Вы находитесь на странице: 1из 1

PRELIMINARY INJUNCTION:

How applied for:

 File a verified application and applicant’s bond; if application is included in the initiatory
pleading, the adverse party should be served with summons together with a copy of the
initiatory pleading and the applicant’s bond.

Note: Absence of verification makes an application or petition for preliminary injunction pently
insufficient both in form and substance.

PRELIMINARY MANDATORY INJUNCTION:


Requisites of preliminary injunction whether mandatory or prohibitory are the following:
1. The applicant must have a clear and unmistakable right, that is a right in esse;
2. There is a material and substantial invasion of such right;
3. There is an urgent need for the writ to prevent irreparable injury to the applicant; and
4. No other ordinary, speedy, and adequate remedy exists to prevent the infliction of
irreparable injury.

Results expected:
An effect of granting a Preliminary Mandatory Injunction is that the Status Quo is restored.

 Status Quo – the last actual, peaceable and uncontested situation which precedes a
controversy. It is the situation existing at the time of the filing of the case.

TEMPORARY RESTRAINING ORDER:


Important Points to Remember:

 An application for a TRO shall be acted upon only after all parties are heard in a
summary hearing, which shall be conducted within 24 hours after the sheriff’s return of
service and/or the records are received by the branch selected by raffle.

 If application for a preliminary injunction is denied or not resolved within said period, the
TRO is deemed automatically vacated.

 The effectivity of TRO is not extendible. There is no need for a judicial declaration to
that effect.

 Effectivity:

 RTC – Does not exceed 20 days, including the first 72 hours.


 CA – Does not exceed 60 days.
 SC – indefinite until further orders.