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Criminal Procedure: Rule 127 - Provisional Remedies in Criminal Cases


RULE 127
Provisional Remedies in Criminal Cases

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. 

Section 2. Attachment. — When the civil action is properly instituted in the criminal action as provided in Rule 111, the offended party may have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused in the following cases:
  1. When the accused is about to abscond from the Philippines;
  2. When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer, officer of a corporation, attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty;
  3. When the accused has concealed, removed, or disposed of his property, or is about to do so; and
  4.  When the accused resides outside the Philippines.

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