PROVISIONAL REMEDIES (Rule 58)
act---I have to apply for a writ of preliminary injunction. Kaya sa civil, it is worded this way: Civil case for injunction with writ of preliminary injunction. The injunction is the final injunction and the writ is theprovisional one. So the former is the main relief while the latter is the temporary relief.
Purpose of preliminary injunction
: To maintain the status quo between the parties in relation to thesubject matter. So, to maintain the status quo.
STATUS QUO
is the last peaceable and uncontested status of the parties which preceded the pendingcase from the controversy.Because status quo may be preceded like, the squatters entering your land, so nasa loob na sila. Soyou ask for preliminary injunction--- so status quo. Sabi ng mga squatters, “status quo--- we will remainin the land!”Of course, that is not the purpose. The purpose is to bring you out because the status quo is the lastpeaceable , uncontested status of the parties which precededthe pending action or prior to the case.Even in the labor case, magulo iyan eh, yong last peaceable and uncontested status. An example of injunction in Labor case, iyong assumption of jurisdiction by the Secretary of Labor. In which theSecretary of Labor assumes jurisdiction in cases of national interest.Ano iyon ? When there is a threatened strike --- injunction! And if there is already a strike, strike islifted and the employee must have to go back to work and the management will accept thoseemployees under the terms and conditions before the strike.
Section 2. Who may grant preliminary injunction. - A preliminary injunctionmay be granted by the court where the action or proceeding is pending. If theaction 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.
Q: Who may grant a preliminary injunction?A: 1. The court where the case is pending.2.CA.3.SC.
EXPORT PROCESSING ZONE AUTHORITY (EPZA) vs. CHRApril 14, 1992FACTS:
When ordered to stop, the occupants of the export processing zone authorityin the EPZA land where the occupants filed a case in the CHR (Commission on HumanRights), the CHR issued a writ of injunction or restraining order against the supposedviolators of human rights to compel them to cease and desist from continuing the actscomplained of, and the authority of the CHR to issue an injunction was challenged.Does it have an authority ?And the CHR said, yes---because under the Constitution the principal function of theCHR is not merely limited in having investigation. It is mandated among others toprovide appropriate legal measures for the protection of the human rights of all personswithin the Philippines as well Filipino abroad. And to provide for preventive measuresand legal aid services to the under privileged whose human rights have been violated.
ISSUE
: Does the CHR have the power to issue a writ of injunction?
HELD
: The CHR is wrong because as earlier ruled in the case of
CARIO VS. CHR
, theCHR is not a court of justice and it is not even a quasi-judicial body. The Constitutionalprovisions cited may not be construed to compel jurisdiction of the CHR to issuerestraining order or injunction because if that was the intention the Constitution wouldhave especially said so.
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