Brocka vs Enrile Dec 10 1990 (injunction on prosecution)

Relevant Facts/Issues

• This petition was originally filed on Feb 13, 1985 to secure the release of petitioners on habeas
corpus and to permanently enjoin the City Fiscal of Quezon City from investigating charges of
“Inciting to Sedition” against petitioners. Lino Brocka, Benjamin Cervantes, Cosme Garcia and
Rodolfo Santos (thereafter Brocka et al).

• A petition was subsequently filed to enjoin the prosecution of Criminal Case and the issuance of
warrants including their arraignments. The petitioner’s contend that respondent’s manifest bad
faith and/or harassment are sufficient bases fro enjoining their criminal prosecution.

• Issue : Whether or not the prosecution of the criminal cases for inciting to sedition may lawfully
be enjoined

Ruling

Indeed the general rule is that criminal prosecution may not be restrained by injunction, preliminary or
final. There are however exceptions, among which are:

a. To afford adequate protection to the constitutional rights of the accused;

b. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of
actions,

c. When there is a pre-judicial question which is sub judice

d. When the acts of the officer are without or in excess of authority

e. When the prosecution is under an invalid law, ordinance or regulation

f. When double jeopardy is clearly apparent

g. When the court has no jurisdiction over the offense

h. When it is a case of persecution rather than prosecution

i. Where the charges are manifestly false and motivated by the lust for vengeance

j. When there is no prima facie case against the accused and a motion to quash on that ground
has been denied

k. Preliminary injunction has been issued by the Supreme Court to prevent the threatened
unlawful arrest by the Supreme Court to prevent the threatened unlawful arrest of petitioners
In this case, circumstances show that the criminal proceedings had become a case of persecution,
having been undertaken by state officials in bad faith.