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e) Cite Section 2 of Rule 58, Rules of Court.

Should the case remained with


the 11th Division which issued the TRO?

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.

It is submitted that the case should have remained with the 11th division.
Rule VI, Section 2 (d) of the 2009 Internal Rules of the Court of Appeals
instructively provides that when, in an original action or petition for review,
any of the following proceedings has been taken, namely (the):….(ii)
granting temporary restraining order, writ of preliminary
injunction……, the case shall remain with the Justice to whom the
case is assigned and the Justices who participated therein, regardless
of their transfer to other Divisions in the same station. The controversy
over the grant of the writ of preliminary injunction should had remained with
the 11th division despite the subsequent consolidation of cases because the
Internal Rules requires the Justices/Division to retain jurisdiction over the
matter.

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