PROVISIONAL REMEDIES (Rule 58)

RULE 58 PRELIMINARY INJUNCTION Section 1. Preliminary injunction defined; classes. - A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it shall e !nown as preliminary mandatory injunction.

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PRELIMINARY INJUNCTION is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts or to require the performance of a particular act or acts. - is sometimes called strong arm of equity. Q: What are the changes there? A: The ord ! final order! as not found in the "#$% &ules. And then, the ne &ule says, you can issue a rit of preliminary injunction not only against a party 'ut e(en to a court or agency. TYPES OF INJUNCTION: ". PRELIMINARY INJUNCTION ). FINAL INJUNCTION 2 TYPES OF PRELIMINARY INJUNCTION: ". PREVENTIVE PRELIMINARY INJUNCTION ). MANDATORY PRELIMINARY INJUNCTION Q: What is a pre(enti(e preliminary injunction? A: A pre(enti(e preliminary injunction is one hich requires a person to refrain from doing a particular act or acts. *The Ten +ommandments is a pre(enti(e injunction. ,uh- ./,01 Q: What is a mandatory preliminary injunction? A: A mandatory preliminary injunction is one hich requires a person to perform a particular act or acts. Q: What is a 234A5 34674+T384? A: A final injunction is one hich is included in the judgment as the relief or part of the relief granted as the result of the case. 2inal injunction is the one mentioned section # of this &ule --- tapos na ang 9aso. Section 9: When final injunction granted. - If after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently enjoined, the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts or confirming the preliminary mandatory injunction. That is not a pro(isional remedy. That is the main relief. :o, the preliminary injunction 'ecomes no total and permanent. :o, if 3 ant to permanently stop you from doing an act 3 main action for injunction. And if 3 ant to pray, ill ha(e to file a case for injunction, hich is a

hile the case is going on that you should 'e also pre(ented from doing the same

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act---3 ha(e to apply for a rit of preliminary injunction. ;aya sa ci(il, it is orded this ay: +i(il case for injunction ith rit of preliminary injunction. The injunction is the final injunction and the rit is the pro(isional one. :o the former is the main relief hile the latter is the temporary relief. Purpose of prel ! "#r$ "%u"&' o": To maintain the status quo 'et een the parties in relation to the su'ject matter. :o, to maintain the status quo. STATUS (UO is the last peacea'le and uncontested status of the parties case from the contro(ersy. hich preceded the pending

<ecause status quo may 'e preceded li9e, the squatters entering your land, so nasa loo' na sila. :o you as9 for preliminary injunction--- so status quo. :a'i ng mga squatters, /status quo--- e ill remain in the land-= 8f course, that is not the purpose. The purpose is to 'ring you out 'ecause the status quo is the last peacea'le , uncontested status of the parties hich preceded the pending action or prior to the case. >(en in the la'or case, magulo iyan eh, yong last peacea'le and uncontested status. An e?ample of injunction in 5a'or case, iyong assumption of jurisdiction 'y the :ecretary of 5a'or. 3n hich the :ecretary of 5a'or assumes jurisdiction in cases of national interest. Ano iyon ? When there is a threatened stri9e --- injunction- And if there is already a stri9e, stri9e is lifted and the employee must ha(e to go 'ac9 to or9 and the management ill accept those employees under the terms and conditions 'efore the stri9e. Section ". #ho may grant preliminary injunction. - A preliminary injunction may e granted y the court where the action or proceeding is pending. If the action or proceeding is pending in the $ourt of Appeals or in the Supreme $ourt, it may e issued y said court or any mem er thereof. Q: Who may grant a preliminary injunction? A: ". The court here the case is pending. ). +A. @. :+. E)PORT PROCESSIN* +ONE AUT,ORITY -EP+A. /s0 C,R Apr l 123 1442 FACTS: When ordered to stop, the occupants of the e?port processing Aone authority in the >BCA land here the occupants filed a case in the +,& .+ommission on ,uman &ights0, the +,& issued a rit of injunction or restraining order against the supposed (iolators of human rights to compel them to cease and desist from continuing the acts complained of, and the authority of the +,& to issue an injunction as challenged. Does it ha(e an authority ? And the +,& said, yes---'ecause under the +onstitution the principal function of the +,& is not merely limited in ha(ing in(estigation. 3t is mandated among others to pro(ide appropriate legal measures for the protection of the human rights of all persons ithin the Bhilippines as ell 2ilipino a'road. And to pro(ide for pre(enti(e measures and legal aid ser(ices to the under pri(ileged hose human rights ha(e 'een (iolated. ISSUE: Does the +,& ha(e the po er to issue a rit of injunction? ,ELD: The +,& is rong 'ecause as earlier ruled in the case of CARIO VS0 C,R, the +,& is not a court of justice and it is not e(en a quasi-judicial 'ody. The +onstitutional pro(isions cited may not 'e construed to compel jurisdiction of the +,& to issue restraining order or injunction 'ecause if that as the intention the +onstitution ould ha(e especially said so.

PROVISIONAL REMEDIES (Rule 58)

6urisdiction is conferred only 'y the +onstitution and 'y the la implication. and is ne(er deri(ed 'y hich the

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Q: What is the meaning of the term pre(enti(e measures or legal measures +,& is allo ed to pro(ide under the +onstitution?

A: >(idently, that phrase refers to e?tra judicial and judicial remedies including a preliminary rit of injunction hich the +,& has to see9 from the proper courts on 'ehalf of the (ictims of human right (iolations. :o, the +,& not 'eing a court of justice has no jurisdiction to issue the rit 'ecause under :ection ) of &ule EF, 5A 6r ' of prel ! "#r$ "%u"&' o" !#$ o"l$ 7e ssue8 7$ # %u89e or %us' &es of CA or SC05 Section %. &rounds for issuance of preliminary injunction.-A preliminary injunction may e granted when it is esta lished' a( )hat the applicant is entitled to the relief demanded, and the whole part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts either for a limited period or perpetually; ( )hat the commission, continuance, or non-performance of the act or acts complained of during the litigation would pro a ly wor! in justice to the applicant; or c( )hat a party, court, agency, or a person is doing, threatening, or is attempting to do, or is procuring or suffering to e done, some act or acts pro a ly in *iolation of the rights of the applicant respecting the su ject of the action or proceeding, and tending to render the judgment ineffectual. +%a( This :ection has some minor changes. Q: Ano ang changes ? A: They added the ord: non-performance. That is hy they emphasiAed the essence of mandatory, eh:o, f there is preliminary pre(enti(e, there is also, preliminary mandatory. Q: What is the area of enforcea'ility of a rit of injunction? A: Go 'ac9 to the 3nterim &ules, :ection @-A. 3f the rit of preliminary injunction is issued 'y the :+ and +A, there is no pro'lem. That is enforcea'le throughout the country. Q: What a'out an injunction issued 'y the &T+? A: 3t cannot 'e enforced outside the region here such &T+ is located. Well, there is 84> >H+>BT384. That is in the case of EM:ASSY FARMS3 INC /s0 CA3 188 SCRA 242 reiterating the earlier case of DA*UPAN ELECTRIC CORP0 /s0 PAO3 45 SCRA ;4<. And here is the 'est e?ample: A corporation has e?tensi(e agricultural operation for e?ample in Iindanao. <ut the head office is in Ia9ati. The management of the company in Ia9ati arri(es at a decision regarding certain operations of their 'usiness in Iindanao. and the aggrie(ed party files a case in the &T+ of Ia9ati and sought the issuance of a rit of preliminary injunction against the corporation. And the Ia9ati court issued a in Iindanao. rit of injunction here the act sought to 'e enjoined is not in Ia9ati 'ut

Q: 3s the issuance of the rit of injunction of the Ia9ati court proper? A: And the court said, J>:- While it is true that the act to 'e restrained is going to 'e done in

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Iindanao 'ut all the instruction and decision and decision are coming from Ia9ati. :o, the Ia9ati court can enjoin. That is the e?ception to the &ule that the &T+ injunction is only enforcea'le ithin the region.

No'e: &,-,.A/ .0/,' -o court can issue a writ of preliminary injunction to interfere with the judgments, processes of a co-equal court. :o, the &T+ cannot enjoin another &T+. Also, the &T+ cannot enjoin actsKproceedings in connection ith a case pending 'efore a co-equal quasi-judicial 'ody. 5i9e for e?ample: the &T+ cannot enjoin the 5a'or ar'iter. The &T+ cannot enjoin the :>+. <ecause these are co-equal 'odies. :o, for e?ample in case of judgment against you in Ianila and the :heriff is no claiming your property and you ant to question the act of the :heriff 'ecause your property as le(ied. Jou file your case in Da(ao to stop the e?ecution. 3f there is any irregularity, you 'etter go 'ac9 and see9 relief from the court hich issued the e?ecution. ,1$,P)I2-' That situation that no court can interfere in the process of a co-equal court should not 'e conferred the situation hich is contemplated in the case of M#" l# ,er#l8 /s0IAC 1<< SCRA 121. ith

Iind you, all the cases as9ed in the <ar ere ta9en from the e?ception and not from the general rule. M#" l# ,er#l8 /s0IAC 1<< SCRA 121. 2A+T:: A filed a case against < in Da(ao. < lost the case. :o, a rit of e?ecution as issued 'y the court to the sheriff. The sheriff le(ied certain properties of <. 4o , here comes +. According to +, the property le(ied ere not o ned 'y < 'ut 'y him .+0 --- @rd person, di 'a ? And under the &ule, nothing ill pre(ent him from filing a separate action to raise the question of o nership. :o + filed a case 'efore another court to annul the le(y made 'y the sheriff on his property and to stop him from continuing ith the auction sale. 4o , according to A, the court has no jurisdiction to issue the injunction 'ecause it ill 'e an interference ith the process of the court to render judgment. Q: Can the court validly issue the injunction A: 8f course many remem'ered the general rule thatthe court cannot for it ill 'e an interference. That is rong. &emem'er, in those cases ith interference there is no @rd person in(ol(ed. 3to meron. 3t is not < the defendant questioning the le(y, it as +, ho is not a party, as9ing to stop the le(y. :o, the :+ said: The @rd party can file a separate case. Q: 3s that not an interference? A: 4o- 3t is not an interference 'ecause in the judgment ordering the issuance of the rit of e?ecution issued 'y the court in fa(or of A, the :heriff is commanded to le(y on the properties of < and not ordered to le(y on the properties of +. :o, if the sheriff ill le(y on the property of + *or H or W1 --- that is not part of the rit. :o, + can question that and he is not interfering. 8ne thing important a'out injunction is that there are t o requisites: T=O RE(UISITES IN INJUNCTION: ". The plaintiff must clearly sho the e?istence of a right sought to 'e protected. ). And the injunction is directed against the (iolation of the said right. :o there must 'e a right sought to 'e protected. 3f there is no right could 'e no injunction. An e?ample is the case of hich ought to 'e protected, there

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SARENO V0 DICTADO 1;> SCRA ?54 FACTS: :areno as elected as mayor, he as proclaimed as the later, the losing candidate filed an election protest 'efore the &T+. inner. 2i(e days

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6udge Dictado issued a rit of preliminary injunction to stop :areno from assuming office pending resolution of the case .election protest0. ,ELD: 6udge Dictado committed gra(e a'use of discretion and acted in e?cess of jurisdiction. The reason is that the pendency of the election protest is not a sufficient 'asis to enjoin :areno from assuming office as required 'y la . The efficiency of pu'lic administration should not 'e impaired until and unless the election protest is decided against :areno. During the pendency of the case, he has the la ful right to assume and perform the duties of a mayor. The claim of the losing candidate to the contested office is a contingent right hich could only ripen into an actual right hen judgment is rendered to this effect. ,is alleged right has not 'een clearly esta'lished against :areno hose right is actually e?isting. An injunction is not proper to protect contingent or future rights nor is it a remedy to enforce an a'stract right. Distinguish the case of :areno from: YU /0 COURT OF APPEALS 21? SCRA <28 FACTS: Ju is the e?clusi(e distri'utor of a certain product here in the Bhilippines. ,e disco(ered that another 'usinessman is selling the same product ithin the country. ,e filed a case against the other 'usinessman and sought an injunction against the latter from selling said product. ,ELD: 3njunction is an appropriate remedy to pre(ent the rongful interference ith contracts 'y strangers here other remedies are not sufficient and the resulting injury is irrepara'le. The right to an e?clusi(e distri'utorship and to raise profits resulting from such performance are proprietary rights hich may 'e protected.

I"s'#"&es 6@ere '@e ssu#"&e of "%u"&' o" 6#s @el8 'o 7e proper: "0 3n petitions for certiorari or prohi'ition and mandamus. )0 3n an action to annul a judgment or enjoin its enforcement. I"s'#"&es 6@ere "%u"&' o" s "#ppropr #'e: "0 3njunction is inappropriate in enjoining an act hich is already consummated.

)0 A criminal prosecution cannot 'e enjoined or restrained. Jou cannot pre(ent the fiscal from conducting criminal in(estigation and the court cannot pre(ent him from conducting an in(estigation. The remedy is to go to his superior or if you 'elie(e that there is no case, the remedy is to go to trial. <ut the general rule: The criminal prosecution cannot 'e enjoined. <ut there are eA&ep' o"s :

PROVISIONAL REMEDIES (Rule 58)

:ROCBA /s ENRILE De&e!7er 1>3 144> -142 SCRA 18<.

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,ELD: The primary issue here is the legality of enjoining the criminal prosecution of a case, since the t o other issues raised 'y <roc9a, et al. are matters of defense against the sedition charge. We rule in fa(or of <roc9a, et al. and enjoin their criminal prosecution for the second offense of inciting to sedition. 3ndeed, the general rule is that criminal prosecution may not 'e restrained or stayed 'y injunction, preliminary or final. There are ho e(er e?ceptions, among hich are: a. To afford adequate protection to the constitutional rights of the accused ! '. When necessary for the orderly administration of justice or to a(oid oppression or multiplicity of actions ! c. When there is a pre-judicial question hich is su' judice d. When the acts of the officer are ithout or in e?cess of authority e. Where the prosecution is under an in(alid la , ordinance or regulation f. When dou'le jeopardy is clearly apparent ! g. Where the court has no jurisdiction o(er the offense h. Where it is a case of persecution rather than prosecution i. Where the charges are manifestly false and moti(ated 'y the lust for (engeance, and j. When there is clearly no prima facie case against the accused and a motion to quash on that ground has 'een denied. 3n the petition 'efore us, <roc9a, et al. ha(e cited the circumstances to sho that the criminal proceedings had 'ecome a case of persecution, ha(ing 'een underta9en 'y state officials in 'ad faith.

ALLADO /s DIOBNO M#$ 53 1442 -2<2 SCRA 142. FACTS: T o la yers, assistants of :alonga ere charged of murder for the alleged 9idnapping of a German. :alonga as9ed to stop the criminal prosecution. ,ELD: The facts of this case are fatefully distressing as they sho case the seeming immensity of go(ernment po er hich hen unchec9ed 'ecomes tyrannical and oppressi(e. The case 'efore us, if uncur'ed, can 'e illustrati(e of a dismal trend. 4eedless injury of the sort inflicted 'y go(ernment agents is not reflecti(e of responsi'le go(ernment. 6udges and la enforcers are not, 'y reason of their high and prestigious office, relie(ed of the common o'ligation to a(oid deli'erately inflicting unnecessary injury. Berhaps, this case ould not ha(e reached this +ourt if petitioners ere ordinary people su'missi(e to the dictates of go(ernment. They ould ha(e 'een illegally arrested and detained ithout 'ail. Then e ould not ha(e the opportunity to rectify the injustice. 2ortunately, the (ictims of injustice are la yers ho are (igilant of their rights, ho fight for their li'erty and freedom not other ise a(aila'le to those ho co(er in fear and su'jection. @0 A mandatory injunction cannot 'e issued to compel one spouse to coha'it ith the other. :o, you cannot compel the ife. Jou are here'y enjoined to coha'it your hus'and. ,indi yun pu ede. Although she is o'liged under the la to li(e ith his hus'and 'ut no amount of court order can force the ife to return to her hus'and 9ung aya niya. Although there are other sanctions 'ut not injunctions.

5et us go to MANDATORY INJUNCTION. This is rarer than a pre(enti(e preliminary injunction. The guidelines for its issuance is also strict.

PROVISIONAL REMEDIES (Rule 58)

PURPOSE: is to re-esta'lish and maintain a pre-e?isting right rather than to create a ne relationship 'et een them. 3f there is already an e?isting relationship mandatory injunction. hich

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as ar'itrarily interrupted 'y you, 3 can file for

Q: When may a court issue a preliminary mandatory injunction? A: ". 3n cases of e?treme urgency. ). Where the right is (ery clear. PROSPERITY CREDIT RESOURCES3 INC0 /s CA3 J#"u#r$ 15314440 The right of the complainant must 'e clear and unmista9a'le 'ecause, unli9e an ordinary preliminary injunction, the rit of preliminary mandatory injunction requires the performance of a particular act or and thus tends to do more than maintain the status quo. @. Where consideration of relati(e incon(enience 'ears strongly in complainantLs fa(or. %. Where there is a illful and unla ful in(asion of plaintiffsM right against his protest and remonstrance, the injury 'eing a continuing one. E. Articles E@# and "$N% of the +i(il +ode hich e?pressly direct the issuance of mandatory injunction. EA#!ple: A possessor depri(ed of his possession 'y forci'le entry may, ithin so many days, file a complaint in the proper court and as9 for a rit of mandatory injunction to restore him in his possession. And also, in different cases here the defendant appealed, the lessor can as9 the appellate court to issue a mandatory injunction if the appeal is fri(olous or dilatory. Those are the instances hen the la e?pressly grants the remedy. $. Where the effect of mandatory injunction is rather to re-esta'lish and maintain a pre-e?isting continuing relation 'et een the parties recently and ar'itrarily interrupted 'y the defendant. The e?ample as9ed in the <ar many times, MERALCO VS0 CA, here the electric po er of the defendant as disconnected 'y Ieralco, Then he filed a case questioning the act of Ieralco, and he has e(idence to sho that he has paying his 'ills. :omething happened some here. 3f he ill ait for the time of judgment to 'e rendered, that ould ta9e years. While the case is going on, he can file for a mandatory injunction to reconnect. Another e?ample as the case of LEVI VS0 VALENCIA, here 5e(i as the o ner of a 'roadcasting company. The go(ernment raided his radio station and got his transmitter and cut do n the po er of his transmitter. ,e questioned all these acts and in the meantime, he filed for mandatory injunction to allo him to continue 'roadcasting 'ecause he has contracts ith ad(ertisers to comply ith . The :+ said, hen the petitioner as not a'le to continue 'roadcasting due to seiAure of his radio transmitter, this affects his contractual relations ith third persons. The court is justified to issuing a mandatory injunction. S,$. 3. 4erified application and ond for preliminary injunction or temporary restraining order. - A preliminary injunction or temporary restraining order may e granted only when' a.( )he application in the action or proceeding is *erified and shows facts entitling the applicant to the relief demanded; and .( 0nless e5empted y the court, the applicant files with the court where the action or proceeding is pending, a ond e5ecuted to the party or person enjoined, in an amount to e fi5ed y the court, to the effect that the applicant will pay to such party or person all damages which he may sustain y reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled thereto. 0pon appro*al of the requisite ond, a writ of preliminary injunction shall e issued. c.( #hen an application for a writ of preliminary injunction or a temporary

PROVISIONAL REMEDIES (Rule 58)

restraining order is included is a complaint or any initiatory pleading, the case, if filed in an multiple-sala court, shall e raffled only after notice to and in the presence of the ad*erse party of the person to e enjoined. In any e*ent, such notice shall e preceded, or contemporaneously accompanied, y the ser*ice of summons, together with a copy of the complainant or initiatory pleading and the applicants affida*it and ond, upon the ad*erse party in the Philippines. 6owe*er, where the summons could not e ser*ed personally or y su stituted ser*ice despite diligent efforts, or the ad*erse party is a resident of the Philippines temporarily a sent therefrom or is a non-resident thereof, the requirement of prior contemporaneous ser*ice of summons shall not apply. d.( )he application of a temporary restraining order shall thereafter e acted upon only after all parties are heard in a summary hearing which shall e conducted within twenty four +"3( hours after the sheriff7s return of ser*ice and8or the records are recei*ed y the ranch selected y raffle and to which the records shall e transmitted immediately. Sec. 9. Preliminary injunction not granted without notice; e5ception. - -o preliminary injunction shall e granted without hearing and prior notice to the party or person sought to e enjoined. If it shall appear from the facts shown y affida*its or y the *erified application that great or irrepara le injury would result to the applicant efore the matter can e heard on notice, the court to which the application for preliminary injunction was made, may issue e5 parte a temporary restraining order to e effecti*e only for a period of )wenty +":( days from ser*ice on the party or person sought to e enjoined, e5cept as herein pro*ided. #ithin the twenty day period, the court must order said party or person to show cause, at a specified time and place, why the injunction should not e granted, determine within the same period whether or not the preliminary injunction shall e granted, and accordingly issue the corresponding order. 6owe*er, and su ject to pro*isions of the preceding sections, if the matter is of e5treme urgency and the applicant will suffer gra*e injustice and irrepara le injury, the e5ecuti*e judge of a multiple sala court or the presiding judge of a single sala court may issue e5 parte a temporary restraining order effecti*e only for se*enty two +;"( hours from issuance ut he shall immediately comply with the pro*isions of the ne5t preceding sections as to ser*ice of summons and the documents to e ser*ed therewith. )hereafter, within the aforesaid se*enty two +;"( hours, the judge efore whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall e e5tended until the application for preliminary injunction can e heard. In no case shall the total period of effecti*ity of the temporary restraining order e5ceed twenty +":( days, including the original se*enty two +;"( hours pro*ided herein. In the e*ent that the application for preliminary injunction is denied or not resol*ed within said period, the temporary restraining order is deemed automatically *acated. )he effecti*ity of a temporary restraining order is not e5tendi le without need of any judicial declaration to that effect and no court shall ha*e authority to e5tend or renew the same on the same ground for which it was issued. 6owe*er, if issued y the $ourt of Appeals or a mem er thereof the temporary restraining order shall e effecti*e for si5ty +<:( day from ser*ice on the party

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PROVISIONAL REMEDIES (Rule 58)

or person sought to e enjoined. A restraining order issued $ourt or a mem er thereof shall e effecti*e until further orders. y the Supreme

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:ections % and E ere ta9en from e?isting :+ circulars particularly A+ )O-#E. The trou'le is specially section %, the committee ho drafted the ne rules inserted so many rules here that it 'ecomes so hard to understand. Actually, it has 'ecome (ague. 5et us proceed ith the 'asics. :ome of hich e ha(e already learned. Q: What are the requirements for the issuance of the rit of preliminary injunction? A: 5etters a and ' of :ection %. ". A (erified application stating the facts sho ing the e?istence of a right sought to 'e protected. >?ample: A local 'usinessman entered into a contract ith a foreign supplier of items. ,e 'ecame the e?clusi(e distri'utor. ,o e(er, another 'usinessman is selling the same product. Does he ha(e right to enjoin that another 'usinessman? Jes. <ecause he has a right sought to 'e protected. ). <ond. =' $an a writ of Preliminary Injunction e issued e5 parte - without hearing > ithout hearing and further

A: 48. :ection E is (ery clear. 4o preliminary injunction to 'e granted notice to parties sought to 'e enjoined. :o, the 2ilin(est ruling, +uartero, Da(ao light ruling are not applica'le.

There must 'e a hearing, presentation of e(idence. 8f course, in the presentation of e(idence since you are only as9ing for an injunction, the e(idence should only 'e a sample, 'ecause if you ill present your entire e(idence you are no longer as9ing for an injunction 'ut a decision. That as e?plained 'y the :+ in the "##@ case of SYNDICATED MEDIA ACCESS CORP0 /s CA 214 SCRA ?82 ,ELD: While the e(idence to 'e su'mitted in the hearing for the motion for preliminary injunction need not 'e conclusi(e or complete, the e(idence needed may only 'e a sampling and intended merely to gi(e the court an idea of justification for preliminary injunction pending the decision of the case on the merits, still such e(idence must stand on admissi'le grounds an not one hich is merely hearsay. The analogy is the same in case of petition for 'ail in criminal procedure. Q: What happens if great or irrepara'le injury ould result to the applicant 'efore the matter can 'e heard, meaning, 'efore the preliminary injunction can 'e acted upon. 3s there a remedy temporarily? A: J>:. Jou as9 for a temporary restraining order. That is the pro(isional remedy of the pro(isional remedy. And the grounds for injunction are found in :ection @. The ground for a temporary restraining order is that great or irrepara'le injury ould result to the plaintiff 'efore the matter can 'e heard. :o, the temporary restraining order may 'e issued e? parte 'ut it has only a duration of )O days. As stated 'y the :+ and emphasiAed in the @rd paragraph of section E, the effecti(ity of the T&8 is une?tendi'le ithout the need of judicial declaration to that effect and no court shall ha(e the authority to e?tend the same on the same grounds. There is no such thing as an e?tended T&8. This as ta9en from judicial declarations.

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There seems to 'e A4 >H+>BT384. 8ne of them is cited in the case of FEDERATION OF LAND REFORM FARMERS OF T,E P,ILS0 /s0 CA 22; SCRA 1?5 -1442.0 ,ELD: 8rdinarily, the efficacy of the T&8 is non-e?tendi'le, and the courts ha(e no discretion to e?tend the same considering the mandatory tenor of the rule. ,o e(er, there is no reason to pre(ent the court from e?tending the )O-day period hen the parties themsel(es as9 for some e?tension for the maintenance of the status quo. <ecause of A+ )O-#E hich has 'een incorporated in sections % P E, the :+ created a second type of T&8, the so called N)-hour T&8. <ecause hen you file a case, it has not yet 'een raffled. :o u"8er C r&ul#r 2>C453 '@e eAe&u' /e %u89e " # !ul' Cs#l# &our' &#" ssue eA p#r'e # 'e!por#r$ res'r# " "9 or8er 7u' o"l$ 9oo8 for ?2 @ours or '@ree 8#$s0 And then ithin )% hours, the other party must 'e notified. There must 'e a special raffling ithin )% hours. and then the judge must conduct a summary hearing 'ased on the arguments only, in order to determine hether the temporary restraining order should 'e e?tended 'eyond N) hours.

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T6o D "8s of 'e!por#r$ res'r# " "9 or8er: ". 3ssued 'y an e?ecuti(e judge (alid only for N) hours. ). After summary hearing, the judge ill no e?tend and the e?tension should not 'e more than )O days. The N) hours is already included in the )O days. :o in effect, the e?tension is only for "N days, and the total life of the T&8 is )O days. !. "istinguish a writ a preliminary injunction from a temporary restraining order. 8ne requires a hearing, the other may issued e? parte. Generally, preliminary injunction is indefinite until dissol(ed. 4ormally, a preliminary injunction requires a 'ond, a temporary restraining can 'e issued Kout a 'ond. <ut there is second question. #. "istinguish a ).2 issued y an e5ecuti*e judge from a ).2 issued y an ordinary judge. The former is good for N) hrs. and the latter for )O days including the first N) hrs. The former is issued 'efore raffling and the latter after raffling. The former is e?-parte and the latter is after summary hearing. 2or the N)-hr T&8, the ground is e?treme urgency. And the ground for the )O-day T&8 is that gra(e and irrepara'le injury ould result 'efore the matter can 'e heard. :o )O days if issued 'y the IT+ or &T+. Q: ,o a'out a T&8 issued 'y the +A? A: Jou ha(e the last paragraph, it is no effecti(e for $O days from ser(ice to the parties. The case of Del'ros ,otel +orp. is a'rogated 'ecause under the said case the lifetime of the temporary restraining order issued 'y the +A is only )O days. :o from )O to $O days. Q: ,o a'out a T&8 issued 'y the :+ ? A: This time it is indefinite. 3t shall effecti(e until the case is decided. Actually, The :+ can gi(e a deadline. :ometimes after further orders, sometimes they can limit it. Q: 3s there a necessity of a 'ond? A: A 'ond is required for only a preliminary injunction and as a rule there is no 'ond for a T&8. Jou loo9 at par. a, !and the amount fi? 'y court.....! so the 'ond can no 'e imposed for a T&8 hen actually it is only for injunction as a rule.

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Iay'e hat is intended 'y the la , N) hrs. then you as9 for an e?tension up to another N days, so "O days. Then after "O days, e?tension again. That is allo ed 'ecause it is up to )O days. Then you gi(e a 'ond for the second e?tension. The court is no empo er to fi? a 'ond for the T&8. <ut definitely in injunction there is a 'ond. <ut you loo9 at the opening clause of par. ' !unless e?cepted 'y the court.! that means to say there are instances hen the court may e?empt the petitioner form putting up a 'ond in injunction hen under the rule there is none. That is a radical change. Ta9e note: Generally. An injunction requires a 'ond unless e?empted 'y the court. 7nder par. c of section %, the last part has incorporated a portion of the Da(ao 5ight ruling. A T&8 must 'e ser(ed prior or contemporaneously ith the summons. Jou can not ser(e the T&8 ahead. 3t must 'e ser(ed prior to the summons or at least contemporaneously. Sec. <. &rounds for o jection to, or for motion of dissolution of, injunction or restraining order. - )he application for injunction or restraining order may e denied, upon a showing of its insufficiency. )he injunction or restraining order may also e denied ,or, if granted, may e dissol*ed on other grounds upon affida*its of the party or person enjoined, which may e opposed y the applicant also y affida*its. It may further e denied, or, if granted, may e dissol*ed if it appears hearing that although the applicant is entitled to the injunction or restraining order, the issuance or the continuance thereof, as the case may e, would cause irrepara le damage to the party or person enjoined while the applicant can e fully compensated for such damages as he may suffer, and the former files a ond in an amount fi5ed y the court conditioned that he will pay all damages which the applicant may suffer y denial or dissolution of the injunction and restraining order. If it appears that the e5tent of the preliminary injunction or restraining order granted too great, it may e modified. Q: What are the grounds for the dissolution of a rit of preliminary injunction or o'jection to its issuance? A: That is under :ec. $. ". When the insufficiency of the application is sho n 'y the application itself. The petition has no 'asis. ). 7pon affida(its of the party or person enjoined, hich may 'e opposed 'y the applicant also 'y affida(its. @. Butting up a counter-'ond. Sec. ;. Ser*ice of copies of onds; effect of disappro*al of same. ? )he party filing a ond in accordance with the pro*isions of this .ule shall forthwith ser*e a copy of such ond on the other party, who may e5cept to the sufficiency of the ond, or of the surety or sureties thereon. If the applicant@s ond is found to e insufficient in amount, or if the surety or sureties thereon fail to justify, and a ond sufficient in amount with sufficient sureties appro*ed after justification is not filed forthwith, the injunction shall e dissol*ed. If the ond of the ad*erse party is found to e insufficient in amount, or the surety or sureties thereon fail to justify a ond sufficient in amount with sufficient sureties appro*ed after justification is not filed forthwith, the injunction shall e granted or restored, as the case may e. Sec. A. Budgment to include damages against party and sureties.- At the trial, the amount of damages to e awarded to either party , upon the ond of the ad*erse party, shall e claimed , ascertained and awarded under the same procedure prescri ed in Section ": of .ule 9;.

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Q: +an you claim for damages against an injunction 'ond? A: J>:. The same procedure for reco(ery of damages against the attachment 'ond in :ection )O, &ule EN. <efore e lea(e this topic, you must remem'er that there are SOME SPECIAL LA=S =,IC, PRO,I:IT T,E ISSUANCE OF A =RIT OF PRELIMINARY INJUNCTION OR TEMPORARY RESTRAININ* ORDER0 Q: What are these? A: They are the follo ing: ". :0P0 22?, hich prohi'its the issuance of injunctions or T&8s in la'or casesQ ). P0D0 ;>5, prohi'iting courts from issuing injunctions and T&8Ms against projects for the e?ploitation or de(elopment of natural resourcesQ @. P0D0 <85, prohi'iting injunction against go(ernment financing institutions, against mandatory foreclosures or against +A&5Q %. R0A0 ?181 as inserted 'y &.A. NO$", you cannot issue an injunction against the Asset Bri(atiAation TrustQ E. P0D0 1818, prohi'iting injunction against pu'lic infrastructure projects and pu'lic utilitiesQ 7nder this la in relation to :+ circulars, no injunction also against 4AB8+8&. MALA*A /s0 PINASTIUS3 JR0 21< SCRA 51; Q: What is the e?tent of the applica'ility of B.D. "F"F? Actually, hat is prohi'ited is that the court cannot interfere in injunction in contro(ersies in(ol(ing facts for the e?ercise of discretion in technical cases. >?ample, e ill not a ard 'ecause the plan is su'standard. 8nly one 'idder and he losses. ,e complains and ants to question the a ard of the committee on technical matters. The :+ said the +ourt cannot rule on that. What do e 9no of technical matters li9e engineering? :o the court cannot su'stitute its o n decision on technical matters li9e engineering or on infrastructure projects. That is prohi'ited. <ut if 3 ill as9 the court to issue an injunction to stop an infrastructure project 'ecause from the (ery start including the a ard has 'een tainted ith corruption, that is allo ed 'ecause it refers to legal matters. :o the :+ said, $%he prohi&ition pertains to the issuance of injunction against administrative acts or technical cases. %o allo' the court to judge on technical matters 'ould distur& the smooth functioning of the administrative machinery. (o'ever, on issues definitely outside of this dimension and involving )uestions of la', the court could not &e prevented &y the decree for e*ercising their po'er to restrain or prohi&it administrative acts. +.". !,!, 'as not intended to screen from judicial scrutiny irregularities committed &y administrative agencies.Section C. #hen final injunction granted. ? If after the trial of the action it appears that the applicant is entitled to ha*e the act or acts complained of permanently enjoined, the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts or confirming the preliminary mandatory injunction.