ITEM RESPONSABLE FRECUENCIA METODO

1. A Preliminary Injunction is an order granted at any stage of an action or proceeding prior to judgment or final order, requiring a party or a court, agency, person to refrain from a particular act or acts. It may also require the performance of an act, if such it is called a preliminary mandatory injunction. 891

2. Note that Injunction may also exist as a cause of action. This is best illustrated by the appropriate remedies for obligations to do or not to do. Obligations to do, the remedy is specific performance. Obligation not to do, remedy is injunction.

2.1 An example is that provided for by Article 26 of the Civil Code that allows an injunction against one prying into the privacy of another residence, meddling with or disturbing the private life or family relations of another or the enforcement of an easement of light and view.

PRIMARY PURPOSE OF INJUNCTION

1. Is to preserve the status quo or the last actual, peaceable, uncontested status which precedes the pending controversy.

WHO MAY GRANT

1. Court where the action is pending. If pending in the Court of Appeals or the Supreme Court, it may be issued by the Court or any member thereof. 892

GROUNDS FOR ISSUANCE

1. The applicant is entitled to the relief demanded, and the whole or part of the relief consists in restraining the commission / continuance of the act/s complained of, or in requiring the performance of an act/s, for a limited period or perpetually.

2. The commission / continuance / non performance of the act/s during litigation will probably work injustice to the applicant, or

3. That a party, court, agency or a person is doing, threatening, or is attempting to do or is procuring or suffering to be done, some act/s in violation of

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891

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the rights of the applicant respecting the subject of the action and tending to render judgment ineffectual. 893

REQUISITES FOR ISSUANCE OF AN INJUNCTION

1. The requisites are: (a) Existence of a right to be protected, and (b) A c t s against which the injunction is to be directed are violative of the right

2. These must clearly appear in the allegations in the complaint, otherwise, it may be ground for its outright denial for insufficiency, which is apparent in the application itself or if already granted, may be dissolved. 894

MAY IT BE ISSUED EX-PARTE

1. As a general rule, the issuance requires (a) a hearing (b) reception of evidence with opportunity to cross (c) finding that prohibited acts are threatened to be committed or that irreparable injury would be inflicted upon the applicant. 2. If great/irreparable injury would result before then the Court by way of an exception on non ex-parte issuance (a) can issue a Temporary Restraining Order for 20 days after a summary hearing or If it is of extreme urgency, it may issue ex-parte a 72 hour Temporary Restraining Order, within which period a summary hearing to determine whether or not the same is to be extended for the full 20 day period must be held.

2.1 Note that within the 20 day effectivity period of the Temporary Restraining Order, the court must order the party or person to show cause why the injunction should not be granted, determine also whether or not the preliminary injunction should be granted, and accordingly issue the order. 895

2.2 The lifetime of a Temporary Restraining Order is 20 days if issued by a trial court, 60 days if issued by the Court of Appeals, and until further orders if issued by the Supreme Court. Note that when the trial court omits to state a period, the 20 day period is deemed incorporated in the order. 896

2.3 A second Temporary Restraining Order issued by the Court of Appeals after the expiration of the first period is a patent nullity. 897

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893

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894

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895

Bacolod City Water District v Labayen, 446 SCRA 110

896

Padilla v Asuncion, AM No. 06-44-CA-J, March 20, 2007

3. A status quo order is not a temporary restraining order. It is more in the nature of a cease and desist order, has no specified duration and does not specifically direct the performance of an act. It lasts until revoked, may be the subject of an agreement, and does not require the posting of a bond.

HOW OBTAINED

1. A preliminary injunction or temporary restraining order is obtained upon (a) filing of a verified application showing facts entitling the applicant to the relief demanded, (b) unless exempted, filing of a bond in an amount fixed by the court, to the effect that applicant will pay all damages that may be sustained if the court should finally decide that applicant was not entitled thereto (c) if included in a complaint / initiatory pleading it shall be raffled only after notice to and in the presence of the adverse party.

2. In any event, notice shall be preceeded by or contemporaneously accompanied by service of summons, together with affidavit and bond but such will not be applicable if defendant / adverse party cannot be served personally / substituted service, is temporarily absent or is a non-resident.

3. The matter shall thereafter be acted upon only after all parties are heard in a summary hearing, conducted within 24 hours after sheriff’s return of service. 898

WHEN INJUNCTION WILL NOT ISSUE

1. Under BP Blg. 227 amending the Labor Code, a court cannot grant injunctive relief in cases growing out of a labor dispute as the said power is vested in the NLRC. An exception is when the injunction is sought by a third person whose property is levied upon to satisfy the liability of another. 899

2. Under RA 8735 and PD 1818, injunction does not lie against the execution or implementation of government infrastructure programs, essential government projects, including arrastre 900

3. Under Section 55, RA 6657 of the Comprehensive Agrarian Reform Law, injunction cannot issue against the Presidential Agrarian Reform Council or any of the implementing agencies.

4. As against the Asset Privatization Trust as taken over by the Privatization and Management Office of the Department of Finance. 901

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898

Penalosa v Villanueva, 177 SCRA 78

899

Philippine Ports Authority v Pier 8 Arrastre and Stevedoring, 475 SCRA 426

900

Section 31-A, Proclamation 50-A, EO No. 323, 2000

5. As against a court of co-equal rank or decrees of a court with concurrent or coordinate jurisdiction. 902

6. As against quasi-judicial bodies of co-equal rank as an RTC such as the Social Security System or the SEC

7. By the RTC as against the Intellectual Property Office, Commission on Elections or Workmen’s Compensation Commission

8. As against the collection of a national internal revenue tax, fee or charge imposed by the NIRC or the Commissioner of Customs over seizure or 903

forfeiture proceedings 904

9. As against consummated acts or a judgment already executed 905

10. To transfer possession or control over property when legal title is still in dispute or when it has not yet been clearly established or there is a lack of clear and unmistakable right on the part of the applicant. 906

11. To establish new relations between the parties 907

12. When it disposes of the main case without trial as the grant of injunctive relief assumes the proposition that petitioner must prove. 908

13. To restrain a criminal prosecution except: (a) to afford adequate 909

protection to the constitutional rights of the accused; (b) when necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions; (c) when double jeopardy is clearly apparent; (d) where the charges are manifestly false and motivated by the lust for vengeance; or (e) where there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied. 910

Ching v Court of Appeals, 398 SCRA 88

902

Filipino Metals Corporation v Secretary, Trade and Industry, 463 SCRA 616

903

Zuno v Cabredo, 402 SCRA 75

904

PNB v Adi, 173 SCRA 550

905

Cortez Estrada v Samut, 451 SCRA 275

906

Almeida v Court of Appeals, 448 SCRA 68

907

Levi Strauss v Clinton Apparelle, 470 SCRA 236

908

Andres v Cuevas, 460 SCRA 38

909

Roberts vs. CA, 254 SCRA 307; Brocka vs. Enrile, 192 SCRA 183

14. In applications for restraining order and injunction against the foreclosure of a real estate mortgage on the ground that it has been paid or not delinquent, unless it be verified and supported by evidence of payment.

14.1 If on the allegation that interest is unconscionable, the debtor must pay the mortgagee at least 12% per annum on the principal obligation as stated in the application for foreclosure, which shall be updated monthly while the case is pending.

14.2 The bond shall be equal to the amount of the outstanding debt, and the time for its effectivity shall apply as well to a status quo order.

GROUNDS FOR OBJECTION / DISSOLUTION

1. The application may be denied or if granted, dissolved, upon showing of insufficiency, or while entitled to an injunction, the issuance or continuance thereof will cause irreparable damage to the person enjoined while the applicant can be compensated for the damages and a bond is filed or if it appears that extent is too great, it may be modified. 911

2. It may also be dissolved on objection to the sufficiency of the bond, or upon finding of insufficiency, the failure of surety to justify or filing of a sufficient bond. If it the objection is to the bond of the party enjoined, the injunction shall be granted or restored. 912

JUDGMENTS OR ORDERS IN INJUNCTION

1. An order discharging an injunction is immediately effective.

2. A Final Injunction is granted if it appears that the applicant is entitled to have the act/s permanently enjoined or confirming the preliminary mandatory injunction. 913

3. Judgments eventually rendered may include damages against a party and sureties. 914

4. No injunction can issue against the acts of a co-equal court, except in a 3rd

party claim where claimant vindicates his right by a separate action.

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911

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912

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913

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RESOLUTION OF THE MAIN CASE OR PETITION

1. The trial court, the Court of Appeals, the Sandiganbayan, or the Court of Tax Appeals that issued the writ of preliminary injunction against a lower court, board, officer or quasi-judicial agency shall decide the main case or petition within a period of six (6) months from the issuance of the writ. 915

RULE 59 – RECEIVERSHIP

WHEN IS A RECEIVER APPOINTED

1. When it appears from a verified application, and as such other proof as the court may require, that the party applying for the appointment of a receiver has an interest in the property or fund which is the subject of the action or proceeding as such property / fund is in danger of being lost, removed or materially injured unless a receiver be appointed to administer and preserve it. 2. When it appears in an action by the mortgagee for the foreclosure of mortgagee that the property is in danger of being wasted, dissipated or materially injured – and that its value is probably insufficient to discharge the mortgage debt or that the parties have so stipulated in the mortgage contract.

3. When after judgment, to preserve the property during the pendency of an appeal, or to dispose of it according to the judgment, or to aid in execution when the execution is returned unsatisfied or the judgment obligor refuses to apply his property in satisfaction of the judgment or otherwise carry the judgment into effect.

4. Whenever in other cases, it appears that the appointment of a receiver is the most convenient and feasible means of preserving, administering or disposing of property in litigation.

WHO APPOINTS A RECEIVER

1. The court where action is pending or the Court of Appeals, the Supreme Court or a member thereof.

1.1 During appeal, the appellate court may allow the application for the appointment to be filed in the court of origin, which can also decide on the same to be subject to the control of said court. 916

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915

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