PRELIMINARY INJUNCTION PRELIMINARY MANDATORY INJUNCTION TEMPORARY RESTRAINING ORDER

BY WHOM: BY WHOM: BY WHOM:

Any Litigant
DIRECTED AGAINST WHOM:
Party, Court, Agency, or Person (PCAP)
GRANTED BY WHOM:
WHO 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.
Sec. 1, Rule 58:
Preliminary Injunction is an order granted at any stage of an
action or proceeding prior to the judgement or final order, requiring a
party or a court, agency or a person to refrain from a particular act or
WHAT acts.
It may also require the performance of a particular act or acts,
in which case it shall be known as a preliminary mandatory in
junction.
Any Litigant
DIRECTED AGAINST WHOM:
Party, Court, Agency, or Person (PCAP)
GRANTED BY WHOM:
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.
A Preliminary Mandatory Injunction is an order granted at any
stage of an action or proceeding prior to the judgment or final
order requiring the performance of a particular act or acts.
A Mandatory Injunction is an extreme remedy and will be
granted only on a showing that (a) the invasion of the right is
material and substantial, (b) the right of the complainant is
clear and unmistakable, and (c) there is an urgent and
paramount necessity for the writ to prevent serious damage.
Any Litigant
DIRECTED AGAINST WHOM:
Party, Court, Agency, or Person (PCAP)
GRANTED BY WHOM:
Can be given by a court even before a hearing, if there is extreme urgency of suffering a grave
injury
Temporary Restraining Order (TRO) is a court order of a limited duration.
- It commands the parties in the case to maintain a certain status until the court can hear further
evidence and decide whether to issue a preliminary injunction.
- It is issued for a short duration as an emergency remedy, stopping a person likely to cause harm
or to maintain the status quo.
- Are issued to preserve the status quo until the hearing of the application for preliminary
injunction which cannot be issued ex parte.

WHEN (a) At any stage prior to the judgment or final order. At any stage of an action or proceeding prior to the judgement At any stage of an action or proceeding prior to the judgement or final order
or final order.
(what stage?)
1. Applicant is entitled to the relief demanded; 1. Applicant is entitled to the relief demanded; 1. Applicant is entitled to the relief demanded;
2. Commission, continuance, or non-performance of the act 2. Commission, continuance, or non-performance of 2. Commission, continuance, or non-performance of the act complained of would work injustice
complained of would probably work injustice to the the act complained of would probably work to the applicant; or
applicant; or injustice to the applicant; or
WHEN (b) 3. PCAP is doing, threatening, or is attempting to do, or is 3. PCAP is doing, threatening, or is attempting to do,
3. PCAP is doing, threatening, or is attempting to do, or is procuring or suffering to be done, some
act or acts probably in violation of the rights of the applicant respecting the subject of the
(grounds) procuring or suffering to be done, some act or acts or is procuring or suffering to be done, some act or action or proceeding.
probably in violation of the rights of the applicant acts probably in violation of the rights of the
respecting the subject of the action or proceeding. applicant respecting the subject of the action or
proceeding.
Can be filed and/or granted by any court where the action or RTC, CA, SC Riano, 2012:
proceeding is pending RTC - Twenty (20) days, including the original 72 hours.
WHERE CA or a member thereof - Sixty (60) days, from notice to the party sought to be enjoined.
SC or a member thereof - Indefinite until further orders.
The purpose of a Preliminary Injunction is to: Its purpose is to require a person to perform a particular A temporary restraining order is issued for the purpose of:
1. restrain a party from going ahead with a course of positive act which has already been performed and has 1. Avoiding injustice to the applicant (Upon finding by the court that the commission, continuance
conduct or violated the rights of another. or non-performance of the act or acts complained of during the litigation would probably work
2. compel a party to continue with a course of conduct until injustice to the applicant)
WHY the case has been decided. The injunction should not establish a new relation between 2. Protecting the rights of the applicant (Upon finding by the court that a party, court, agency or a
It seeks to preserve the status quo and the rights of the parties before the parties, but merely should maintain or re-establish the person is doing, threatening, or is attempting to do, or is procuring or suffering to be done some act
the petition is resolved by restraining action or interference or by pre-existing relationship between them (status quo). or acts probably in violation of the rights of the applicant respecting the subject of the action or
furnishing preventive relief. proceeding, and tending to render the judgment ineffectual.)
File a verified application and applicants bond; if application is 1) File a petition with allegations that will justify the grant of A party must convince the judge that he or she will suffer immediate irreparable harm unless the order is
included in the initiatory pleading, the adverse party should be served preliminary mandatory injunction; issued.
with summons together with a copy of the initiatory pleading and the 2) The prayer should ask for the grant of this provisional If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order
HOW applicants bond. remedy; and immediately, without informing the other parties and without holding a hearing.
3) The court sets a hearing before its granted if meritorious. These orders are intended to be stop-gap measures, and only last until the court holds a hearing on
whether or not to grant a preliminary injunction.

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 Note: Absence of verification makes an application or petition for preliminary
injunction patently insufficient both in form and substance.
1. There must be a verified petition
2. The application must establish that he has a right of relief or a
right to be protected and that the act against which the injunction is
sought violates such right
3. The applicant must establish that there is a need to restrain the
commission of the continuance of the acts complained of and if not
REQUISITES enjoined would work injustice to him,
4. A bond must be posted, unless otherwise exempted by the court.
5. The threatened injury must be incapable of pecuniary estimation
Preventing an act or compelling the performance of an act.
RESULTS Status Quo is preserved
EXPECTED Status Quo the last actual, peaceable and uncontested
situation which precedes a controversy. It is the situation
existing at the time of the filing of the case.
It is merely temporary (provisional remedy)
Will hold UNTIL after the trial of the case has been
concluded
Is subject to the final disposition of the principal action
Ancillary (a mere incident in and is dependent upon the
result of the main action)
Not a judgment on the merits of the case
Granting this is based on initial and incomplete evidence
IMPORTANT Findings of fact and opinion of the court when issuing this are
interlocutory in nature
POINTS TO
REMEMBER Issuing this writ rests upon the sound discretion of the court
Different from Main Action for Injunction (which is an independent
action on its own)
Quantum of Evidence:
No need for a conclusive and complete evidence
Just show that they have an ostensible right to the relief
prayed for
PI also involves acts that have not yet been performed because it is
restrained/prevented by the Injunction
1. The applicant must have a clear and unmistakable right,
that is a right in esse;
2. There is a material and substantial invasion of such right;
3. There is an urgent need for the writ to prevent irreparable
injury to the applicant; and
4. No other ordinary, speedy, and adequate remedy exists to
prevent the infliction of irreparable injury.
Compelling the performance of a positive act
The Status Quo is restored.
cannot be issued ex parte.
Performance of some positive act
shall be conducted within 24 hours after the sheriffs return of service and/or the records are received by
Act has already been performed and this act has violated the
rights of another
If application for a preliminary injunction is denied or not resolved within said period, the TRO is deemed
This is more cautiously regarded than a Prohibitive Injunction
since, more than its functions of preserving the status quo
between the parties, it also commands the performance of an
act
This is an extreme remedy
Ex Parte: TRO can be granted ex parte, if it shall appear from the facts shown by affidavits or by the verified application
that there is grave abuse and irreparable injury would result to the applicant before the matter can be heard on notice.
The court in which the application for preliminary injunction was made may issue a TRO ex parte for a period not
exceeding 20 days from service to the party sought to be enjoined.
Sec. 4, Rule 58:
(1) There must be a verified application.
(2) The application must establish:
a. The existence of a clear and unmistakable right that must be protected (not just contingent); and
b. An urgent and paramount necessity for the writ to prevent serious damage
(3) Applicant must post a bond, UNLESS exempted by the court
Bond amount is fixed by the court
- Executed in favour for the party enjoined
(4) Application for TRO will only be acted upon after all parties are heard in a summary hearing
which shall be conducted:
a. within 24 hours after the sheriffs return of service and/or
b. the records are received by the branch selected by raffle to which the records shall be transmitted
immediately
Stops a person likely to cause harm
Maintains/preserves the status quo until the hearing of the application for preliminary injunction which
An application for a TRO shall be acted upon only after all parties are heard in a summary hearing, which
the branch selected by raffle.
automatically vacated.
The effectivity of TRO is not extendible. There is no need for a judicial declaration to that effect.
Effectivity:
RTC Does not exceed 20 days, including the first 72 hours.
CA Does not exceed 60 days.
SC indefinite until further orders.
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