RULE 58 PRELIMINARY INJUNCTION I. Definition Temporary restraining order (sec.

.5, Rule 58) Prior notice is not mandatory is issued upon a verified application showing great or irreparable in ury would result to the applicant before the matter can be heard on notice. Thus preserving the status !uo until the hearing of the application for preliminary in unction. "t only has a limited life of #$ days from date of issue TR% is deemed automatically vacated if before the e&piration of the #$ day period, the application for P" is denied 'hall e&pire on the #$th day automatically without any udicial declaration to that effect. (ay be issued e& parte Preliminary In !n"tion# Preliminary in unction is an order granted at any stage of an action or proceeding prior to the udgment or final order (not final and e&ecutory), re!uiring a party or a court, agency or a person to refrain from a particular act or acts. "t may also re!uire the performance of a particular act or acts, in which case it shall be )nown as a preliminary mandatory in unction (sec.*, Rule 58). (+imitless vs Potentials, ,pril #- #$$.) Preliminary in unction is a provisional remedy that a party may resort to in order to preserve and protect certain rights and interest during the pendency of an action/ the $tat!$ %!o should be e&isting ante litem motam, or at the time of the filing of the case 0 preliminary in unction should not establish new relations between the parties, but merely maintain or re1establish, the pre1e&isting relationship between them. To be entitled to an in unctive writ, the petitioner has the burden to establish the following re!uisites2 *. a right in esse or a clear and unmista)able right to be protected/ #. a violation of that right 3. that there is an urgent and permanent act and urgent necessity for the writ to prevent serious damage. ,bsence of a showing that the petitioners have an urgent and paramount need for a writ of preliminary mandatory in unction to prevent irreparable damage, they are not entitled to such writ (4hina 5an)ing vs 4o, 565 '4R, 6$$). status !uo 0 refers to the last actual, peaceful, and uncontested status that preceded the actual controversy. , preliminary in unction or TR% may be granted only when, among other things2 the applicant files with the court, where the action is pending, a bond e&ecuted to the party or person en oined, in an amount to be fi&ed by the court, to the effect that the applicant will pay such party or person all damages which he may sustain by reason of the in unction or TR% if the court should finally decide that the applicant was not entitled thereto. 4hina 5an)ing vs 4o, 565 '4R, 6$$ "t is settled that the grant of a preliminary mandatory in unction rests on the sound discretion of the court. preliminary in unction is merely a provisional remedy, ad unct to the main case sub ect to the latter7s outcome. It i$ not a "a!$e of a"tion in it$elf &inal In !n"tion ,n in unction is preliminary when it refers to the writ secured before the finality of the udgment (sec.* rule 58, R4). "t is final '(en it i$ i$$!e) a$ a !)*ment ma+in* t(e in !n"tion ,ermanent . "t perpetually restrains a person from the continuance or commission of an act and confirms the previous preliminary in unction (sec.8, Rule 58, R4). Pre-enti-e In !n"tion "n unction is prohibitory when its purpose is to prevent a person from the performance of a particular act. The act has not yet been performed The status !uo is preserved and restored Man)atory In !n"tion "t is mandatory when its purpose is to re!uire a person to perform a particular act

ORAL, DANIEL MARTIN G.

 The act has already been performed and this act has violated the rights of another "t does not preserve the status !uo but restores it 4hina ban)ing vs 4o, 9ec. 6, #$$6 0 'ince a preliminary mandatory in unction commands the performance of an act, it does not preserve the status !uo and is thus more cautiously regarded than a mere prohibitive in unction. 'emirara 4oal 4orporation vs :;+ 9evelopment 4orporation, 5*$ '4R, -.8 0 , lawful possessor is entitled to be respected in his possession and any disturbance of possession is a ground for the issuance of a writ of preliminary mandatory in unction to restore the possession. II. Cla$$e$ the new 4ode of 4ivil Procedure *. "n unction or interdictos prohibitorios The 'panish procedural law *. interdictos de ad!uirir #. interdictos de retener 3. interdictos de recobrar -. interedictos de despo o 9evesa vs ,rbes, (arch #3, *8$8 0 "n unctions or interdictos prohibitorios, for the issuance of which provision is made in the new code of civil procedure, while they resemble the interdictal actions of the 'panish procedural law in some respect, are wholly distinct therefrom and as a rule, the cirucumstances under which, in accordance with the 'panish law, interdictos de ad!uirir, de retener, de recobrar, or de despo o ,ro,erly i$$!e) 'o!l) not !$tify nor $!$tain t(e i$$!an"e of an in !n"tion, interdito prohibitorio, as defined and provided in the new code of civil procedure. III. Ori*in . ,n in unction is a special remedy contained in the new code of civil procedure and adopted from ,merican and <nglish law of procedure, and the accepted ,merican doctrine limiting its use to cases where there is no other ade!uate remedy, and otherwise controlling the issue thereof, must be deemed to limit its use in li)e manner in this urisdiction (9evesa vs ,rbes, *3 Phil #.3). /rit$ not a-aila0le for re"o-ery of ,ro,erty '(en title i$ not e$ta0li$(e) "n unctions, as a rule, will not be granted to ta)e property out of the possession or control of one party and place it into that of another whose title has not clearly been established. I1. P!r,o$e# *. the ob ective of a writ of preliminary in unction is to preserve the status !uo until the merits of the case can be fully heard/ status !uo is the last actual, peaceable and uncontested situation which precedes a controversy (preysler r vs 4, -8- '4R, 5-.). #. the purpose of preliminary in unction is to prevent threatened or continuous irremediable in ury to some of the parties before their claims can be thoroughly studied and ad udicated (limitless vs 4,, 5## '4R, .$). 1. 2COPE A"t$ alrea)y ,erforme) "annot 0e ,ro(i0ite) e&cept specifically stated in the order 0 if a writ of preliminary in unction has been issued against a particular person, en oining him, for e&ample, from performing any act whatever that may tend to close and obstruct an irrigation ditch by preventing the passage of the water, when the said ditch was already closed, it cannot be understood that the person, against whom the prohibitory order was issued, willfully disregarded and disobeyed the said udicial writ by not removing the obstacle that prevented the flow of the water, because this last operation is not covered by the writ of in unction (mantile vs 4a ucom, *8 Phil 563). "n unction will not lie where the acts sought to be en oined have already been accomplished or consummated 0 a writ of preliminary in unction will not issue if the act sought to be en oined is a fait accompli. 1I. Di$tin*!i$(e) from man)am!$ (andamus is a special civil action see)ing a udgment commanding a tribunal, board, officer or person to perform a ministerial duty re!uired to be performed by law (sec.3, Rule 65, R4).

ORAL, DANIEL MARTIN G.

(andatory in unction is directed to a party litigant, not to a tribunal and is issued to re!uired a party to perform a particular act to restore the status !uo. 1II. Di$tin*!i$(e) from ,ro(i0ition Prohibition is a special civil action see)ing a udgment commanding a tribunal, corporation, board, or officer to desist from further proceeding in the action because it has no urisdiction, is acting in e&cess of urisdiction or has gravely abused its discretion amounting to lac) of urisdiction ('ec.#, rule 65, R4) Prohibitory in unction is a provisional remedy that is )ire"te) to a liti*ant, not a tribunal and is issued to re!uire said party to refrain from a particular act (sec.* Rule 58, R4). =eliciano vs ,lipio 8- Phil 6#* 0 ,ction for declartory relief, considered as one for prohibition 0 ,lthough the ptitioen filed against public officers is for declaratory relief, yet if it prays also for the issuance of a permanent in unction from carrying out the provisions of a 9epartment 4ircular on grounds of unconstitutionality, the same is e!uivalent to an action for prohibition and the court should not dismiss the petition but should proceed with the case considering the action as one for prohibition. >""". ?"@9' I3. /(en i$ man)atory in !n"tion i$$!e) 4$e".56 R!le 587 (andatory in unction is issued when it is established2 a. that the applicant is entitled to the relief demanded, and the whole or part of such relief consists of2 re!uiring the performance of an act or acts for limited period or perpetually b. that the commission, continuance or non performance of the act or acts complained during the litigation would probably wor) in ustice to the applicant/ c. that a party, court, agency or a person is2 doing, threatening, or is attempting to do, or procuring or suffering to be done some act or acts probably in -iolation of t(e ri*(t$ of t(e a,,li"ant respecting the sub ect of the action or proceeding, an) ten)in* to ren)er t(e !)*ment ineffe"t!al 3I. /(en i$ a TRO i$$!e) 4$e".56 R!le 587 TR% may issue e& parte if by the facts shown by the affidavits or by the verified application that2 *. a great or irreparable in ury would result to the applicant before the matter can be heard on notice under such ground, TR% issued is only effective for a period of #$ dyas from issuance and the TR% shall be deemed automatically vacated if the application for preliminary in unction is denied or not resolved within such period. The TR% may be e&tended provided there is a udicial declaration to that effect The court has no authority to e&tend or renew the TR% on the same ground for which it was issued "f issued by the 4ourt of ,ppeals, it shall be valid and effective for 6$ days from $er-i"e on t(e ,arty or person sought to be en oined. "f issued by the '4, effective until further orders. #. if the matter is of e&treme urgency and the applicant will suffer grave in ustice and irreparable in ury may be issued e& parte by the e&ecutive udge of a multiple1sala court valid only for .# hours from issuance but shall comply with the service of summons and the documents to be served on the party sought to be en oined within the .#hrs the udge before whom the case is pending shall summary hearing to determine whether the TR% shall be e&tended until the application for Preliminary in unction can be heard. "n no case shall the total period of effectivity of the TR% e&ceed #$ days, including the original .# hrs The trial court, the 4,, the '5, or the 4T, that issued a writ of preliminary in unction against a lower court, board, officer, or !uasi1 udicial agency shall decided the main case or petition within 6 months from the issuance of the writ. 9in)$ if TRO *. #$ day TR%

ORAL, DANIEL MARTIN G.

 "ssued by the court to which the application for Preliminary in unction was made (ay be issued e& parte showing by affidavits t(at *reat or irre,ara0le in !ry would result to the applicant before the matter can be heard on notice The #$ day period shall start from service on the party sought to be en oined <&tendible without need of any udicial declaration provided that the ground for e&tension shall not be the same with the first because no court shall have the authority to e&tend or renew the same on the same ground for which it was issued %n the #$th day the TR% shall e&pire/ or it shall e&pire automatically if the application for preliminary in unction is denied or not resolved within the #$ day period #. .# hrs TR% "ssued by an <A<4BT">< udge of a multiple1sala court/ or the PR<'"9"@; udge of a single1sala court ;rounds for issuance2 if the matter is of <ATR<(< BR;<@4C and the applicant will suffer *ra-e in ustice and irreparable in ury (ay also be issued e& parte <ffectivity2 The .#hr period shall commence from the issuance but shall immediately comply with the service of summons and documents to be served <&tendible without need of udicial declaration but the e&tension shall not e&ceed #$ days, including the original .# hr/ provided that the ground for the e&tension shall not be the same ground for which it was issued 3. 6$ days TR% "ssued by the 4ourt of ,ppeals or member thereof The 6$ day TR% shall be effective from service on the party or person sought to be en oined @on1e&tendible/ no udicial declaration that it has e&pired is necessary -. indefinite TR% issued by the 'upreme 4ourt or member thereof shall be effective until further orders has the authority to issue TR%s on cases involving a. national government infrastructure pro ects ('4 ,dmin 4ircular @o. **1#$$$) b. Re!uisites for preliminary in unctive relief2 Petitioner must establish the following re!uisites to be entitled to a writ of preliminary in unction2 *. the right sought to be protected is material and substantial #. right of the complainant is clear and unmista)able 3. there is a violation of such right -. there is an urgent and permanent necessity for the writ of to prevent serious damage A"". Irre,ara0le in !ry: )efine Term irreparable in ury has a definite meaning in law. "t does not have reference to the amount of damages that may be caused but rather to t(e )iffi"!lty of mea$!rin* t(e )ama*e$ infli"te) . "f full compensation can be obtained by way of damages, e!uity will not apply the remedy of in unction. The direct and inevitable result would be the stoppage of the operations of respondents7 radio stations, conse!uently, losing its listenership, and tarnishing the image that it has built over time. "t does not stretch one7s imagination to see that the cost of a destroyed image is significantly the loss of its good name and reputation. ,s aptly appreciated by the appellate court, the value of a radio station7s image and reputation are not !uantifiable in terms of monetary value. 3III.2tat!$ %!o ;rave abuse of discretion amounting to lac) or in e&cess of urisdiction is committed if the writ of preliminary in unction is issued restoring the situation prior to the status !uo, in effect, the disposing the main issue without trial on the merits. T(e $tat!$ %!o !$!ally ,re$er-e) 0y a ,reliminary in !n"tion i$ t(e la$t a"t!al6 ,ea"ea0le an) !n"onte$te) $tat!$ '(i"( ,re"e)e) t(e a"t!al "ontro-er$y. It i$ t(e $tate of affair$ '(i"( i$ e;i$tin* at t(e time of t(e filin* of t(e "a$e 4O//A -$ C(a-e<6 5=> 2CRA >5?7 A ,reliminary 'rit of in !n"tion i$ merely tem,orary6 $!0 e"t to t(e final )i$,o$ition of t(e ,rin"i,al a"tion. t(e i$$!an"e t(ereof i$ 'it(in t(e )i$"retion of t(e "o!rt an) i$ *enerally not interfere) 'it( e;"e,t in "a$e$ of manife$t a0!$e 4D!n*o* -$ CA6 >@8 2CRA =A87

ORAL, DANIEL MARTIN G.

3I1. /(o may *rant in !n"tion 'ec.#, Rule 58. Dho may grant preliminary in unction 0 , preliminary in unction may be granted by2 *. the court where the action or proceeding is pending #. it may be issued by the 4,, or the '4 if the action or proceeding is pending therein/ 31. A*ain$t '(om i$ in !n"tion i$$!e) *. 'enate 5lue Ribbon 4ommittee vs (a aducan, -$. '4R, 356 Dhere the senate in conduct legislative in!uiries in aid of legislation, and persons were subpoenaed and invited thereto, the latter cannot go to the court of ustice because it has no authority to prohibit (issue a writ of in unction) the committee from re!uiring that person from appearing and testifying before it/ otherwise it will be inconsistent with the doctrine of separation of powers as the same is an encroachment to oneEs prerogatives. T(erefore6 'rit of in !n"tion $(all not i$$!e a*ain$t $!"( "on$tit!tional 0o)y. #. (abayo =arms vs 4,, 386 '4R, **$ ,s an ancillary or preventive remedy, a writ of preliminary in unction may therefore be resorted to by a party to protect or preserve his rights and for no other purpose during the pendency of the principal action. "ts ob ect is to preserve the status quo until the merits of the case can be heard. "t is not a cause of action in itself but merely a provisional remedy, an ad unct to a main suit. Thus, a person who is not a party in the main suit, li)e private respondent in the instant case, cannot be bound by an ancillary writ, such as the writ of preliminary in unction issued against the defendants in 4ivil 4ase @o. 6685. :e cannot be affected by any proceeding to which he is a stranger. T(erefore 'rit in !n"tion $(all not i$$!e a*ain$t a ,er$on '(o i$ not a ,arty in t(e main a"tion. 3. southern cross cement vs P4(4, Fuly 8, #$$The court cannot grant a writ of preliminary in unction en oining the collection of ta&es, a preemptory udicial act which is frowned upon, unless there is a statutory basis for it. "n that regard, 'ection #*8 of the Ta& Reform ,ct of *88. prohibits any court from granting an in unction to restrain the collection of any national internal revenue ta&, fee or charge imposed by the internal revenue code. T(erefore6 a 'rit of atta"(ment $(all not i$$!e to en oin ta; "olle"tion -. 9elta ventures vs 4abato, march 8, #$$$ 4ases involving labor dispute, the RT4 being co1e!ual body of the @+R4, has no urisdiction to issue any restraining order or in unction to en oin the e&ecution of any decision of the @+R4. T(erefore6 a 'rit of atta"(ment $(all not i$$!e a*ain$t la0or )i$,!te$. 5. Traders Royal ban) vs ",4 no court has the power to interfere by in unction with the udgments or decrees of a concurrent or coordinate urisdiction having e!ual power to grant the in unctive relief sought by in unction, e&cept in cases where third-party claimant is involved, in order to prevent one court from nullifying the udgment or process of another court of the same ran) or category, a power which devolves upon the proper appellate court. The purpose of the rule is to avoid conflict of power between different courts of coordinate urisdiction. T(erefore6 a 'rit of in !n"tion $(all not i$$!e a*ain$t a !)*ment of a "o!rt e;"e,t in "a$e$ of t(ir) ,arty "laimant. 6. <&ecutive 'ecretary vs 4,, ;R no. *3*.*8 To be entitled to a preliminary in unction to en oin the enforcement of a law assailed to be unconstitutional, the party must establish that *. it will suffer irreparable harm in the absence of in unctive relief and #. must demonstrate that it is li)ely to succeed on the merits, or 3. that there are sufficiently serious !uestions going to the merits and the balance of hardships tips decidedly in its favor 5efore the plaintiff may be entitled to in unction against future enforcement, he is burdened to show some substantial hardship. T(erefore6 'rit of in !n"tion $(all not i$$!e to en oin t(e enfor"ement of a la' !nle$$ it "an 0e e$ta0li$(e) 'it( $!0$tantial (ar)$(i, on t(e ,art of t(e ,laintiff t(at t(e la' a$$aile) i$ !n"on$tit!tional. .. 5ang)o 'entral ng Pilipinas vs ,ntonio1>alenGuela 0 %ct. #, #$$8

As such, a writ of pre i!i"ar# i"$u"ctio" !a# %e issue& o" # upo" c ear showi"' of a" actua e(isti"' ri'ht to %e protecte& &uri"' the pe"&e"c# of the pri"cipa actio". The twi" re)uire!e"ts of a *a i& ORAL, DANIEL MARTIN G. +

i"$u"ctio" are the e(iste"ce of a ri'ht a"& its actua or threate"e& *io atio"s. Thus, to %e e"tit e& to a" i"$u"cti*e writ, the ri'ht to %e protecte& a"& the *io atio" a'ai"st that ri'ht !ust %e show" . Thus, the issuance of the writ of preliminary injunction must have basis in and be in accordance with law . A to &, whi e the 'ra"t or &e"ia of a" i"$u"ctio" 'e"era # rests o" the sou"& &iscretio" of the ower court, this ,ourt !a# a"& shou & i"ter*e"e i" a c ear case of a%use. -su%!issio" of ROEs.
A>". "n unction on ;overnment Pro ects a. '4 ,dministrative 4ircular no. **1#$$$

/E,. 3. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Injunctions and Preliminary Mandatory Injunctions.- No court, e(cept the /upre!e ,ourt, sha issue a"# te!porar# restrai"i"' or&er, pre i!i"ar# i"$u"ctio" or pre i!i"ar# !a"&ator# i"$u"ctio" a'ai"st the 'o*er"!e"t, or a"# of its su%&i*isio"s, officia s or a"# perso" or e"tit#, whether pu% ic or pri*ate, acti"' u"&er the 'o*er"!e"t0s &irectio", to restrai", prohi%it or co!pe the fo owi"' acts1 a. Ac)uisitio", c eara"ce a"& &e*e op!e"t of the ri'ht2of2wa# a"&3or site or ocatio" of a"# "atio"a 'o*er"!e"t pro$ect4 %. 5i&&i"' or awar&i"' of co"tract3pro$ect of the "atio"a 'o*er"!e"t as &efi"e& u"&er /ectio" 2 hereof4

c. ,o!!e"ce!e"t, prosecutio", e(ecutio", i!p e!e"tatio", operatio" of a"# such co"tract or pro$ect4 &. Ter!i"atio" or rescissio" of a"# such co"tract3pro$ect4 a"& e. The u"&erta6i"' or authori7atio" of a"# other awfu acti*it# "ecessar# for such co"tract3pro$ect. 8 This prohi%itio" sha app # i" a cases, &isputes or co"tro*ersies i"stitute& %# a pri*ate part#, i"c u&i"' %ut "ot i!ite& to cases fi e& %# %i&&ers or those c ai!i"' to ha*e ri'hts throu'h such %i&&ers i"*o *i"' such co"tract3pro$ect. EXCEPTION: This prohibition shall not apply when the matter is of extreme urgency involving constitutional issue, such that unless a temporary restraining order is issued, grave injustice and irreparable injury will arise. The app ica"t sha file a bond, i" a" a!ou"t to %e fi(e& %# the court, which %o"& sha accrue i" fa*or of the 'o*er"!e"t if the court shou & fi"a # &eci&e that the app ica"t was "ot e"tit e& to the re ief sou'ht, If after &ue heari"' the court fi"&s that the awar& of the co"tract is "u a"& *oi&, the court !a#, if appropriate u"&er the circu!sta"ces, awar& the co"tract to the )ua ifie& a"& wi""i"' %i&&er or or&er a re%i&&i"' of the sa!e, without pre$u&ice to a"# ia%i it# that the 'ui t# part# !a# i"cur u"&er e isting la!s. /E,. 4. "ullity of #rits and Orders.- A"# te!porar# restrai"i"' or&er, pre i!i"ar# i"$u"ctio" or pre i!i"ar# !a"&ator# i"$u"ctio" issue& i" *io atio" of /ectio" 3 hereof is *oi& a"& of "o force a"& effect. /E,. +. $esignation of Regional Trial %ourts.- The /upre!e ,ourt !a# &esi'"ate re'io"a tria courts to act as co!!issio"ers with the so e fu"ctio" of recei*i"' facts of the case i"*o *i"' ac)uisitio" c eara"ce a"& &e*e op!e"t of ri'ht2of2wa# for 'o*er"!e"t i"frastructure pro$ects. The &esi'"ate& re'io"a tria court sha withi" thirt# -39. &a#s fro! the &ate of receipt of the referra , forwar& its fi"&i"'s of facts to the /upre!e ,ourt for appropriate actio". Republic vs Nolasco, April 2 , 2!!" GR1 Repu% ic Act No. :;<+ &efi"iti*e # e"$oi"s a courts, e(cept the /upre!e ,ourt, fro! issui"' a"# te!porar# restrai"i"' or&er, pre i!i"ar# i"$u"ctio", or pre i!i"ar# !a"&ator# i"$u"ctio" a'ai"st the 'o*er"!e"t, or a"# of its su%&i*isio"s, officia s or a"# perso" or e"tit# to restrai", prohi%it or co!pe the %i&&i"' or awar&i"' of a co"tract or pro$ect of the "atio"a 'o*er"!e"t, precise # the situatio" that o%tai"s i" this case with respect to the A'"o Ri*er =ro$ect. ORAL, DANIEL MARTIN G. >

E?,E=TION1 1. The o" # e(ceptio" wou & %e if the !atter is of e(tre!e ur'e"c# i"*o *i"' a co"stitutio"a issue, such that u" ess the te!porar# restrai"i"' or&er is issue&, 'ra*e i"$ustice a"& irrepara% e i"$ur# wi arise. The TRO issue& %# the RT, fai e& to ta6e i"to co"si&eratio" sai& aw. Neither &i& it a&*ert to a"# e(tre!e ur'e"c# i"*o *i"' a co"stitutio"a issue, as re)uire& %# the statute. The aw or&ai"s that such TRO is *oi&, a"& the $u&'e who issues such or&er shou & suffer the pe"a t# of suspe"sio" of at east si(t# ->9. &a#s without pa#. 2. ,ase of @er"a"&e7 *s NA=O,OR 2 A" i"$u"cti*e re ief !a# %e issue& %# a"# other court who has $uris&ictio" o*er the su%$ect !atter whe"e*er "atio"a pro$ects of the 'o*er"!e"t sha %e &etri!e"ta to o"eAs ri'ht to ife.
Proviso2 B")uestio"a% #, the power to issue i"$u"cti*e writs a'ai"st the i!p e!e"tatio" of a"# 'o*er"!e"t

i"frastructure pro$ect is e(c usi*e # o&'e& with this ,ourt -/,., pursua"t to /ectio" 3 of Rep. Act No. :;<+. 5ut whi e ower courts are proscri%e& thereu"&er fro! issui"' restrai"i"' or&ers a"&3or writs of pre i!i"ar# i"$u"ctio" to stop such pro$ects, the proscription does not mean that such courts are li&e!ise bereft of authority to ta&e cogni'ance of the issue(issues raised in the principal action, as long as such action and the relief sought are !ithin their jurisdiction.
:ernandeG vs @,P%4%R, (arch #3, #$$6 The prohibition (under R, 88.5) is not meant to be a blan)et prohibition as to disregard the fundamental right to health, safety and well1being of a community guaranteed by the fundamental law of the land. T(erefore6

an in !n"ti-e relief may 0e i$$!e) 0y any ot(er "o!rt '(o (a$ !ri$)i"tion o-er t(e $!0 e"t matter '(ene-er national *o-ernment ,ro e"t$ $(all 0e )etrimental to oneB$ ri*(t to life.
'trong ,rm of <!uity H Preliminary in unction/ It shou & o" # %e e(te"&e& i" cases of

1. 'reat i"$ur# where courts of aw ca""ot affor& a" a&e)uate or co!!e"surate re!e&# i" &a!a'es4 )in cases of e treme urgency* 2. !here the right is +ery clear* ,. !here considerations of relati+e incon+enience bear strongly in complainant-s fa+or* .. !here there is a !illful and unla!ful in+asion of plaintiff-s right against his protest and remonstrance, the injury being a continuing one, and +. !here the effect of the mandatory injunction is rather to reestablish and maintain a pree isting continuing relation bet!een the parties, recently and arbitrarily interrupted by the defendant, than to establish a ne! relation.
31II. Time to Crant In !n"tion ,t any stage of an action or proceeding prior to the udgment or final order (sec.* Rule 58) 31III. 3I3. 2U&&ICIENCY O& COMPLAINT6 APPLICATION AND OTDER REEUI2ITE2 , in unction or TR% may be granted only when2 *. the application for the same is ><R"="<9 #. the application shows that the applicant is entitled to the relief sought 3. unless e&empted by the court, the applicant shall e&ecute a bond to the party en oined, in an amount fi&ed by the court. The filing of the bond is conditioned upon to pay the party en oined all damages that he may sustained by reason of the in unction or the TR% if the court should finally decide that the applicant is not entitled thereto. -. Bpon approval of the re!uisite bond, a writ of preliminary in unction shall be issued Dhen the application for a writ of preliminary in unction or TR% is included in a complaint or any initiatory pleading2 a. "f filed in a multiple sala2 *. The case shall be raffled only after notice to and in the presence of the adverse party %R the person to be en oined #. The notice shall be preceded, or contemporaneously accompanied, by2

ORAL, DANIEL MARTIN G.

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a. 'ervice of summons upon the adverse party in the P:l+"PP"@<' b. Together with the copy of the2 "nitiatory pleading The applicantEs affidavit The applicantEs bond ;R2 @o service of summons/ no implementation <&2 *. 'ummons could not be served personally or by substituted service despite diligent efforts #. ,dverse party is a resident of the Philippines temporarily absent 3. 9efendant is a non1resident thereof ,pplication of TR% when shall be heard or acted upon 0 The application for a TR% shall be acted upon only2 after all parties are heard in a summary hearing the summary hearing shall commencedIconducted within #- hrs after the sheriffEs return service andIor the records are received by the branch selected by raffle and to which the records shall be transmitted immediately. +and 5an) of the Philippines vs 4ontinental Datchman -#$ '4R, 6#The e&ercise of sound udicial discretion by the trial court in in unctive matters must not be interfered with e&cept when there is manifest abuse. Republic vs <vangelista -66 '4R, 5-,t the hearing for the issuance of a writ of preliminary in unction, mere prima facie evidence is needed to establish the applicantEs rights or interests in the sub ect matter of the main action 0 the applicant is re!uired only to show that he has an ostensible right to the final relief prayed for in his complaint. 33. In !n"tion Fon) 4$e".> G 87 2e".>. a preliminary in unction or TR% shall not issue unless the applicant shall e&ecute a bond to the party or person en oined, in an amount fi&ed 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 in unction or TR% if the court should finally decide that the applicant was not entitled thereto. Limitle$$ ,otential -$ CA 4$!,ra7 I$$!e# I$ it ne"e$$ary for an en oine) ,arty '(o $!$taine) )ama*e$ 0y rea$on of t(e in !n"tion to ,ro-e mali"e or la"+ of *oo) fait( in t(e i$$!an"e t(ereof 0efore (e "an re"o-er )ama*e$ a*ain$t t(e in !n"tion 0on)H No. Mali"e or la"+ of *oo) fait( in t(e i$$!an"e of t(e in !n"tion i$ not an element of re"o-ery of t(e in !n"tion 0on). To re!uire otherwise would ma)e the filing of a bond a useless formality. The dissolution of the in unction, even if the in unction was obtained in good faith, amounts to the determination that the in unction is wrongfully obtained and a right of action on the in unction bond immediately accrues. The in unction bond is intended as a security for damages in case it is finally decided that the in unction ought not to have been granted. "ts principal purpose is to protect the en oined party against loss or damage by reason of the in unction, and the bond is usually condition accordingly. The damages sustained as a result of a wrongful obtained in unction may be recovered upon the in unction bond which is re!uired to be deposited with the court as provided in 'ec.#$, Rule 5. which is similarly applicable to preliminary in unction. 'ec.6. ;rounds for ob ection to, or for motion of dissolution of, in unction or restraining order 0 'ub ect of ob ectionIdissolution2 Preliminary "n unction or TR% /(en may 0e )enie) If *rante)6 '(en may 0e )enie) May 0e mo)ifie) upon showing of its if it appears that the e&tent insufficiency of the Preliminary "n unction or restraining order is T%% on the other grounds upon affidavits of the party or person ;R<,T, it may be modified en oined if it appears after hearing that although the applicant is entitled to the in unction or restraining order, the issuance or continuance thereof, as the case may be, D%B+9 4,B'< "RR<P,R,5+< 9,(,;< T% T:< P,RTC %R P<R'%@ <@F%"@<9 D:"+< T:< ,PP+"4,@T can be fully compensated for such damages as he may suffer, provided

ORAL, DANIEL MARTIN G.

that the party or person en oined files a bond in the amount fi&ed by the court conditioned that he will pay all damages which the applicant may suffer by the denial or dissolution of the in unction or restraining order. 2e".8. 2er-i"e of "o,ie$ of 0on)$: effe"t of )i$a,,ro-al The party filing a bond shall forthwith serve a copy of such bond on the other party. Dhen in unction shall be dissolved2 a,,li"antB$ 0on) is found to be insufficient in amount if the surety or sureties fails to ustify a bond sufficient in amount with sufficient sureties approved after ustification was not filed when in unction shall be restored or granted, as the case may be2 if the bond of the adverse party is found to be insufficient in amount the surety or sureties thereon fail to ustify a bond sufficient in amount with sufficient sureties approved after ustification is not filed forthwith 33I. O0 e"tion$ to i$$!an"e 4$e".A6 R!le 587 The application for in unction or restraining order may be denied upon2 *. showing of its insufficiency #. on other grounds 3. if it appears after hearing that it would cause irreparable damage to the party or person en oined -. the e&tent of the order is too great 33III. /(en i$ &inal In !n"tion I$$!e) 'ec.8. Dhen final in unction granted 0 if after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently en oined, the court shall grant a final in unction perpetually restraining the party or person en oined from the commission or continuance of the act or acts or confirming the preliminary mandatory in unction. 33I1. Interim R!le$ on Intra.Cor,orate Contro-er$ie$ SECTION . !a" Cases covered. 1 These Rules shall govern the procedure to be observed in civil cases involving the following2 *. 9evices or schemes employed by, or any act of, the board of directors, business associates, officers or partners, amounting to fraud or misrepresentation which may be detrimental to the interest of the public andIor of the stoc)holders, partners, or members of any corporation, partnership, or association/ #. 4ontroversies arising out of intra1corporate, partnership, or association relations, between and among stoc)holders, members, or associates/ and between, any or all of them and the corporation, partnership, or association of which they are stoc)holders, members, or associates, respectively/ 3. 4ontroversies in the election or appointment of directors, trustees, officers, or managers of corporations, partnerships, or associations/ -. 9erivative suits/ and 5. "nspection of corporate boo)s. RB+< *$ PR%>"'"%@,+ R<(<9"<' SECTION . #rovisional remedies. 1 , party may apply for any of the provisional remedies provided in the Rules of 4ourt as may be available for the purposes. Do'e-er6 no tem,orary re$trainin* or)er or $tat!$ %!o or)er $(all 0e i$$!e) $a-e in e;"e,tional "a$e$ an) an) t(e ,o$tin* of a 0on). AA>. AM no. @8.??.@8.2C 'pecial Rules of 4ourt on ,lternative 9isputes

only after (earin* t(e ,artie$

RULE 5: INTERIM MEASURES OF PROTECTION Rule 5.1. #ho may as& for interim measures of protection . 2 A part# to a" ar%itratio" a'ree!e"t !a# petitio" the court for i"teri! !easures of protectio".

ORAL, DANIEL MARTIN G.

Rule 5. . #hen to petition. 2 A petitio" for a" i"teri! !easure of protectio" !a# %e !a&e -a. %efore ar%itratio" is co!!e"ce&, -%. after ar%itratio" is co!!e"ce&, %ut %efore the co"stitutio" of the ar%itra tri%u"a , or -c. after the co"stitutio" of the ar%itra tri%u"a a"& at a"# ti!e &uri"' ar%itra procee&i"'s %ut, at this sta'e, o" # to the e(te"t that the ar%itra tri%u"a has "o power to act or is u"a% e to act effecti*e #. Rule 5.!. /enue. 2 A petitio" for a" i"teri! !easure of protectio" !a# %e fi e& with the Re'io"a Tria ,ourt, which has $uris&ictio" o*er a"# of the fo owi"' p aces1 a. Chere the pri"cipa p ace of %usi"ess of a"# of the parties to ar%itratio" is ocate&4 %. Chere a"# of the parties who are i"&i*i&ua s resi&es4 c. Chere a"# of the acts sou'ht to %e e"$oi"e& are %ei"' perfor!e&, threate"e& to %e perfor!e& or "ot %ei"' perfor!e&4 or &. Chere the rea propert# su%$ect of ar%itratio", or a portio" thereof is situate&. Rule 5.". 0rounds. 2 The fo owi"' 'rou"&s, whi e "ot i!iti"' the reaso"s for the court to 'ra"t a" i"teri! !easure of protectio", i"&icate the "ature of the reaso"s that the court sha co"si&er i" 'ra"ti"' the re ief1 a. The "ee& to pre*e"t irrepara% e oss or i"$ur#4 %. The "ee& to pro*i&e securit# for the perfor!a"ce of a"# o% i'atio"4 c. The "ee& to pro&uce or preser*e e*i&e"ce4 or &. The "ee& to co!pe a"# other appropriate act or o!issio". Rule 5.5. %ontents of the petition. 2 The *erifie& petitio" !ust state the fo owi"'1 a. The fact that there is a" ar%itratio" a'ree!e"t4 %. The fact that the ar%itra tri%u"a has "ot %ee" co"stitute&, or if co"stitute&, is u"a% e to act or wou & %e u"a% e to act effecti*e #4 c. A &etai e& &escriptio" of the appropriate re ief sou'ht4 &. The 'rou"&s re ie& o" for the a owa"ce of the petitio" Apart fro! other su%!issio"s, the petitio"er !ust attach to his petitio" a" authe"tic cop# of the ar%itratio" a'ree!e"t. Rule 5.#. Type of interim measure of protection that a court may grant .2 The fo owi"', a!o"' others, are the i"teri! !easures of protectio" that a court !a# 'ra"t1 a. =re i!i"ar# i"$u"ctio" &irecte& a'ai"st a part# to ar%itratio"4 %. =re i!i"ar# attach!e"t a'ai"st propert# or 'ar"ish!e"t of fu"&s i" the custo&# of a %a"6 or a thir& perso"4 c. Appoi"t!e"t of a recei*er4 &. Dete"tio", preser*atio", &e i*er# or i"spectio" of propert#4 or, e. Assista"ce i" the e"force!e"t of a" i"teri! !easure of protectio" 'ra"te& %# the ar%itra tri%u"a , which the atter ca""ot e"force effecti*e #. Rule 5.$. $ispensing !ith prior notice in certain cases. 2 =rior "otice to the other part# !a# %e &ispe"se& with whe" the petitio"er a e'es i" the petitio" that there is a" ur'e"t "ee& to either -a. preser*e propert#, -%. pre*e"t the respo"&e"t fro! &isposi"' of, or co"cea i"', the propert#, or -c. pre*e"t the re ief pra#e& for fro! ORAL, DANIEL MARTIN G. 19

%eco!i"' i usor# %ecause of prior "otice, a"& the court fi"&s that the reaso"3s 'i*e" %# the petitio"er are !eritorious. Rule 5.%. %omment(Opposition. 2 The co!!e"t3oppositio" !ust %e fi e& withi" fiftee" -1+. &a#s fro! ser*ice of the petitio". The oppositio" or co!!e"t shou & state the reaso"s wh# the i"teri! !easure of protectio" shou & "ot %e 'ra"te&. Rule 5.&. %ourt action. 2 After heari"' the petitio", the court sha %a a"ce the re ati*e i"terests of the parties a"& i"co"*e"ie"ces that !a# %e cause&, a"& o" that %asis reso *e the !atter withi" thirt# -39. &a#s fro! -a. su%!issio" of the oppositio", or -%. upo" apse of the perio& to fi e the sa!e, or -c. fro! ter!i"atio" of the heari"' that the court !a# set o" # if there is a "ee& for c arificatio" or further ar'u!e"t. If the other parties fai to fi e their oppositio" o" or %efore the &a# of the heari"', the court sha motu proprio re"&er $u&'!e"t o" # o" the %asis of the a e'atio"s i" the petitio" that are su%sta"tiate& %# supporti"' &ocu!e"ts a"& i!ite& to what is pra#e& for therei". I" cases where, %ase& so e # o" the petitio", the court fi"&s that there is a" ur'e"t "ee& to either -a. preser*e propert#, -%. pre*e"t the respo"&e"t fro! &isposi"' of, or co"cea i"', the propert#, or -c. pre*e"t the re ief pra#e& for fro! %eco!i"' i usor# %ecause of prior "otice, it sha issue a" i!!e&iate # e(ecutor# te!porar# or&er of protectio" a"& re)uire the petitio"er, withi" fi*e -+. &a#s fro! receipt of that or&er, to post a %o"& to a"swer for a"# &a!a'e that respo"&e"t !a# suffer as a resu t of its or&er. The e(2parte te!porar# or&er of protectio" sha %e *a i& o" # for a perio& of twe"t# -29. &a#s fro! the ser*ice o" the part# re)uire& to co!p # with the or&er. Cithi" that perio&, the court sha 1 a. Dur"ish the respo"&e"t a cop# of the petitio" a"& a "otice re)uiri"' hi! to co!!e"t thereo" o" or %efore the &a# the petitio" wi %e hear&4 a"& %. Notif# the parties that the petitio" sha %e hear& o" a &a# specifie& i" the "otice, which !ust "ot %e %e#o"& the twe"t# -29. &a# perio& of the effecti*it# of the e(2parte or&er. The respo"&e"t has the optio" of ha*i"' the te!porar# or&er of protectio" ifte& %# posti"' a" appropriate cou"ter2%o"& as &eter!i"e& %# the court. If the respo"&e"t re)uests the court for a" e(te"sio" of the perio& to fi e his oppositio" or co!!e"t or to reset the heari"' to a ater &ate, a"& such re)uest is 'ra"te&, the court sha e(te"& the perio& of *a i&it# of the e parte te!porar# or&er of protectio" for "o !ore tha" twe"t# &a#s fro! e(piratio" of the ori'i"a perio&. After "otice a"& heari"', the court !a# either 'ra"t or &e"# the petitio" for a" i"teri! !easure of protectio". The or&er 'ra"ti"' or &e"#i"' a"# app icatio" for i"teri! !easure of protectio" i" ai& of ar%itratio" !ust i"&icate that it is issue& without pre$u&ice to su%se)ue"t 'ra"t, !o&ificatio", a!e"&!e"t, re*isio" or re*ocatio" %# a" ar%itra tri%u"a . Rule 5.1'. Relief against court action. 2 If respo"&e"t was 'i*e" a" opportu"it# to %e hear& o" a petitio" for a" i"teri! !easure of protectio", a"# or&er %# the court sha %e i!!e&iate # e(ecutor#, %ut !a# %e the su%$ect of a !otio" for reco"si&eratio" a"&3or appea or, if warra"te&, a petitio" for certiorari. Rule 5.11. $uty of the court to refer bac& . 2 The court sha "ot &e"# a" app icatio" for assista"ce i" i!p e!e"ti"' or e"forci"' a" i"teri! !easure of protectio" or&ere& %# a" ar%itra tri%u"a o" a"# or a of the fo owi"' 'rou"&s1 a. The ar%itra tri%u"a 'ra"te& the i"teri! re ief e( parte4 or %. The part# opposi"' the app icatio" fou"& "ew !ateria e*i&e"ce, which the ar%itra tri%u"a ha& "ot co"si&ere& i" 'ra"ti"' i" the app icatio", a"& which, if co"si&ere&, !a# pro&uce a &iffere"t resu t4 or c. The !easure of protectio" or&ere& %# the ar%itra tri%u"a a!e"&s, re*o6es, !o&ifies or is i"co"siste"t with a" ear ier !easure of protectio" issue& %# the court. If it fi"&s that there is sufficie"t !erit i" the oppositio" to the app icatio" %ase& o" etter -%. a%o*e, the court sha refer the !atter %ac6 to the ar%itra tri%u"a for appropriate &eter!i"atio". ORAL, DANIEL MARTIN G. 11

Rule 5.1 . 1ecurity. 2 The or&er 'ra"ti"' a" i"teri! !easure of protectio" !a# %e co"&itio"e& upo" the pro*isio" of securit#, perfor!a"ce of a" act, or o!issio" thereof, specifie& i" the or&er. The ,ourt !a# "ot cha"'e or i"crease or &ecrease the securit# or&ere& %# the ar%itra tri%u"a . Rule 5.1!. Modification, amendment, re+ision or re+ocation of court-s pre+iously issued interim measure of protection. 2 A"# court or&er 'ra"ti"' or &e"#i"' i"teri! !easure3s of protectio" is issue& without pre$u&ice to su%se)ue"t 'ra"t, !o&ificatio", a!e"&!e"t, re*isio" or re*ocatio" %# the ar%itra tri%u"a as !a# %e warra"te&. A" i"teri! !easure of protectio" issue& %# the ar%itra tri%u"a sha , upo" its issua"ce %e &ee!e& to ha*e ipso $ure !o&ifie&, a!e"&e&, re*ise& or re*o6e& a" i"teri! !easure of protectio" pre*ious # issue& %# the court to the e(te"t that it is i"co"siste"t with the su%se)ue"t i"teri! !easure of protectio" issue& %# the ar%itra tri%u"a . Rule 5.1". %onflict or inconsistency bet!een interim measure of protection issued by the court and by the arbitral tribunal. 2 A"# )uestio" i"*o *i"' a co"f ict or i"co"siste"c# %etwee" a" i"teri! !easure of protectio" issue& %# the court a"& %# the ar%itra tri%u"a sha %e i!!e&iate # referre& %# the court to the ar%itra tri%u"a which sha ha*e the authorit# to &eci&e such )uestio". Rule 5.15. %ourt to defer action on petition for an interim measure of protection !hen informed of constitution of the arbitral tribunal. 2 The court sha &efer actio" o" a"# pe"&i"' petitio" for a" i"teri! !easure of protectio" fi e& %# a part# to a" ar%itratio" a'ree!e"t arisi"' fro! or i" co""ectio" with a &ispute thereu"&er upo" %ei"' i"for!e& that a" ar%itra tri%u"a has %ee" co"stitute& pursua"t to such a'ree!e"t. The court !a# act upo" such petitio" o" # if it is esta% ishe& %# the petitio"er that the ar%itra tri%u"a has "o power to act o" a"# such i"teri! !easure of protectio" or is u"a% e to act thereo" effecti*e #. Rule 5.1#. %ourt assistance should arbitral tribunal be unable to effecti+ely enforce interim measure of protection. 2 The court sha assist i" the e"force!e"t of a" i"teri! !easure of protectio" issue& %# the ar%itra tri%u"a which it is u"a% e to effecti*e # e"force. 331II. 2C Cir. A8.I> . 'ec. *. @o court in the Philippines shall have urisdiction to issue any restraining order, preliminary in unction, or preliminary mandatory in unction in any case, dispute, or controversy involving *. an infrastructure pro ect, or #. a mining, fishery, forest, or other natural resource development pro ect of the government, or 3. any public utility operated by the government, including among others public utilities for the transport of the goods or commodities, stevedoring and arrastre contracts, to prohibit any person or persons, entity or government officials from proceeding with, or continuing the e&ecution or implementation of any such pro ect, or the operation of such public utility, or pursuing any lawful activity necessary for such e&ecution, implementation or operation.
333. =@.I5 ADMINISTRATIVE CIRCULAR NO. 20-95 September 12, 1995 TO: 4%BRT %= ,PP<,+', ',@9";,@5,C,@, 4%BRT %= T,A ,PP<,+', R<;"%@,+ TR",+ 4%BRT', (<TR%P%+"T,@ TR",+ 4%BRT', (B@"4"P,+ TR",+ 4%BRT', (B@"4"P,+ TR",+ 4%BRT' "@ 4"T"<', (B@"4"P,+ 4"R4B"T TR",+ 4%BRT', ':,R"7, 9"'TR"4T 4%BRT', ':,R"7, 4"R4B"T 4%BRT' ,@9 ,++ (<(5<R' %= T:< "@T<;R,T<9 5,R %= T:< P:"+"PP"@<' SUB ECT: R<2 'P<4",+ RB+<' =%R T<(P%R,RC R<'TR,"@"@; %R9<R' ,@9 PR<+"("@,RC "@FB@4T"%@'. *. Dhere an application for temporary restraining order (TR%) or writ of preliminary in unction is included in a complaint or any initiatory pleading filed with the trial court, such compliant or initiatory pleading shall be raffled only after notice to the adverse party and in the presence of such party or counsel. #. The application for a TR% shall be acted upon only after all parties are heard in a summary hearing conducted within twenty1four (#-) hours after the records are transmitted to the branch selected by raffle. The records shall be transmitted immediately after raffle.

ORAL, DANIEL MARTIN G.

12

3. "f the matter is of e&treme urgency, such that unless a TR% is issued, grave in ustice and irreparable in ury will arise, the <&ecutive Fudge shall issue the TR% effective only for seventy1two (.#) hours from issuance but shall immediately summon the parties fro conference and immediately raffle the case in their presence. Thereafter, before the e&piry of the seventy1two (.#) hours, the Presiding Fudge to whom the case is assigned shall conduct a summary hearing to determine whether the TR% can be e&tended for another period until a hearing in the pending application for preliminary in unction can be conducted. "n no case shall the total period of the TR% e&ceed twenty (#$) days, including the original seventy1two (.#) hours, for the TR% issued by the <&ecutive Fudge. -. Dith the e&ception of the provisions which necessarily involve multiple1sala stations, these rules shall apply to single1sala stations especially with regard to immediate notice to all parties of all applications for TR%.

ORAL, DANIEL MARTIN G.

13