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Rule 58, Rules of Court (Preliminary Injunction and Restraining Orders)

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 be known as a preliminary mandatory injunction. (1a)
NATURE OF PRELIMINARY INJUNCTION
Preliminary Injunction is an order granted at any stage of an action, prior to the judgment or final order,
requiring a party, court, agency or person to perform or refrain from performing a particular act or acts.

It is merely temporary, subject to the final disposition of the principal action.

Its purpose is to preserve the status quo of the matter subject of the action to protect the rights of the
plaintiff during the pendency of the suit.

An adjunct to the main suit and subject to the outcome of the case.

Equitable remedy, hence one who comes to claim for equity must do so with clean hands, resorted to to
avoid injurious consequences which cannot be remedied under any standard of compensation.
NOT JUDGMENT ON THE MERITS

Not based on judgment on the merits of the case.

Usually based on initial and incomplete evidence, use of sampling


ISSUANCE OF THE WRIT ARE SUBJECT TO JUDICIAL DISCRETION

Under the discretion of the Trial Court

Not interfered except when there is GADALEJ


GRANTED AT ANY STAGE OF ACTION OR PROCEEDING PRIOR TO THE JUDGMENT OR FINAL ORDER.
AGAINST WHOM THE WRIT IS DIRECTED

Party

Court

Agency

Person
KINDS OF PRELIMINARY INJUNCTION
1. Prohibitory Injunction- which commands one to refrain from doing a particular act.
2. Mandatory Injunction- which commands the performance of some positive act to correct a wrong in the
past.
PRELIMINARY PROHIBITORY INJUNCTION DISTINGUISHED FROM PRELIMINARY MANDATORY INJUNCTION
Prohibitory
REFRAIN from a particular act or
acts
the act has not been performed
because it was prevented by the
injunction
Purpose is to prevent FUTURE or
THREATENED INJURY- status quo is
preserved

Mandatory
REQUIRES a performance of a
particular act
The act has already been performed
and this act has violated the rights
of another
Purpose is to restore the status quo
and preserved the same that has
been restored.

MAIN ACTION FOR INJUNCTION DISTINGUISHED FROM A PRELIMINARY INJUNCTION


MAIN ACTION1
Called INJUNCTION
Seeks a judgment embodying a

PROVISIONAL REMEDY
Called Preliminary Injunction
Seeks to preserve status quo until

Example: Under Art. 26 of Civil CodePrying into the privacy of anothers residence
Meddling with or disturbing the private life or family relations of another
Intriguing to cause another to be alienated from his friends; and
Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical
defect, or other personal condition.

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FINAL INJUNCTION
Challenged by a timely appeal

the merits can be heard


Challenged by a petition for
certiorari (since its a interlocutory
order)

Immediately
executory
(it
is
enforceable after its rendition and
shall not be stayed by an appeal
taken therefrom, unless ordered by
the trial court. Bond is needed.
MAIN ACTION FOR INJUNCTION DISTINGUISHED FROM A PETITION FOR DECLARATORY RELIEF
MAIN ACTION2
Ordinary Civil Action
Seeks to enjoin or compel a party to
perform certain acts.

DECLARATORY RELIEF
Special Civil Action under Rule 63
Declaration of rights or duties, or
determination of any question or
validity arising under a statute,
executive order
or
regulation,
ordinance,
or
any
other
governmental regulation, or under a
deed, will, contract or other written
instrument, under which his rights
are affected, and before breach or
violation.

PRELIMINARY PROHIBITORY INJUNCTION DISTINGUISHED FROM A PETITION FOR PROHIBITION


PRELIMINARY INJUNCTION
Not an independent action
Directed against a party litigant, a
court, an agency or a person
Applies even if there is no issue on
jurisdiction, GADALEJ.
Basis of preliminary prohibitory
injunction is the need to protect an
existing and clear legal right that
faces a threatened violation by a
party, court, agency or person.

PROHIBITION
A Special Civil Action and an
Independent Action
Directed
against
a
tribunal,
corporation, board, officer or person
exercising judicial, quasi-judicial or
ministerial function
Without or in excess of Jurisdiction
and GADALEJ (Grave Abuse of
Discretion Amounting to lack of
Jurisdiction)

PRELIMINARY MANDATORY INJUNCTION DISTINGUISHED FROM A PETITION FOR MANDAMUS


PRELIMINARY MAN. INJ.
Provisional Remedy and not an
independent action
Directed against a party litigant, a
court, an agency or a person
To perform an act in order to restore
the last peaceable and uncontested
status preceding the controversy

MANDAMUS
Is a Special Civil Action and a Main
Action
Directed against a tribunal, board,
officer or person
Seeks a judgment to command a
tribunal, corporation, board, officer
or person to perform a duty which
the law specifically enjoins as a duty
either because of a unlawful neglect
of duty or use and enjoyment of
office.

Example: Under Art. 26 of Civil CodePrying into the privacy of anothers residence
Meddling with or disturbing the private life or family relations of another
Intriguing to cause another to be alienated from his friends; and
Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical
defect, or other personal condition.

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Section 2. Who may grant preliminary injunction. A preliminary injunction may


be granted by the court where the action or proceeding is pending. If the action or
proceeding is pending in the Court of Appeals or in the Supreme Court, it may be
issued by said court or any member thereof. (2a)
COURT

THAT ISSUES WRIT OF PRELIMINARY INJUNCTION


Preliminary Injunction is to be issued by the court where the principal action is pending
Term court includes the Municipal and Metropolitan Trial Courts.
Action for injunction is one incapable of pecuniary estimation (Hence RTC Jurisdiction-Remember Atty.
Tranquil)

Section 3. Grounds for issuance of preliminary injunction. A preliminary


injunction may be granted when it is established:

(a)That the applicant is entitled to the relief demanded, and the whole or 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;

(b)

That the commission, continuance or non-performance of the act or acts


complained of during the litigation would probably work injustice to the
applicant; or

(c)

That a party, court, agency or a person is doing, threatening, or is attempting


to do, or is procuring or suffering to be done some act or acts probably in
violation of the rights of the applicant respecting the subject of the action or
proceeding, and tending to render the judgment ineffectual. (3a)

Section 4. Verified application and bond for preliminary injunction or


temporary restraining order. A preliminary injunction or temporary restraining
order may be granted only when:

(a)

The application in the action or proceeding is verified, and shows facts entitling
the applicant to the relief demanded; and

(b)

Unless exempted by the court the applicant files with the court where the
action or proceeding is pending, a bond executed to the party or person
enjoined, in an amount to be fixed by the court, to the effect that the applicant
will pay to such party or person all damages which he may sustain by reason
of the injunction or temporary restraining order if the court should finally decide
that the applicant was not entitled thereto. Upon approval of the requisite
bond, a writ of preliminary injunction shall be issued. (4a)

(c)

When an application for a writ of preliminary injunction or a temporary

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restraining order is included in a complaint or any initiatory pleading, the case,


if filed in a multiple-sala court, shall be raffled only after notice to and in the
presence of the adverse party or the person to be enjoined. In any event, such
notice shall be preceded, or contemporaneously accompanied, by service of
summons, together with a copy of the complaint or initiatory pleading and the
applicant's affidavit and bond, upon the adverse party in the Philippines.

However, where the summons could not be served personally or by


substituted service despite diligent efforts, or the adverse party is a resident of
the Philippines temporarily absent therefrom or is a nonresident thereof, the
requirement of prior or contemporaneous service of summons shall not apply.

(d)

The application for a temporary restraining order shall thereafter be acted


upon only after all parties are heard in a summary hearing which shall be
conducted within twenty-four (24) hours after the sheriff's return of service
and/or the records are received by the branch selected by raffle and to which
the records shall be transmitted immediately.

GROUNDS FOR THE ISSUANCE OF WRIT OF A PRELIMINARY INJUNCTION


1. Applicant is entitled to the relief demanded in whole or relief
2. That the commission, continuance or non-performance of the acts complained of would work injustice to
the applicant
3. That a party, court, agency or a person is doing, threatening, or is attempting to do or is procuring or
suffering to be done some acts probably in violation of the rights of the applicant respecting the
subject of the action or proceeding, and tending to render the judgment ineffectual.
REQUISITES FOR PRELIMINARY INJUNCTION
1. The applicant must have a clear and unmistakable right, that is, a right in esse;
o
Present right, a legal right which must be shown to be clear and positive
o
Applicant must show ostensible right to the final relief prayed for in their complaint.
o
Issued upon satisfaction of two requisites: (absence of these constitutes GADALEJ)

the existence of a right to be protected

acts which are violative of said right


o
Not designed to protect contingent, abstract or future rights
2. There is a material and substantial invasion of such right
3. There is an urgent need to issue the writ in order to prevent irreparable injury to the applicant; and
4. No other ordinary, speedy and adequate remedy exists to prevent the infliction of irreparable injury
QUANTUM OF EVIDENCE REQUIRED

Need not be conclusive and complete

They only need to show that they have ostensible right to the final relief prayed for in their complaint..

Sampling of evidence only to give the court an evidence of justification for a preliminary injunction pending
the decision on the merits of the case and is not conclusive of the principal action

Hearing is required

At the hearing, mere prima facie evidence is needed to establish the applicants rights or interest in the
subject matter of the main action
REQUISITES FOR ISSUANCE OF A WRIT OF PRELIMINARY INJUNCTION OR A TEMPORARY RESTRAINING
ORDER

There must be a verified application- absence of which would lead to patently insufficient in form and
substance

Must establish the requisites for preliminary injunction

Applicant must post bond, unless exempted by the court. Amount of bond is fixed by the court

There must be a hearing, it cannot be issued ex parte.

TRO will be acted upon a summary hearing which shall be conducted within 24 hrs. after the sheriffs
return or the records are received by the branch selected by raffle and to which the records shall be
transmitted immediately.
POSTING OF A BOND

The party filing a bond shall serve a copy of such bond on the other party.

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RULE

If the applicants bond is found insufficient in amount or if its not filed then the injunction will be dissolved.
If the adverse partys bond is found to be insufficient in amount or not filed then the injunction will be
restored and granted.
Posting of bond in cases against a Judge (not in his personal capacity) is not needed.
ON PRIOR OR CONTEMPORARY SERVICE OF SUMMONS; WHEN NOT REQUIRED
Multi-Sala Court- the case shall be raffled but only after notice to and in the presence of the party sought
to be enjoined. It is required that the notice be preceded or contemporaneously accompanied by service of
summons upon the adverse party. Together with the summons shall be a copy of the complaint and the
applicants affidavit and bond.
However, where the summons could not be served despite diligent efforts prior or contemporaneous
service shall not apply.

Section 5. Preliminary injunction not granted without notice; exception. No


preliminary injunction shall be granted without hearing and prior notice to the party or
person sought to be enjoined. If it shall appear from facts shown by affidavits or by the
verified application that great or irreparable injury would result to the applicant before
the matter can be heard on notice, the court to which the application for preliminary
injunction was made, may issue a temporary restraining order to be effective only for a
period of twenty (20) days from service on the party or person sought to be enjoined,
except as herein provided. Within the said 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 be granted, determine within the same period whether or not the
preliminary injunction shall be granted, and accordingly issue the corresponding order.
(Bar Matter No. 803, 17 February 1998)
However, and subject to the provisions of the preceding sections, if the matter is of
extreme urgency and the applicant will suffer grave injustice and irreparable injury, the
executive judge of a multiple-sala court or the presiding judge of a single sala court
may issue ex parte a temporary restraining order effective for only seventy-two (72)
hours from issuance but he shall immediately comply with the provisions of the next
preceding section as to service of summons and the documents to be served
therewith. Thereafter, within the aforesaid seventy-two (72) hours, the judge before
whom the case is pending shall conduct a summary hearing to determine whether the
temporary restraining order shall be extended until the application for preliminary
injunction can be heard. In no case shall the total period of effectivity of the temporary
restraining order exceed twenty (20) days, including the original seventy-two hours
provided herein.
In the event that the application for preliminary injunction is denied or not resolved
within the said period, the temporary restraining order is deemed, automatically
vacated. The effectivity of a temporary restraining order is not extendible without need
of any judicial declaration to that effect and no court shall have authority to extend or
renew the same on the same ground for which it was issued.
However, if issued by the Court of Appeals or a member thereof, the temporary
restraining order shall be effective for sixty (60) days from service on the party or
person sought to be enjoined. A restraining, order issued by the Supreme Court or a
member thereof shall be effective until further orders. (5a)
The trial court, the Court of Appeals, the Sandiganbayan or the Court of Tax Appeals
that issued a writ of preliminary injunction against a lower court, board, officer, or
quasi-juducial agency shall decide the main case or petition within six (6) months from
the issuance of the writ (As amended by A.M. No. 07-7-12-SC, December 12, 2007)
NOTICE AND HEARING

Cannot be issued without prior notice and hearing

If the matters govern are of extreme urgency or those referring to great or irreparable injury, the
application for a TRO shall be acted upon only after all parties are heard in a summary hearing

The hearing shall be conducted within 24 hrs after the sheriffs return are received by the branch clerk of
court.
TEMPORARY RESTRAINING ORDER

Issued to preserve the status quo until the hearing of the application for a writ of preliminary injunction
because the injunction cannot be issued ex parte.

Must not exceed 20 days from service on the party. Within the period the court must order said party
to show cause why the injunction should not be granted and determine whether the same should issue the
writ.

The applicant shall file a bond, unless exempted by the court. Usually exempted if def. will not suffer
damages.

If the matter is of extreme URGENCY and the applicant will suffer GRAVE INJUSTICE and IRREPARABLE
INJURY, the EXECUTIVE JUDGE of a Multi-Sala Court or PRESIDING JUDGE of a Single-Sala Court
may issue EX-PARTE a TRO effective only for 72 hrs from ISSUANCE not service (not same with not

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exceeding 20 days). There is also a need to immediately comply with the requirement on service of
summons and other documents required by the rules.
Within this period the judge shall conduct a summary hearing to determine whether the TRO should be
extended for another 20 days. The 72 hrs is included in the 20 day period.
If before the expiration of the 20 day period the PI was denied or after the 20 day period still no ruling on
the PI then the TRO would be deemed vacated
Not subject to extension if based on the same ground.
Must be alleged in the complaint to be granted
Different from status quo order-which is more of a cease and desist order, has no specific duration. It lasts
when it is revoked subject to agreement of parties. No bond is required. Not directed to perform an act.
Court of Appeals- may be issued by the same or any member thereof. Effective for 60 days from service
on the party sought to be enjoined. Not extendible.
Supreme Court- may issue until further orders.

Section 6. Grounds for objection to, or for motion of dissolution of, injunction or
restraining order. The application for injunction or restraining order may be
denied, upon a showing of its insufficiency. The injunction or restraining order may
also be denied, or, if granted, may be dissolved, on other grounds upon affidavits of
the party or person enjoined, which may be opposed by the applicant also by
affidavits. It may further be denied, or if granted, may be dissolved, if it appears after
hearing that although the applicant is entitled to the injunction or restraining order, the
issuance or continuance thereof, as the case may be, would cause irreparable
damage to the party or person enjoined while the applicant can be fully compensated
for such damages as he may suffer, and the former files a bond in an amount fixed by
the court conditioned that he will pay all damages which the applicant may suffer by
the denial or the dissolution of the injunction or restraining order. If it appears that the
extent of the preliminary injunction or restraining order granted is too great, it may be
modified. (6a)
Section 7. Service of copies of bonds; effect of disapproval of same. The
party filing a bond in accordance with the provisions of this Rule shall forthwith serve a
copy of such bond on the other party, who may except to the sufficiency of the bond,
or of the surety or sureties thereon. If the applicant's bond is found to be insufficient in
amount, or if the surety or sureties thereon fail to justify, and a bond sufficient in
amount with sufficient sureties approved after justification is not filed forthwith the
injunction shall be dissolved. If the bond of the adverse party is found to be insufficient
in amount, or the surety or sureties thereon fail to justify a bond sufficient in amount
with sufficient sureties approved after justification is not filed forthwith, the injunction
shall be granted or restored, as the case may be. (8a)
WHEN A PRELIMINARY INJUNCTION IS REQUESTED

Rule 65 Certiorari, Prohibition, Mandamus

Rule 38 Petition for relief

Rule 47 Annul Judgment

Possessor deprived of possession through forcible entry or unlawful detainer case


ONLY THE SUPREME COURT CAN ISSUE A PRELIMINARY INJUNCTION UNDER:

RA 8975: An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure
Projects-on the following acts:
1. Acquisition, clearance and development of the right-of-way and or site or location of any national
government project
2. Bidding or awarding of contract/project of the national government
3. Commencement, prosecution, execution, implementation, operation of any such contract or project
4. Termination or rescission of any such contract/project; and
5. The undertaking or authorization of any other lawful activity necessary for such contract/project.

The prohibition shall apply in all cases instituted by a private party including those filed by bidders

This prohibition will not apply when the matter is of extreme urgency involving consti issue

Applicant should file a bond (will accrue to govt if found applicant is not entitled to relief sought

WHERE

Enforcing environmental laws


INJUNCTION WILL NOT ISSUE:
Labor disputes-only NLRC
PD605-licenses issued to exploit national resources
PD1818 execution of govern. infrastructure projects and essential government projects including arrastre
and stevedoring operations
Against Presidential Agrarian Reform Council in enforcement and implementation of CARP
Cannot against Asset Privatization Trust

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A court may not interfere by injunction with orders of another court of co-equal rank or with concurrent or
coordinate jurisdiction
RTC cannot issue injunction against quasi-judicial bodies of equal rank or execution of workmen
compensation
Not available to restrain collection of taxes, except if it causes irreparable injury.
Release imported articles under the Bureau of Customs
Cannot be issued against consummated acts.
An injunction cannot be issued to transfer possession or control of property when the legal title is in
dispute between the parties.
Cannot be issued to establish new relationship between the parties.
Will not restrain criminal prosecution except in extreme cases:
o
To afford adequate protection to the constitutional rights of the accused
o
When necessary for the orderly administration of justice or to avoid oppression or multiplicity of
actions
o
When double jeopardy is clearly apparent
o
Where the charges are manifestly false and motivated by lust for vengeance or
o
Where there is clearly no prima facie case against the accused and a motion to quash on that
ground was denied.
Cannot issue in stopping extrajudicial foreclosure of mortgage on the allegation that the loan has been
paid unless verified and supported by evidence of payment
Cannot enjoin the Bangko Sentral ng Pilipinas from examining institutions per New Central Bank Act, unless
if made in bad faith
Under ADR Riles, arbitration proceedings shall not be enjoined during the pendency of petition for judicial
relief from the ruling of the arbitral tribunal
No court except CA or SC shall issue TRO or Writ of Injunction against a freeze order of the Anti Money
Laundering Council
Appealable decisions of the Ombudsman are not stayed by injunction.

DUTY OF THE COURT THAT ISSUED THE WRIT

Decide the main case or petition within 6 months from issuance thereof

GADALEJ is a ground to nulify a injunctive writ

Writ can be modified if too great

Counterbond does not automatically dissolve writ-still based on courts discretion

May be denied if application for injunction is not verified, affidavits not enough to warrant writ, after
hearing not enough to warrant writ.

Section 8. Judgment to include damages against party and sureties. At the


trial, the amount of damages to be awarded to either party, upon the bond of the
adverse party, shall be claimed, ascertained, and awarded under the same procedure
prescribed in section 20 of Rule 57. (9a)
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 of confirming
the preliminary mandatory injunction. (10a)

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