial
also dismiss the petition if it was filed manifestly for delay functions has acted without or in excess its or his
or the questions raised are too unsubstantial to warrant jurisdiction, or with grave abuse of discretion amounting to
further proceedings. (n) lack or excess of jurisdiction, and there is no appeal, or any
plain, speedy, and adequate remedy in the ordinary course
Section 7. Comments of respondents. The comments of
of law, a person aggrieved thereby may file a verified petition
the respondents shall be filed in eighteen (18) legible copies.
in the proper court, alleging the facts with certainty and
The original shall be accompanied by certified true copies of
praying that judgment be rendered annulling or modifying
such material portions of the record as are referred to
the proceedings of such tribunal, board or officer, and
therein together with other supporting papers. The requisite
granting such incidental reliefs as law and justice may
number of copies of the comments shall contain plain
require.
copies of all documents attached to the original and a copy
thereof shall be served on the petitioner. The petition shall be accompanied by a certified true copy of
the judgment, order or resolution subject thereof, copies of
No other pleading may be filed by any party unless required
all pleadings and documents relevant and pertinent thereto,
or allowed by the Court. (n)
and a sworn certification of non-forum shopping as
Section 8. Effect of filing. The filing of a petition provided in the third paragraph of section 3, Rule 46. (1a)
for certiorari shall not stay the execution of the judgment or
Section 2. Petition for prohibition. When the proceedings
final order or resolution sought to be reviewed, unless the
of any tribunal, corporation, board, officer or person,
Supreme Court shall direct otherwise upon such terms as it
whether exercising judicial, quasi-judicial or ministerial
may deem just. (n)
functions, are without or in excess of its or his jurisdiction,
Section 9. Submission for decision. Unless the Court sets or with grave abuse of discretion amounting to lack or
the case for oral argument, or requires the parties to excess of jurisdiction, and there is no appeal or any other
submit memoranda, the case shall be deemed submitted for plain, speedy, and adequate remedy in the ordinary course
decision upon the filing of the comments on the petition, or of law, a person aggrieved thereby may file a verified petition
of such other pleadings or papers as may be required or in the proper court, alleging the facts with certainty and
allowed, or the expiration of the period to do so. (n) praying that judgment be rendered commanding the
respondent to desist from further proceedings in the action
or matter specified therein, or otherwise granting such
RULE 65 incidental reliefs as law and justice may require.

CERTIORARI, PROHIBITION AND MANDAMUS The petition shall likewise be accompanied by a certified
true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and defined by the Supreme Court. It may also be filed in the
pertinent thereto, and a sworn certification of non-forum Court of Appeals whether or not the same is in aid of its
shopping as provided in the third paragraph of section 3, appellate jurisdiction, or in the Sandiganbayan if it is in aid
Rule 46. (2a) of its appellate jurisdiction. If it involves the acts or
omissions of a quasi-judicial agency, unless otherwise
Section 3. Petition for mandamus. When any tribunal,
provided by law or these Rules, the petition shall be filed in
corporation, board, officer or person unlawfully neglects the
and cognizable only by the Court of Appeals.
performance of an act which the law specifically enjoins as
a duty resulting from an office, trust, or station, or No extension of time to file the petition shall be granted
unlawfully excludes another from the use and enjoyment of except for compelling reason and in no case exceeding
a right or office to which such other is entitled, and there is fifteen (15) days. (4a) (Bar Matter No. 803, 21 July 1998;
no other plain, speedy and adequate remedy in the ordinary A.M. No. 00-2-03-SC)
course of law, the person aggrieved thereby may file a
Section 5. Respondents and costs in certain cases. When
verified petition in the proper court, alleging the facts with
the petition filed relates to the acts or omissions of a judge,
certainty and praying that judgment be rendered
court, quasi-judicial agency, tribunal, corporation, board,
commanding the respondent, immediately or at some other
officer or person, the petitioner shall join, as private
time to be specified by the court, to do the act required to
respondent or respondents with such public respondent or
be done to protect the rights of the petitioner, and to pay
respondents, the person or persons interested in sustaining
the damages sustained by the petitioner by reason of the
the proceedings in the court; and it shall be the duty of
wrongful acts of the respondent.
such private respondents to appear and defend, both in his
The petition shall also contain a sworn certification of non- or their own behalf and in behalf of the public respondent
forum shopping as provided in the third paragraph of or respondents affected by the proceedings, and the costs
section 3, Rule 46. (3a) awarded in such proceedings in favor of the petitioner shall
be against the private respondents only, and not against the
Section 4. When and where petition filed. The petition
judge, court, quasi-judicial agency, tribunal, corporation,
shall be filed not later than sixty (60) days from notice of
board, officer or person impleaded as public respondent or
the judgment, order or resolution. In case a motion for
respondents.
reconsideration or new trial is timely filed, whether such
motion is required or not, the sixty (60) day period shall be Unless otherwise specifically directed by the court where
counted from notice of the denial of said motion. the petition is pending, the public respondents shall not
appear in or file an answer or comment to the petition or
The petition shall be filed in the Supreme Court or, if it
any pleading therein. If the case is elevated to a higher
relates to the acts or omissions of a lower court or of a
court by either party, the public respondents shall be
corporation, board, officer or person, in the Regional Trial
included therein as nominal parties. However, unless
Court exercising jurisdiction over the territorial area as
otherwise specifically directed by the court, they shall not restraining order or a writ of preliminary injunction has
appear or participate in the proceedings therein. (5a) been issued against the public respondent from further
proceeding in the case. (7a)
Section 6. Order to comment. If the petition is sufficient
in form and substance to justify such process, the court Section 8. Proceedings after comment is filed. After the
shall issue an order requiring the respondent or comment or other pleadings required by the court are filed,
respondents to comment on the petition within ten (10) or the time for the filing thereof has expired, the court may
days from receipt of a copy thereof. Such order shall be hear the case or require the parties to submit memoranda.
served on the respondents in such manner as the court If after such hearing or submission of memoranda or the
may direct together with a copy of the petition and any expiration of the period for the filing thereof the court finds
annexes thereto. that the allegations of the petition are true, it shall render
judgment for the relief prayed for or to which the petitioner
In petitions for certiorari before the Supreme Court and the
is entitled.
Court of Appeals, the provisions of section 2, Rule 56, shall
be observed. Before giving due course thereto, the court The court, however, may dismiss the petition if it finds the
may require the respondents to file their comment to, and same to be patently without merit, prosecuted manifestly
not a motion to dismiss, the petition. Thereafter, the court for delay, or that the questions raised therein are too
may require the filing of a reply and such other responsive unsubstantial to require consideration. (8a)
or other pleadings as it may deem necessary and proper.
Section 9. Service and enforcement of order or judgment.
(6a)
A certified copy of the judgment rendered in accordance
Section 7. Expediting proceedings; injunctive relief. The with the last preceding section shall be served upon the
court in which the petition is filed may issue orders court, quasi-judicial agency, tribunal, corporation, board,
expediting the proceedings, and it may also grant a officer or person concerned in such manner as the court
temporary restraining order or a writ of preliminary may direct, and disobedience thereto shall be punished as
injunction for the preservation of the rights of the parties contempt. An execution may issue for any damages or costs
pending such proceedings. The petition shall not interrupt awarded in accordance with section 1 of Rule 39. (9a)
the course of the principal case unless a temporary