A Writ of Replevin is a provisional remedy and a main action combined. It is a court order requiring the sheriff to seize specific personal property from the possession of the defendant and deliver it to the plaintiff, upon the plaintiff's compliance with certain legal requirements.
In the Philippines, this is governed primarily by Rule 60 of the Rules of Court.
I. Requirements for Filing a Writ of Replevin
To successfully apply for a Writ of Replevin, the plaintiff (the person seeking the return of the property) must file an application at any time before the defendant files an Answer. This application must be supported by an Affidavit of Merit.
1. The Affidavit of Merit
The affidavit must contain specific allegations, otherwise, the application will be denied. It must state:
- Ownership or Right of Possession: That the plaintiff is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof.
- Wrongful Detention: That the property is wrongfully detained by the adverse party, alleging the cause of detention according to the best of the plaintiff's knowledge, information, and belief.
- Non-Seizure for Legal Debts: That the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or seized under a writ of execution or preliminary attachment against the property of the plaintiff.
- Actual Value: The actual market value of the property. This is crucial as it determines the bond amount and the jurisdiction of the court.
II. The Replevin Bond
One of the strictest requirements for the issuance of the writ is the posting of a Replevin Bond.
1. The Bond Amount
Under Rule 60, Section 2, the bond must be double the value of the property as stated in the affidavit.
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2. Purpose of the Bond
The bond serves as a guarantee to the defendant. It is executed to the adverse party to ensure:
- The return of the property to the defendant if the return is adjudged;
- The payment to the defendant of such sum as he may recover from the plaintiff in the action; and
- The payment of costs.
If the plaintiff fails to provide this bond, the court will not issue the order for the sheriff to take the property.
III. Procedure and Implementation
Once the affidavit is filed and the bond is approved, the court issues an Order of Replevin.
- Service of the Warrant: The sheriff serves a copy of the order, the affidavit, and the bond on the defendant.
- Seizure: The sheriff takes the property into custody.
- The Five-Day Retention Period: The sheriff must retain the property for five days. During this window, the defendant has the right to object to the sufficiency of the bond or the plaintiff's right to possession.
IV. The Redelivery Bond (Counter-Bond)
If the defendant wants to keep the property while the main case is being litigated, they may file a Redelivery Bond.
- Timing: This must be done within five days after the sheriff takes the property.
- Amount: Like the plaintiff's bond, the counter-bond must also be double the value of the property.
- Effect: Upon acceptance of the redelivery bond, the sheriff returns the property to the defendant.
V. Jurisdiction and Venue
The value of the property also dictates which court has jurisdiction over the case:
| Property Value | Court |
|---|---|
| P2,000,000 and below | Metropolitan Trial Courts (MeTC), Municipal Trial Courts (MTC) |
| Above P2,000,000 | Regional Trial Courts (RTC) |
Note: These jurisdictional thresholds are based on R.A. 11576, which expanded the jurisdiction of lower courts.
VI. Summary of Key Legal Principles
- Limited to Personal Property: Replevin applies only to movable (personal) property. It cannot be used for real estate (land/buildings).
- Provisional Nature: The delivery of the property to the plaintiff is only temporary. The final ownership and right of possession are determined after a full trial on the merits.
- Strict Compliance: Because Replevin is a "harsh" remedy (it takes property away before a final judgment), courts require strict adherence to the affidavit and bond requirements. Failure to allege that the property was not taken for tax assessments or under execution is a fatal defect.