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    Case Doctrines Bumacod

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    Brigette Domingo

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    Case Doctrines Bumacod

    Uploaded by

    Brigette Domingo
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    11 views2 pages

    Case Doctrines Bumacod

    Uploaded by

    Brigette Domingo

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Bumacod, Joshua P.

    Receivership
    Ysasi v. Fernandez, GR No. L-28593 [1968]
    Purpose of Receivership
    Doctrine: Receivership has been rightfully tagged as a harsh remedy. It is to be warranted with
    extreme caution.The purpose of receivership, as a provisional remedy, is to preserve or protect
    the rights of the parties during the pendency of the main action. To apply this remedy to the
    case at hand is to lose sight of its purpose. At stake here are the husband's power of
    administration and the wife's right to be protected from abuse thereof. The wife's right rests
    upon proof of such abuse. Absent that proof, the wife's right does not exist.
    Receivership is also aimed at the preservation of, and at making more secure, existing rights.
    Certainly, it cannot be use as an instrument for the destruction of those rights.

    Commodities Storage v. Court of Appeals, GR No. 125008


    [1997]
    On Appointment of Receiver
    Doctrine: The general rule is that neither party to a litigation should be appointed as receiver
    without the consent of the other because a receiver should be a person indifferent to the parties
    and should be impartial and disinterested. The receiver is not the representative of any of the
    parties but of all of them to the end that their interests may be equally protected with the least
    possible inconvenience and expense.
    The power to appoint a receiver must be exercised with extreme caution. There must be a clear
    showing of necessity therefor in order to save the plaintiff from grave and irremediable loss or
    damage. It is only when the circumstances so demand, either because there is imminent danger
    that the property sought to be placed in the hands of a receiver be lost or because they run the
    risk of being impaired, endeavouring to avoid that the injury thereby caused be greater than the
    one sought to be avoided.

    Acuna v. Calauag, GR No. L-10736 [1957]


    On Jurisdiction with regard to Receivership
    Doctrine: Although the perfection of an appeal deprives the trial court of jurisdiction over the
    case, nevertheless, under the law, said court retains jurisdiction as regards the preservation of
    the property under litigation and involved in the appeal, including necessarily the authority to
    appoint a receiver who has the power to take and keep possession of the property in
    controversy.
    Bumacod, Joshua P.

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