Years later, LCI filed in court a complaint for a sum of money, with an application for a writ of replevin. The court granted the application for a writ of replevin and directed its sheriff to seize and deliver the factory machineries to LCI.
It argued that, despite their agreement, the pieces of property sought to be seized are immovable as defined in Article 415 of the Civil Code, and thus cannot be made subjects of a writ of replevin.
A: A writ of replevin is a provisional court order that is issued for the recovery of personal property only.
The above, notwithstanding, may factory machines still be subject of a writ of replevin?
A writ of replevin is one such vehicle to obtain possession on an expedited basis.
[section] 78.01: "Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property ..." (4) As to who is entitled to possession of property, and thus entitled to obtain a writ of replevin, the cases address diverse situations.
[section] 78.055 sets forth the allegations which must be contained in a complaint if a party seeks a writ of replevin prior to a final judgment.
Second, [section] 78.068 is entitled "Prejudgment Writ of Replevin." This can leave the impression that the sole procedure for obtaining a writ of replevin prior to entry of a final judgment is set forth in [section] 78.068.
A judgment of foreclosure of the manager's liens was also entered, and a writ of replevin
Asked for the comment on the incident last Tuesday, INC spokesperson Edwil Zabala said their Writ of Replevin
was granted allowing them to recover the remaining INC cars inside the property.
In its decision, the court said the Urgent Ex Parte Motion to Withdraw Complaint dated march 25, 2015 filed by Michael Romero and his group is hereby granted; the Complaint [filed by Arellano] is dismissed on the ground that it has not jurisdiction over the complaint and the complaining corporation, HCPTI; the Writ of Replevin
is permanently cancelled; and the Motion to Expunge the Entry of Appearance filed by Paredes Garcia and Golez is denied.
On Thursday, Judge Fernando Elumba, of the Regional Trial Court Branch 42, issued a writ of replevin
(to recover pieces of personal property) that gave the court sheriff authority to seize the firearms from the Negros Occidental PNP last week and turn them over to the court.