RULE 60 Replevin necessary expenses for taking and keeping the same.

(4a)
Section 1. Application. — A party praying for the
recovery of possession of personal property may, at the Section 5. Return of property. — If the adverse party
commencement of the action or at any time before objects to the sufficiency of the applicant's bond, or of
answer, apply for an order for the delivery of such the surety or sureties thereon, he cannot immediately
property to him, in the manner hereinafter provided. require the return of the property, but if he does not so
(1a) object, he may, at any time before the delivery of the
property to the applicant, require the return thereof, by
Section 2. Affidavit and bond. — The applicant must filing with the court where the action is pending a bond
show by his own affidavit or that of some other person executed to the applicant, in double the value of the
who personally knows the facts: property as stated in the applicant's affidavit for the
delivery thereof to the applicant, if such delivery be
(a) That the applicant is the owner of the property
adjudged, and for the payment of such sum, to him as
claimed, particularly describing it, or is entitled may be recovered against the adverse party, and by
to the possession thereof; serving a copy of such bond on the applicant. (5a)
(b) That the property is wrongfully detained by the Section 6. Disposition of property by sheriff. — If
adverse party, alleging the cause of detention within five (5) days after the taking of the property by
thereof according to the best of his knowledge, the sheriff, the adverse party does not object to the
information, and belief ; sufficiency of the bond, or of the surety or sureties
thereon; or if the adverse party so objects and the court
(c) That the property has not been distrained or affirms its approval of the applicant's bond or approves
taken for a tax assessment or a fine pursuant to a new bond, or if the adverse party requires the return
law, or seized under a writ of execution or of the property but his bond is objected to and found
preliminary attachment, or otherwise placed insufficient and he does not forthwith file an approved
under custodia legis, or if so seized, that it is bond, the property shall be delivered to the applicant. If
exempt from such seizure or custody; and for any reason the property is not delivered to the
(d) The actual market value of the property. applicant, the sheriff must return it to the adverse
party. (6a)
The applicant must also give a bond, executed to the
adverse party in double the value of the property as Section 7. Proceedings where property claimed by
stated in the affidavit aforementioned, for the return of third person. — If the property taken is claimed by any
the property to the adverse party if such return be person other than the party against whom the writ of
adjudged, and for the payment to the adverse party of replevin had been issued or his agent, and such person
such sum as he may recover from the applicant in the makes an affidavit of his title thereto, or right to the
action. (2a) possession thereof, stating the grounds therefor, and
serves such affidavit upon the sheriff while the latter
Section 3. Order. — Upon the filing of such affidavit and has possession of the property and a copy thereof upon
approval of the bond, the court shall issue an order and the applicant, the sheriff shall not be bound to keep the
the corresponding writ of replevin, describing the property under replevin or deliver it to the applicant
personal property alleged to be wrongfully detained unless the applicant or his agent, on demand of said
and requiring the sheriff forthwith to take such property sheriff, shall file a bond approved by the court to
into his custody. (3a) indemnify the third-party claimant in a sum not less
Section 4. Duty of the sheriff. — Upon receiving such than the value of the property under replevin as
order, the sheriff must serve a copy thereof on the provided in section 2 hereof. In case of disagreement as
adverse party, together with a copy of the application, to such value, the court shall determine the same. No
affidavit and bond, and must forthwith take the claim for damages for the taking or keeping, of the
property, if it be in the possession of the adverse party, property may be enforced against the bond unless the
or his agent, and retain it in his custody. If the property action therefor is filed within one hundred twenty (120)
or any part thereof be concealed in a building or days from the date of the filing of the bond.
enclosure, the sheriff must demand its delivery, and if it The sheriff shall not be liable for damages, for the taking
be not delivered, he must cause the building or or keeping of such property, to any such third-party
enclosure to be broken open and take the property into claimant if such bond shall be filed. Nothing herein
his possession. After the sheriff has take possession of contained shall prevent such claimant or any third
the property as herein provided, he must keep it in a person from vindicating his claim to the property, or
secure place and shall be responsible for its delivery to prevent the applicant from claiming damages against a
the party entitled thereto upon receiving his fees and third-party claimant who filed a frivolous or plainly
spurious claim, in the same or a separate action.
When the writ of replevin is issued in favor of the
Republic of the Philippines, or any officer duly
representing it, the filing of such bond shall not be
required, and in case the sheriff is sued for damages as
a result of the replevin, he shall be represented by the
Solicitor General, and if held liable therefor, the actual
damages adjudged by the court shall be paid by the
National Treasurer out of the funds to be appropriated
for the purpose. (7a)

Section 8. Return of papers. — The sheriff must file the

order, with his proceedings indorsed, thereon, with the
court within ten (10) days after taking the property
mentioned therein. (8a)

Section 9. Judgment. — After trial of the issues the

court shall determine who has the right of possession to
and the value of the property and shall render judgment
in the alternative for the delivery thereof to the party
entitled to the same, or for its value in case delivery
cannot be made, and also for such damages as either
party may prove, with costs. (9a)

Section 10. Judgment to include recovery against

sureties. — The amount, if any, to be awarded to any
party upon any bond filed in accordance with the
provisions of this Rule, shall be claimed, ascertained,
and granted under the same procedure as prescribed in
section 20 of Rule 57. (10a)

Section 1. Application.

Section 2. Affidavit and bond.

Section 3. Order.

Section 4. Duty of the sheriff.

Section 5. Return of property.

Section 6. Disposition of property by sheriff.

Section 7. Proceedings where property claimed by

third person.

Section 8. Return of papers.

Section 9. Judgment.

Section 10. Judgment to include recovery against

sureties.