REQUISITES FOR THE ISSUANCE OF A WRIT OF PRELIMINARY INJUNCTION - A writ of PI cannot be issued without a prior notice and hearing
ithout a prior notice and hearing to the party or
1. There must be a verified application.
- The absence of such makes the application or petition for PI patently insufficient in
both form and substance.
2. The applicant must post a bond, unless exempted by the court. (INJUNCTION
BOND)
- The bond, which shall be in the amount fixed by the court, is executed in favor of the
party enjoined
o Effect: the applicant shall pay to the party enjoined all damages which he
may sustain by reason of the preliminary injunction or the restraining order
if the court should decide that the applicant was not entitled to the writ or
order.
o Purpose: to protect the defendant against loss or damage by reason of the
injunction in case the court decides that the plaintiff is not entitled to it.
- The party filing a bond shall serve a copy of such bond on the other party. The
latter party may object to the sufficiency of the bond, or of the surety. If the
applicant’s bond is found insufficient, and one that is not sufficient is not filed, the
injunction shall be dissolved. If the bond of the adverse party is found to be
insufficient in amount, and a bond sufficient in amount is not filed, the injunction
shall be granted or restored.
COUNTERBOND
- The mere filing of a counterbond does not necessarily warrant the
dissolution of the writ of PI.
- It may be dissolved if, after hearing:
1. The plaintiff is entitled to the injunction
2. The continuance thereof would cause great damage to the
defendant
3. The plaintiff can be fully compensated for damages he may suffer
4. The defendant files a bond in the amount fixed by the judge to
pay for damages the plaintiff may suffer if the injunction is
dissolved
- An injunction issued to stop an unauthorized act should not be dissolved by
the mere filing of a counterbond, otherwise, the injunction would become a
vehicle to continue an unauthorized or illegal act.
3. As to the writ of preliminary injunction, the court must conduct a hearing.
parties sought to be enjoined.
- If the application is for a TRO, it 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
and to which the records shall be transmitted immediately.
RULE ON PRIOR OR CONTEMPORARY SERVICE OF SUMMONS; WHEN NOT
REQUIRED
- A PI may be granted at any stage of the proceedings but prior to the judgment or
final order. The application for a writ of PI or a TRO may be included in the
complaint or initiatory pleading.
- If the case is filed in a multi-sala court -> raffled only after notice to and in the
presence of the party sought to be enjoined.
o It is required that the notice be preceded or contemporaneously
accompanied by the service of summons upon the adverse party.
Together with the summons shall be a copy of the complaint and the
applicant’s affidavit and bond.
- EXCEPTION: where the summons could not be served upon the defendant either in
person or by substituted service despite diligent efforts or when the defendant is
temporarily out of the Philippines, or when he is a non-resident, the requirement of
prior or contemporaneous service shall not apply.
TEMPORARY RESTRAINING ORDER
- Issued to preserve the status quo until the hearing of the application for a writ of PI
because the injunction cannot be issued ex parte
- Provisional remedy within a provisional remedy – issued to preserve the status quo
for a limited period until the court decides to issue a writ of PI
- The applicant shall file a bond, unless exempted by the court
o The rule grants the court the discretion on the matter of posting of a bond
o Unless it appears that the enjoined party will not suffer any damage, the
presiding judge must require the applicant to post a bond
TWENTY-DAY TEMPORARY RESTRAINING ORDER
- If it shall appear from the facts shown by the 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 in which the application for injunction was made,
 may issue a temporary restraining order ex parte for a period not exceeding 20 days
FROM SERVICE on the party or person sought to be enjoined.
o Within the 20-day period, the court must order the party or person subject of
the TRO to show cause why the injunction should not be granted. The court
shall also determine in the same period whether or not the PI shall be granted.
72 HOUR TRO
o If the matter is of (1) extreme urgency, and the applicant will (2) suffer grave
injustice and irreparable injury -> the presiding judge or executive judge may
issue EX PARTE a TRO effective for only 72 from ISSUANCE, NOT SERVICE.
o There is also a need to immediately comply with the requirement on service of
summons and other documents
o The judge, before whom the case was pending, shall conduct a summary hearing
to determine whether the TRO can be extended to 20 days, which shall include the
72 hr period.
- If within the 20 day period:
1. the application of PI is denied, the TRO would be automatically vacated.
2. No action is taken by the judge, the TRO would automatically expire by sheer
force of law, no judicial declaration being necessary
o The rule against the non-extendibility of the 20-day effectivity of a TRO is
absolute if issued by the Regional Trial Court.
 The effectivity of a TRO is not extendible without need of any judicial
declaration to that effect (hindi na kailangang ideclare na wala na xang
effect), and no court shall have authority to extend or renew on the same
ground for which it was issued.
 The extension or renewal is prohibited if it is based on the very same ground
upon which the TRO was originally issued. If another basis or ground should
exist, and extension or renewal of the order could be made.
o If the TRO is issued by the Court of Appeals or any member thereof, it shall
be effective for 60 days from service on the party or person sought to be
enjoined. (also cannot extend it)
o If the TRO is issued by the Supreme Court, it shall be effective until further
orders.
Cases where Injunction/ Preliminary Injunction will not issue
1. against the implementation and completion of government infrastructure
projects, except when the Order is issued by the Supreme Court
2. against lawful actions of gov’t agencies that enforce environmental laws or
prevent violations thereof, except when issued by the Supreme Court
3. in any case involving or growing out of labor disputes, except when injunctive
relief is granted by the NLRC
4. in cases involving concessions, licenses, and other permits issued by public
administrative officials or bodies for the exploitation of natural resources
5. a court may not interfere by injunction ninth the orders of another court of co-
equal rank
6. it is not available to restrain the collection of taxes (XPN: when special
circumstances warrant as when the collection of taxes would cause irreparable
injury)
7. trial courts are enjoined from issuing orders releasing imported articles
impounded by the BOC
8. cannot be issued against consummated acts
9. cannot be issued where there is a lack of a clear and unmistakable right on the
part of the applicant as when the complainant’s right is doubtful or disputed
10. when the injunction would dispose of the main case without trial
GROUNDS FOR OBJECTION TO AN APPLICATION FOR, OR FOR MOTION OF
DISSOLUTION OF, INJUCTION OR RESTRAINING ORDER
1. the application for injunction or restraining order may be denied upon a
showing of its insufficiency. ( if it is not verified and supported by any of the
grounds for its issuance, does not show facts entitling the applicant to the relief
demanded, or is not supported by the required bond)
2. it may also be denied, or if granted, dissolved, on other grounds upon affidavits
of the party enjoined, which may be opposed by the applicant also by affidavits
3. it may also be denied, or dissolved, if it appears after hearing that although the
applicant is entitled to the injunction or restraining order, the issuance or
continuance would cause irreparable damage to the party enjoined while the
applicant can be fully compensated for such damages he may suffer
GRANT OF FINAL INJUNCTION

- a final injunction shall be granted by the court with the effect of permanently
restraining a party or person enjoined from committing or continuing the
acts subject of the injunction
- issued if, after trial of the action, it appears that the applicant is entitle to
have the act or acts complained of permanently enjoined