PRELIM INJUNCTION

Does it apply to inchoate right?

Limtiations
1. only within territorial jurisdiction
exception:??
Lifetime? Until judgement
Can tro be extended?
How long?
How many tro can be had?
Cioplaint with prayer for relim injunction or TRO
EXEcutive judge > grounds based on E.G.I > TRO (72 hrs)
>raffle> notice to adverse party (with complaint,affidavit,bond,
>given to branch 1> summary hearing within 24 hrs >either issue TRO where 72 hrs ncluded in
20 day period OORR deny.
Grave irreparable injury not needed for injunction ONLY NEEDED FOR TRO
Objection to motion for dissolution
1. insufficient2. if bond is insufficient in amt? dissolved agad?
How do you claim for dmages?
How to claim dmg if no bond? Counterclaim?
Claim on appeal.
MY NOTES
S1 prelim ijunction is an order granted at any stage of acton or proceeding prior to the
judgement or final order requiring a party or a court agency or a person to refrain from
particular act or acts it may also require performance of a particular act or acts AKA prelim
mandatory inunction
Prohibitory- refrain from particular ats
Mandarory- command the performance of some positive act to correct a wrong in the past
Injunction- directed ony to the parties litigant
Prohibition is directed to a court commanding it to cease from exercising jurisdiction
Mandamus- is a remedial writ toredress past grivances
Distinctions
Injunction is a judicial writ process or proceeding whereby a party is ordered to do or refraim from
doing certain acts. It may be the main action or merely a provisional remedy
A restraining order is issued to preservethe status quo until the hearing of the application for
prelim injunction which cant be issued ex prtye. A judge may issue a TRO with limited lie of 20
days

Purpose
It is a provisional premedy to preserve cand protect certain rights and interest during the
pendency of an action. It is to preserve the statu quo ante the last actual peaceful and
uncontested status (LAPUS) that preceded the actual controversy
To prevent actual or threatened acts violative of the rules of equity and goofd conscienve
To prevent threatened or continuous irremediable injury before their claim can be thoroughly
stidied
Suspension order is equivalent to injunction
A person who is not a party n a main suit cant be bound by ancillary writ
Status quo
The lst acual peacable uncontested status which preceded the pendng controversy
Status quo in prohibitory nd mandatory injunction
In prohibitory, it is yet to be performed and is one alleged to be illegal. Enjoined because it would
cause irreparable injury.. in mandatory, the sttus quo to be preserbd is the situation in which
pleader is before the act already commtted and complained of.
S 2- under the present rule, a prelim injunction may be granted only by the court where the
action or proceeding is pending. This includes the MTC
Territorial limitations
Injunctions issued by RTC are limited to ats committed or to be committed within territorial
jurisdiction. Doctrine is limte to prohibitory and injunctive writs
Rtc shall exercise orig jurisdiction. Injunction which may be enforced in any part of their
respective in any part of their respective regions
S 21 of BP 129 has broadened the territorial enforceability of the writ from disctrict or province to
region.
The doctrine in support of the theory of non jurisdiction is inapplicavle in those cases which
involve petition for writ of injunction seeking to control the actions of courts or officers outside the
territorial jurisdiction of the respondent court where the sole issue is the legality odf the decision
of admin officials, a diff rule obtains.
The power eists even if the person or officer who issued the order sought to be restrained holds
office in a place outside of its territorial boundaries.. inasmuch as the acts sought to be restrained
were to be performed within the territorial boundaries of the proince of davao.
Where the prnincipal office of the corp is within the courts territorial jurisdiction, the writ may
issue even if the acts sought to be restrained is to be carried outside of its jurisdiction
Separate injunction suits may be filed for breach of mortgage contract with injunction to retrain
the extra judicial foreclosure proceeding s of mortgaged properties located in different provinces
without violating the rule against forum shopping since injunction is enforceable only within the
territorial limits of th trial court.
Any member of the court may issue TRO or injunction in extreme urgency amd o the tradotopm pf
the SC the court en banc or division ratifies or confirms the act of a single justice at the very next
session of the court

S2 Action by the presiding justice (CA) when a petition involves an urgent matter and there is no
way of convening the raffle committee or calling any of its justices or the executive justice as the
case maybe or in their absence, the most senior justice present may conduct the raggle or act on
the petition subject to raffle on the next woking day
S5- all members o the division shall act upon an application for a TRO and writ of preliminary
injunction. However, if the matter is of extreme urgency,and a justie is absent,the 2 other justices
shall act upon application. If only the ponente is present, then he shall act alone upon the
application. Te action of the two justies or of the ponente shall be submitted on the next working
day to the absent member
S3 Grounds
1. applicant is entitled to the relief demanded and the whole or part of such relief consists in
retraining the commission or continuance of the acor acts complained of or is requiring
performance of an act or act
2. that the commission continuance or non performance would probably wor k ininjustice to
the applicant
3. that a party court agency or a person is doing threatening or is attempting to do or is
procuring or suffering oto be done some act or acts probably in violation of the rights of the
applicant repectin the subject of the action or proceeding and tending to render the
judgement ineffectual
Propriety of issuance of prelim injunction
1. some substantive relief must be sought. Prelim injunction is adjunct to the main suit. The
dismissal of the principal tgus results in the denial of the prayer for the issuance of the writ.
Essential requisites for the issuance of prelim injunction
1. a clear positive right must be shown. Injunction is not a remedy to protect or enforce
contingnt absrract or future right
existence of a right violated. And a permanent one should not be awarded except in a cear
case of and prevent irreparable injury.
An injunction will not issue to restrain n act which does not give rise to a cause of action
2. there must be a right in isse; a right to be protected
-

court shud avoid issuing a writ of preliminary injunction which would in effect dispose of the
main cae without trial

Injunction not issue where act sought to be prevented/enjoined had been committed/
comsummatted acts
An injunction to stay a final and execuory decision is unavailing except only after that showing
that facts and circumstances exis which would render execution unjust or inequitable or that a
change in the situation of the parties occurred
When petitioner moved for the issuance of a writ of execution beforethe MTCC a certificate of
titled had already been issued to the NHA. In view of this intervening development, it was only
proper of the court of appeals to direct the RTC where the civil case was pending to grant the writ
o f prelim injunction to restrain the enforcemenr
Court sould not issue orders or injunctions beyond those prayed for in the complaint
Injunction is not designed to protect contingent or future rights

Prelim injunction may issue to prevent future wrongs although no right ha been violated
SUMMARY OF ESSENTIAL REQUISITES
1. clear and unmistakable right
2. material and substantial ivnasok of right
3. urgent and permanent necesseity for the writ to prevent serious dmg
the conflicting claims of te parties to the subject service mark and logo mens the right claimed
bu plaintiff as its basis for asking injunctive relief is far from clear. The prima facie validity of its
registration has been put int serious question by the above stated cases. Claimed right must be
shown t eist nd is not vitiated by any substantial challenge or contradiction
Irreparable injury
Writ shud never issue when an action for damages would adequately compensate the injuries
caused. It rests on possibility of irreparable injury,inedeuacy of pecuniary compensation
and the preventon of the multiplicity o suits.
Meaning- no standard by which their amount can be measured with reasonable
accuracy. Degree of wrong of a repeated and continuing kind which produce hurt inconvenience
or damage that can be estimated only by conjecture and not bu any accurate standard of
measurement. Ot cpmsosts of a serious chatge of or is destrictive to the property that it affects.
When the property has some peculiar quality or use so thats its pecuniary value will not fairly
recompense the owner of the loss thereof.
Constant and frequent recurrence that no fair or reasonable redress can be had therefor in
a court of law. There is no stard bu which their amount can be measured with reasonable
accuacu. Tjat is not susceptible of mathematical comoutation. It is beyond possibility of repair or
beuond possible compensation in damages
Requisites for issuance of mandatory injunction
1. invasion of right is material and substantial
2. right is clear and unmistakeablee
3. urgent and permanent necessity to prevent serious damage
WHEN CAN IT ISSUE EXPARTE
1. when in case of extreme urgency
2. when right I s clear
3. when consideration of relative inconvenience bear strongly in complainants favor
4. where there is a willfull and unlawful invasion of plaintifs right against his
protest and remonstrance
5. injuy being continuous one
6. and effect is to re establish and maintain a pre existing relationship recently and
arbitrarily interrupted by defendant than to estavlish a new relation
Injunction not allowd to transfer possession
A court shud, not by means of injunction, not transfer possession of one party to another where
the legal title is in dispute and the paty having psossession asserts ownership thereto. T
EXP

In sec 15 rule 70 governing forcivle entrie in which the court may sisseu preliminary mandaotory
injunction and by section 20 thereof involving leases which the court may on appeal grant similar
mandatory inknctive relief. Appls only to ejectment cases exclusively cognizable by mtc
A possessor deprived of his possession thru forcible entry within 10 days from filing of complaint
present motion for a writ of prelim mandatory injunction to restore him in his possession
In ejectment cae where an appeal is taken the remedy in art 539 2nd par if the highest cort is
satisfied that the lessee appeal is fribolos or dilatory or the lessors appeal is prima facie
meritorious
Sec 33 of BP 1229 allows plaintiff in an unlawful detainer action to apply for a writ of prelim
injunction
When prop covered by torrens title
When there is a clear finding of ownerhip and possession of the land or unless the subject
property is covered by a torrens title pointing to one of the parties a the undisputed owner.
Discretion in issuance of prelim injunction
The court msut state its own finding of fact and cite the particlst llaw to justify
He who must apply for it must come with equirt or with clean hands.
Strong arm of equity
Sought for the proction of the rights of s party before the final determination of his rights wis a vis
others in a pending case
Cases where injunction is improper
1. injunction vs courts or tribulnals of co equal rank prohibited
a court may not interfere by injunction with the judgements or orders of another court of
coordinate and concurrent jurisdiction
the principle applies whether it is an ordinary action or spec civ
no writ may be issued by the RTX vvs quasi judicial bodies of equal rank such as SSC SEC
and PSC
courts have no jurisdiction to restrain congress from performing constitutional vested
functions
inferior courts may issue writs od prelim injunction only in forcivle entry and unlawful
detainer caes
under the doctrine of separation of powers courts have no jurisdiction to retrain congress
from performing its constitutionally vetsed powers
inferior court may issue prelim injunction only in forcible entry and un;awful detainer cases
2. injunction orders prohibited in the ff cass
a. labor disutes under BP 227 ammending art 2455 of labor code no temporary or
permanent injunction in cases growing out of a labor dispute shall be issued by a court or
other entity
b. prohibition fo injunction involving concessions licenses and other permits issued by publc
admin office or bodies for the exploitation of ntural resources
c. PD 18 18 prohibition of injunction in cases involving infrastructure and natural resources
development and public utilities
The prohibitions under PD 695 and PD 1818 pertain to the issuance of injunction or
restraineing order by courts against admin acts in controversies involving facts or
the exercise of discretion in technical cases. However, on issues defenitily outside of
their dimension and involving questions of law, like non compliance with the rules on

bidding, courts shouldnt be prevented by PD 6005 from exercising their ower to retrain
or prohivit admin acts pd 1818
d. govertment financing institution
e. PD 385- prohibition to issue injunction against any government financial institution in
any action taken by such institution in connection with the mandatory foreclosue
where the arrears amount to atleast 20% of the total outstanding obligations
incluing interest and other charhes as appearing in the book of acoounts. It isnt
applicable to properties already foreclosed
f. Admin circular 92- no ourt in the Philippines shall have jurisdiction to issue any
restraining order or writ against PARC or any of its ult uthorized or designated agencies
in any case dispute or controversy arising from necessary to or in connection with the
application implementation enforcement or interpretation of this act and other
pertinent reform
Under ra 6657 or CARL the dar has exclusive jurisdiction ver agrarian disputes except in te apect
of just compensation,criminal jrusidiction
RTC have not completely divested of jurisdiction ver agrarian reform matters, SEC 56 of RA 6657
confers special jurisdiction on special agrarian courts over determination of just compensation
g. prohibition to issue injunction vs Asset privatization trust EXP when a petitioner assails a
statute or admin order made out a case of unconstitutionality aside from showing a clear
legal right to the remedy sought
h. PD 605 which prohibits court to issue prelim injunction in a case involving the issuance or
approval by admin officials of public grnants in connection with the exploitation of
natural resources does not apply in a case where the complaints does not put in issue
the legitimacy of the defendants claim of being holders of mining lease contract but
asserts that defendants had rights
i. To restrain collection of taxes- under NIRC injunction is not available to restrain collection
of tax- no court shall have the authority to grant an injunction to restrain the collection of
any national internal revenue tax,fee or chage imposed bu this code. The remedy is to
pay the ax frst formerly under protest and now without need of protest file the cliaim
with the collector
j. Exception
a. where ther are special circumstances that bear existence of irreparable injurythe
CTA may retrain a distraint and levy ordered by IR to collect taxes when
k. when a party has been proclaimed a duly elected mayor injunction may not issue to
retrain him from assuming office
l. pendecy of an election prtest isnt sufficient basis to enjoin petitioner from assuming
office required by law
m. CFI has no power to issue a writ of injunction against RoD if its effect is to render
nugaotru a writ of execution issued by NLRC
n. A writ of njunction is not proper to stop the execution of judgemen where the judgment
was already executed. But where the lower court efornced its judgement before a party
against whom the eexecution was enforced could elevate her appeal in an injunction suit
which was instituted to prevent said execution an independent petition for incuntion in
court of appeals is justified
o. Injunction will not lie to enjoin prosecution of crim pprosec
p. EXP
1. to affod adequate protection to the consti rihts of accused
2. when necessary for the orderly admin of jusitice or avoid oppression or multiplicity or
actions
3. prejudicial question
4. acts of the officer are without or in excess of authority
5. prose is under an invalid law ordinance or regulation

6. clear double jeopardy

q.

r.

s.
t.
u.

7. court has no jurisdiion over offense

8. it is a case of persecution rather than prosecution
9. when the charges are manifestly false and motivated by lust for vengeance
10.
when there is clearly no prima facie case against accused and a motion
to quash on that ground has denied
11.
prelim injunction has been issued by the supreme court to prevent the
threatened unlawful arrest of petitioner
12.
yu cong vs Trinidad
13.
ang vs castro where the SC found in a separate case found the
communication alleged to be libelous as privileged and not libelous
14.
primicias vs municipality of urdaneta where a traffic ordinance was
found to be invalid
15.
guingona vs city fiscal of manila where the fiscal was restrained from
further proceeding with crim case found o be ivil in nature but no injunction ma issue
to delay an investigation by ombids man
under RA no 6770 sec 14 no writ of injunction shall be issued by any court to delay an
investigation conducted by the ombudsman under this act unless there is prima facie
evidence that the subject matter of the investigation is outside the jurisdiction of the
office of the ombudsman. No court shall shear any appeal or applcaton for reedy
agaianst the decision or findigns of the ombudsman except SC on pre question of law
under article 254 of Labor coe, no temporary or permanent injunction or retraining order
shall be issued by any court or other entitity except as otherwise provided in article 218
and 264. Under the first exception, article 218(e) of the labor code expressly cofers upon
the LRC power to enjoin or restrain actual and threatened commission of any or all
prohibited unlawful acts or to require performance of a paericular act in any
labor disput which if not retrained or performed may cause grave and
irreparable injury. The second exception is when the laboroorg ir the employer
engages in any of the prohibited activities. Pursuant to article 218(e) It can restrain an
actual or threatened unlawful strike.
The authority of a labor artier to issue injunction is limited only to labor disputes and
does not extend to civil disputes
The courta are not without power to confine or localize the sphere of communications or
the demonstration to the parties to the labor dispute, including those with related
interest and to insulate establishments or persons with no industrial connections
Are regular couers authorized to issue TROs or writs of preli innction to restrain a levy on
execution pursuant to a final jdgemnt of the labor court made on prop claimed by a
stranger to the labor case?

No court has authority to interfere by injunction with hudgement of another court of coordinate
jurisdiction. Applicae to regulatory commissions or quasi judicial bodies of equal rank wth rtc
<totoo bato?
The principle is the the power of a court in the execution of its judgment extends only over the
properties unequestianbly belonging to the judgement debtor. The sherriff cant ;evy properties
not belonging to the judgement debtor
Ordinary courts may issue injunction against sheriff trying to execute a decision of labor court
against person not party in a labor cae where 3rd party climant is involved
The doctrine of non interference does not apply where a 3rd party claimant is involved

3rd party claim and an injncton against the enforcement of the labor courts decision are no
indidents interwoven with labor disputes. The principle relief soyght is to be resolved by the
general ivil law.
The remed of a 3rd party ckaian aganst the enforcement of the labor cours decision to file a 3rd
part claim with the labor court pursuant to sec 2 rule VI with the laor court pyrsyab ti sec 2 rule 6
of the manual of instruction for sheriffs of the nlrc adopted by the commission pursuant to its rule
making authority is limited to cases growing out of or interwoven with labor dispute. NLRC is only
authorized to promulgate rules to carry out the purposes of the act to exercise jurisdiction over
cases involving or growing out of labor disputes. The denial of the 3rd party claim to prop levied
upon cant operate to bar a subsequent independent actin f claimant to establish this right to
prop. 3rd pary claimant may file a separate reinvindicatory action vs the same eexeution creditor
or purchaser at auction. He may file damages charged vs the bond filed by judgement creditor
served to the 3rd paty claimaint under sec 16 rule 39
A 3rd person whose properties were seized by a sheriff to answer for the obligation od the
judgeement debtor may invoke the supervisory power of the court which hauthorized such
execution. After summary hearing the court may command that the property be released from
mistaken levy. This court cant pas ipo the question of title of the prop. Indepdendent of the above
recourse, one my avail of terrceria by serving on the officer making the levy an affidavit of his
titile and a copy thereog upno the hydgement creditor. The officer shall not be boind to keep the
property
The remedies above mentioned are cumulative and may be resorted to by a 3 rd party claimant
independent of or separately from and without need of availing of the others
Upon the other hand, if the claim of impropriety on the pa of sheriff in the execution is made by a
party not a stranger, any relief therefrom may be applied for with and obtained from only in the
eexecuting court and this is true even if a new party ha een impleaded
When a 3rd party or a straner to an action asserts a claim over the prop levied upob, the claimant
may vindicate his claim y an independent action in the propert civil court
v. the courts whih a losign bidder in a public bidding must refrain from granting temporary
restraining orders or prelim injunctions on an ex parte basis. Plaintiff is required to post a
bond to compensate public and private parties for damages suffered by reason of the
delay imposed upon the project involved
courts must refrain from issung restraining order save where admin rremedies have
been resorted to and exhausted and the plaintiff with sufficient standing to sue has been
made ou a strong case of entitlement by clear showing of arbitrary ad capricios agency
Sec 1 of PD 18 18 privudes that no court shall have jurisdiction to issue any restraining
order prelim inuunction in any case dispute involving any public utility operated by
th government including smong others public utilities for transport of the goods or
commodities to prohibit persons from proceeding /implementation of any such
prohect or with operation of such public utility or purising any lawful activity
necessary for such execution or implementation
w. no injunction vs govt infrastructures; ceteorari as remedy. Direct recourse to the SC is
not allowed
infrastructure- contruction improvement and rehabilitation of roads and bridges railways
airports seaports communication facilities irrigation flood control drainage water supply
and sewage system share protection power facilities national buildings school buildings

hospital buildigns and other related construction prohects that form part of the
government capital investment.
RA 8975 sec 3 no court exc SC shall issue TRO etc etc vs the govt,subdivisions,officials,
entty or public or private acting under govt direction to restrain prohibit or compel
a. acquisition clearance and development of the right of way and or site or location of
any national government projects
b. bidding or awarding of contract project of national govt
c. commencement prosecution execution operation of any such contract or project
d. termination or rescission of any such contract/project
e. undertaking or authorization of any other lawful activity necessary
f. this shall no t pply when the matte r is of extreme urgency involving a
constitutionality issue inless a TRO is issued grabe injustice and irreparable injury will
arise
g. bond must be filed in fave of the govt if the court finally decide that applicant wasnt
entitled
x. no injunction against any private eelextric utility electric cooperative exercisinf the rifgr
an authority to disconnect electric service unless there is a prima facie evidence that the
disconnection was made with evident bad faith or grabe abuse of authority, the
injunction or TRO shall be effective upon filing of a cashbond. Such injunction or
restraining order shall automatically be refused or if granted shall be dissolved opon
filing by
Sec 4- application only granted when
a. the appciation is verified and shows facts entitling the applicant
b. unless exempted , the applicant files bond executed to te party or person
enjoned in amt fized by court to answer all damages party may sustain by reason
of the injunction or tro if the applicant wasnt entitled thereto
c. when an application for a writ of prelim injunction or a TR is included in a
complaint or any initiatory pleading , the case is filed in a multiple sala court it
shall be rafter only after noticr to and in the presence of the adverse party. In
anu event , such notice shall be preeded or contemporaeneosly accompanied by
service of summons together with a copy of the complaint or initiatoy pleading
and the applicants affidavit bond upon the adverse party . hwever where the
summons couldnt be served upon person or by substituted service despite
diligent efforts or the adverse party is a resident of the phil temporarily absent
therefrom or is a non resident thereof the requirement of prior or
contemporaeneous summons shall nto pply
d. the application for a temporary retraining order shall be acted upon in a
summary hearing which shall be condicted within 24 hrs after the sherrif return
of service and/or he records are received by the branch selected by the raffle and
to which the record shall be transmitted immediately.
Bond mandatory unless exempted
The filinf o bond is essential requisite. An order for the issuance of ta corresponding
writ of preliminary injunction is immediately effective before the filing of an injunction
bond within the period fixed in the cout
The bond must be sidined otherwise e plaintiff may not e held responsible
Petitioner must be included as principal
It must be accompanied by proper affidavits priving sufficiency of sureties.
May require the detor to post an injunctive bond
Absence of verification insufficient

aUnless it appears that the enjoined party will not suffer any damage, the presiidin judge must
require applicant to post vond otherwise the courts could become an instrument of oppression
and harassment
SEC 5 no preliminary injunction shall be grantd without hearing and prior notice unless there is
great or irreparable injury before the matter can be heard on notice where Court may issue
TRO or a period of 20 days from service with in the said twenty day period, tge court must order
said party or person to show cause why the injunction should not be granted, determine whether
the injunction shall be granted
In matters of extreme urgency,and the applicant will suffer grave injustice and
iireeparable injury (EGI), the executive judge of a multiple sala court or presiding judge of a
single sala court may issue ex partte a TRO effective only for 72 hrs from issuance but he shall
immediately comply with the provisions of the next preceeding section as to service of summonss
and the document to be served therwith within the aforesaid 72 hrs, the judge shall conduct a
summary hearing to determine whether the TRO shall be extended. In no case shall the total
period of effectivity exceed 20 days including the original 72 hrs provided therein.
In the evebt the application for PI is denied or not resolved within said period, the tro is deemmd
automatically vacated. The effectivity is ntot extendible without need of any judicial declaration
and no court shall have authority to extend or renew
TRO of CA can last 60 days.SC can last until further orders
Nothing herein shll impair affect or modify rights granted by tor rules pertaining to unjunction
contained in exisiting agrarian labor or social legislation
General principles
No prelim unjunction without hearing and prior notice to the party
If it shall appear from the facts that great or irreparable unjury, may issye TRO for 20 days
Procedure: when an application for a writ of injunc or tro is iled in a multiple sala court shall
proceed as ff
1. verified application and bond for PI or TRO
2. determination from the facts sgown by affidavits or by berified application that great or
irreparable injury would result
3. if mattr is of extreme urgency and applicant will suffer grabe injustice or irrepable injury,
issue ex parte tro effective for 72 hrs forom ussiuance
4. in either cas it shall be raffled only upon notice to and in the presence of the averse party or
the person enjoined. In any event such notice shall be preceded or contemporaeneuously
accompanied by service of summons together with copy of the complaint or initiartory
pleaings and the applicants affidavit and bond ipob the adverse party
5. where the summons couldnt be served personally or by substituted service despite diligent
effort or the adverse party os a resodemt pf [ho; temp rarily absent from the phil or is a non
resident, contemporaeneous service shall not apply
6. if no tro has been issued cos no exteme urgency, the application for tro shall be acted ipon
only after parties are heard in a summar hearing which shall be conducted within 24 hrs
after sherrif return of service and/or records are received by the branch selected by rafle
7. determinatoion within twentt dats frm service of TRO on the party sought to be enjoined
whether a prelim injunction shall not issue
8. the effectivity of a TRO retraining order is not extendible and no court shall have authority
to extend or renew the same on the sae ground

the only instance when a TRO may be issued ex parte is when the mattr is of extreme urgency
that grave injustice and irreparable injury will arse. Under such circumstances the executive judge
shall issue the tro effective for 72 hrs. the executive judge shall then summon the parties to a
conference and raffle the case. Before the lapse of 72 hrs, th presiding udge to whom case was
raffled shall conduct a summary hearing to determine wheteh TRO can be extended
thus it is only the executive judge or the presiding judge who may issue ex parte a tro effective
for 72 hrs in case of extreme urgency and grave injustice and irreparable injury (EGI)

the unexplained filure of the judge after the ex parte issuance to conduct hearing on the issuance
of a writ of prelim uinjunction within the time prescribed before the lapse of 72 hrs constitute
grave abuse
the court of appeals ex parte tro allowed in cases of extrme urgency
S2- when petition involves urgent matter such as tro, and there is no way of convening a raffle
committee, presiding justice or exec justice or in their asence the most senior jstice may conduct
a raffle or act on the petition subject to rffle on the next woking day
S5 all members of the division shall act upon an application. If the matter is of extreme urgency,
and a justice is absent, the tw other justices shall act upon the application. If only the ponente is
present, then he shall act alone. The action shall be submitted on the net working day to the
absent members for ratification
-trial type hearing not required. As long as a party is given opportunity to be heard such as
counter affidavit and memorandum
IR of CA
S4- the requirement of hearing o nthe application for prelim injunction is satisfied with the
issuance by the court of a resolution served upon the part sought to be enjoined requiring him to
comment within a period of not more than 10 days. Said party may attach his comment
documents. Court may require to file his reply
TRO purpose
Restraint on him until propriety of granting a injunction can be determined
TRO iproper to transfer possession
EXP TRO amounts to a perpetuation of injurious effets of such acts of usurpation. For the office of
writ of injunction is to restrain the wrong doer not to protect him
Upon approval of requisite bond, writ of prelim injunction shud be issued
Scope
It doesnt carry with it the right to sieze prop belonging to sta clara or to keep propert seized in
their possession
Writ of prelim injunction may be issued even after 20 or 60 das from service of TRO

S6 grounds for objection to or for motion of issolution of PI or TRO

Application for injunction may be denied upon showing of its insufficiency. It may be denied or
dissolved on other grounds upon affidavis of the party or person enjoined OR it if appears after
hearing it wud cause irreparable dmg to thhe party or person enhoined while the applicant can be
fully compensated.
Court may take the ff actions n application for PI
a. deny upon showing of insufficiency
b. denied or dissolve based on other grounds upon affidavits
denied or dissolved it wud cause irreparable dmg to thhe party or person enhoined while the
applicant can be fully compensated. And the former files a bond to pay for all damages which the
applicant may suffer by the denial or the dissolution of the injunction
c. if it appears that the extend of prelim injunction or retraining order is to great, it may be
modified
court shud not just ssumaril issue an order of denial without adequate hearing and judicious
evaluation of the merits . a perfunctoru and improvident action would deny die process and result
in irreparable injury
if the ground is insufficiency and same is apparent from the complaint, it ay be refused outright
with or without notice to the adverse party. In fact, courtmay refuse an injunction on the basis of
affidavits hich may have been submitted by the parties
it would be different if there is a prima fscie showing on the face of motion or pleadings that the
granr of PI may be proper. In which cas notice to the opposing party would be necessary since the
grant of such writ on an expert is now proscribed
If there is a prima facie showin hat PI is proper., hearin shud be conducted.
SC admin circular prohibits ssiaynce of TRO to preent enforcement of final judgement without
notice to hearing
Pi shall be dissolved or refused upon filing of central bank of a bond in amount of twice the bond
of petition (central bank act)
S7- party must serve a copy of such bond on other party who may except to the sufficiency o
bond or of hter surefty/ies if the applicant bond is found to be insufficient in amt or if the surety
fails to jstify and a bond sufficient in amt with sufficient sureties paproved after justification is not
filed forthwith the injunction shall be dissolved. If the bond o f the adverse party is found to be
insufficient in amt the surety or suretie thereon fail to justify a bond sufficient in amt with
sufficient sureties approved after justificationthe injunction shall be granted or restored a the case
may be
Mere insufficiency of bond isnt a ground for dissolution
S8- at the trial the amount of adamge to be awarded to either paty upon the bond of the aderse
party shall be claimed ascertained and awareded under the same procedure prescribed in sec 20
rule 57
In order that hydgement should include the dmg vs the part it must be applied for in the same cse
before judgement becomes executor, otherwise barred forever
The dissolution of an injunction even if injunction in ogood faith amts to determination that
injunction was wrongly obtained and right of action on the injunction bond immediately accrues

Recovery of dmgs os limited to the amt of the bond. There s nothing in the ro c which allows
recovery of damags other than upno the bond pleged.
S9 if after the trial,it appears that applicant is entited to habe act or acts complained
of permanently enjoined the courts shall grant a final injunction perpetually
restraineing the party. From the commission or continuance of act or acts or
confirming the prelim mandatory injunction
Injunction must be obeyed however erroneous unil hhigh court overrules it
May be punished in contempt sec 1 rule 71 . msut make restitution to the party inured

cant say that petitioner can file damage in another case bco the nature of injunction is that it cant
be remedied by anything.
but if can be compensated by damages, it is a defense for a motion for injunction