On
Provisional Remedies in Criminal Cases

Rule 127 


Section 1. Availability of provisional remedies. — The provisional remedies in civil actions, insofar as they are applicable, may be availed of in connection with the civil action deemed instituted with the criminal action. (1a)

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



Bar Exam Question (1999)

Actions; Injunction (1999)

Will injunction lie to restrain the commencement of a criminal action? Explain.

Suggested Answer;

As a general rule, injunction will not lie to restrain a criminal prosecution except:

a) To afford adequate protection to the constitutional rights of the accused; 
b) When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions; 
c) When double jeopardy is clearly apparent; 
d) Where the charges are manifestly false and motivated by the lust for vengeance;
e) Where there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied.
(See cases cited in Roberts, Jr., vs. Court of Appeals, 254 SCRA 30)