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RULE 58: PRELIMINARY INJUNCTION

DEFINE
Preliminary Injunci!n : An order granted at any stage of an action or
proceeding prior to the judgement or fnal order, requiring a party or a court,
agency or a person to refrain from a particular act or acts. (section 1)
Preliminary Man"a!ry Injunci!n: An order granted at any stage of an action or
proceeding prior to the judgement or fnal order, requiring a party or a court,
agency or a person the performance of a particular act or acts. (section 1)
Preliminary Injunction may e issued y the !A to stay "rit of e#ecution in an
unla"ful detainer case pending appeal.
Presidential $ecree %o. 1&1&, "hich prohiits judges from issuing restraining
orders against go'ernment infrastructure. (he application of this la" is %)(
A*+),-(..
NATURE OF PRELIMINARY INJUNCTION:
Pro'isional and ./(0A)0$I%A01 remedy to preser'e status quo.
%otes:
+uspension of orders is equi'alent to injunction
+tatus quo2 is the last actual peaceale uncontested status that preceded the
pending contro'ersy.
+trong arm of equity2 issuance of injunction.
A "rit of preliminary injunction , as an ancillary or pre'enti'e remedy, may
only e resorted to y a litigant to protect or preser'e his rights or interest
and for no other purpose during the pendency of the principal action.
Independent action merely to otain preliminary injunction is not allo"ed.
RE#UI$ITE$ FOR I$$UANCE
1. (here must e right in esse or the e#istence of a right to e protected3
4. (he act against "hich the injunction is to e directed is 'iolation of such right.
%&O MAY 'RANT INJUNCTION:
1. (he court "here the action or proceeding is pending3
4. !A or +! or any memer thereof, if action is pending efore it.
%otes:
5earing on merits for the issuance of PI is unnecessary 6 PI may e refused
outright, "ith or "ithout notice to ad'erse party, if on the ground is
insu7ciency of the complaint is apparent from the complaint itself.
+tatutory pro'isions ("hen issuance of PI prohiited8)
-nder *P 449 amending Art.4:: of the laor code2 %o temporary or
permanent injunction in cases gro"ing out of laor dispute shall e issued y
court or entity e#cept as pro'ided in art 4&1 or 4;<.
-nder P$ 41&, it is the %,0! that issue an injunction in laor disputes.
P$ =:& 2 Prohiition to issue injunction against any go'ernment fnancing
institution in any action ta>en y such institution in connection "ith the
mandatory foreclosure "here arrears amount to at least 4?@ of the total
outstanding oligations including interest and other charges appearing in the
oo> of accounts andAor related records of the fnancial institutions
concerned. $).+( %)( apply "hen2 amount of loan actually recei'ed is still
to e determined. Also, not applicale "hen properties are already
foreclosed.
!A0P ,a" 6 %o court in the Philippines shall ha'e jurisdiction to issue any
restraining order or "rit of PI against Presidential Agrarian 0eform !ouncil
(PA0!) or any of its duly authoriBed or designated agenciesC ###.
A court may not interfere y injunction "ith the judgements or orders of
another court of coordinate or concurrent jurisdiction. (oth for ordinary or
special ci'il action)
'ROUND$ FOR I$$UANCE ()eci!n*+ rule 58,
1. (hat the applicant is entitled to the relief demanded, and the "hole or part of
such relief consists in restraining the commission or continuance of the act or
acts complained of, or in requiring the performance of an act or acts either
for limited period or perpetually3
4. (hat the commission, continuance or non2performance of the act or acts
complained of during the litigation "ould proaly "or> injustice to the
applicant3 or
=. (hat a party, court, agency or a person is doing, threatening or is attempting
to do, or is procuring or suDering to e done some act or acts proaly in
'iolation of the rights of the applicant respecting the suject of the action or
proceeding, and tending to render the judgement ineDectual.