CIVPRO NOTES: May 6, 2019
2. (b) That the commission,
Preliminary Injunction
-a provisional remedy which either restrains a
party from doing an act or commands him to
do an act during the pendency of the
litigation.
Kinds:
1. Preliminary Prohibitory Injunction –
Restrains the doing an act
2. Preliminary Mandatory Injunction
Who or what can be the subject of an
Injunction?
- Parties, courts, agencies, and court
officers
What is the primary purpose of a
Preliminary Prohibitory Injunction?
- To maintain status quo and to prevent
a person from the performance of a
particular act.
Status Quo – last actual, peaceable and
uncontested situation which precedes a
controversy. It is the situation existing at the
time of the filing of the case.
What is the primary purpose of a
Preliminary Mandatory Injunction?
- To require a person to perform a
particular act.
Grounds for Preliminary Prohibitory
Injunction:
a. Applicant’s right must be in esse
b. Grounded in Section 3:
1. (a) That the applicant is entitled
to the relief demanded, and the
whole 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 a limited
period or perpetually;
continuance or non-performance
of the act or acts complained of
during the litigation would
probably work injustice to the
applicant; or
3. (c) 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
or acts probably in violation of the
rights of the applicant respecting
the subject of the action or
proceeding, and tending to render
the judgment ineffectual.
c. Act of a party sought to be enjoined is
probably in violation of applicant’s
right and tends to render the
judgement ineffectual
Right in Esse – right is direct, present, not
contingent, not variable or hypothetical, or
preparatory.
Grounds for Preliminary Mandatory
Injunction:
a. Complainant has a clear and legal
right
b. His right has been unlawfully violated
by defendant
c. Urgent need to prevent serious
damage
d. Equity sustain the grant
e. Injury is a continuing one
Action where Preliminary Mandatory
Injunction is expressly stated as a remedy
- In property, in cases of forcible entry
In cases of forcible entry and a writ of
preliminary mandatory injunction is
issued, what does that mean and what
does that right need?
- To whom the writ is issued, he must
vacate the property and surrender the
 property to the plaintiff pendente lite.
What is the different between Preliminary
Prohibitory Injunction and Preliminary
Mandatory Injunction?
- In Preliminary Prohibitory Injunction,
the writ is issues to prevent the act
which cases the injury while
Preliminary Mandatory Injunction, the
writ is issued to require a person to
act
When can the applicant avail of the
remedies?
- Any time during the proceeding but
before judgement
What are the formal requirements before a
Preliminary Prohibitory Injunction or
Preliminary Mandatory Injunction can be
issued?
- Application must contain verified
petition
- Give a bond to the court
- Notice and Hearing
Is there a need to adduce evidence during
the hearing?
- No need, as long adverse party is
present during the hearing
How much is the bond?
- Depends on the discretion of the court
If a writ of preliminary injunction is issued
against your client, as counsel what is
your remedy in order to negate the writ or
stop its implementation?
- Filing of a counter bond
What is the rule on the scope of the
implementation of the writ of preliminary
injunction, where can the writ enforced?
- Injunction is enforceable only within
the judicial regions of the court
issuing it. RTCs are given a territory
where they can exercise their
jurisdiction. These areas pertain to
judicial regions or districts which
generally pertain to the political
subdivisions within our country.
Therefore a writ of preliminary
injunction issued by an RTC court in
manila can be enforced in Las Pinas,
Quezon City, or anywhere in NCR,
but not in Bulacan, or Pampanga, or
Laguna because beyond the territorial
jurisdiction of the RTC.
Preliminary Injunction is one of the other writs
enforceable within the territorial jurisdiction or
judicial districts
- The others are writs of certiorari, writ
of mandamus, writ of quo warranto
- All other writs of attachment,
execution, are enforceable nationwide
There is an exception to the territoriality rule
of injunction
- This is the case of Edu v. De faro (Not
sure of case title)
- RTC of Quezon City issued an writ of
injunction that is being enforced in
Lingayen, Pangasinan.
- Note the central office of LTO is in
Quezon City, respondent is LTO. Writ
is being enforced in Lingayen, outside
NCR.
- The justification was that where the
actual enforcement of the writ would
take place, not only where the office
of the restrained party is located.
- The same is the case for dagupan
electric company. Writ issued by RTC
manila, office of electric dagupan was
in manila. It was a preliminary
mandatory injunction which required
people in the company to restore the
electricity in dagupan. Plaintiff filed
the case in RTC of manila because
the office of electric company was in
manila. Writ was issued by RTC
 manila, but was enforced in Dagupan.
Rule on territoriality of the Writ of Preliminary
Injunction, it is effective where the principal
office or residence of the party being
enjoined, but also the place where the writ is
to be enforced.
When a writ of preliminary injunction is
issued by the RTC of manila, and the same
writ is being enforced in other cities in
NCR because the parties being enjoined
are residence of the different cities, do
you need to file the same action in the
court where the person enjoined is a
residence or can you enforce that one writ
to cover all the parties to be enjoined who
are residence of several cities.
- No need for new filing as long as the
parties enjoined are given notice and
hearing
- That one writ can be enforced in all
cities of Metro Manila, but the issuing
court will send a writ to the sheriff of
the all cities involved. Sheriff of those
courts where are parties should be
enjoined should allow the sheriff to do
his job.
Temporary Restraining Order (TRO)
- Adjunct of writ of preliminary
prohibitory injunction to be granted for
a limited time.
- TRO is a strictly a provisional remedy,
but it is an adjunct remedy of
Preliminary Injunction
- Cannot be independently be availed
off. It must be availed of in
conjunction with an application for a
writ of preliminary injunction.
Purpose of the TRO
- Preserve the status quo before the
application for writ of preliminary
injunction is heard and resolved
- Not to exceed Period of 20 days from
the notice that a TRO has been
issued is served by the court, or 20
days from the service of the writ or the
TRO.
Who can grant the TRO?
- The court where the application of writ
of preliminary injunction is pending or
filed.
Can the TRO be issued for a lesser period,
less than 20 days?
- Who can issue the TRO effective 72
hours – what Judge? Executive
Jude can issue a TRO for 72 hours.
After the Executive Judge issued a TRO
for 72 hours, what is his duties?
- Judge should conduct the hearing for
the writ of preliminary injunction
- Executive can forward the records of
the case to the court where the
hearing of the writ preliminary
injection was raffled to.
When a writ of Preliminary Injunction is
issued, is there a time limit for the court to
decide upon the main case?
- 6 months from the issuance of the writ
of the preliminary injunction.
According to the Constitution, the time
cases must be decided is as follows:
a. Trial Courts – 90 days from the
time the case is submitted for
decision
b. Court of Appeals & Court of Tax
Appeals – 1 year
c. Supreme Court – 2 years
When a writ of preliminary injunction is
issued, the court has two periods to
observe, period provided for under the
Constitution, 90 days and 6 months from
the time the writ of preliminary injunction
is issued.
Can the writ of preliminary injunction
maybe applied for in all cases?
- The rules require that the damage
must be irreparable, because if it can
be satisfied by way of claim of
damages, the writ will not issue.
Injunction is either a main action or a
provision remedy.
Injunction as a main action is deemed
within the exclusive jurisdiction of the
Regional Trial Courts (RTC)
Injunction as a provisional remedy can be
granted by all courts from trial courts to
Supreme Court.
Writ of Preliminary Injunction can only be
issued in certain cases. For example,
mandamus, specific performance, cases
of ownership and possession of real
property.
Why is it important to resolve the
application for the writ of preliminary
injunction within the period of the TRO?
- For example a person was restrained
from withdrawing money from a
certain bank account, once the TRO
has expired, that person can
immediately withdraw money
Can an act which is already done or
performed be the subject of the writ of
preliminary injunction?
- Generally it covers which have not yet
been committed. What can you
prevent if it is already done.
- Exception: If there is already an
implication of a TRO and during the
period of the TRO, the act sough to
be enjoined is done, then the writ of
preliminary injunction can still act on
that situation because the act was
done during the period of TRO.
What is the remedy of an adverse party
when a writ of Preliminary Injunction is
issued?
- If you are counsel to that party and
believe that the court improperly
issued the writ, file a petition for
certiorari for Grave abuse of
discretion under rule 65
What is the nature of the write of
preliminary injunction?
- Interlocutory order
To support an application for a writ of
preliminary injunction, you need an
affidavit and a bond, what should that
affidavit contain?
- The facts that prove the applicant has
a clear and legal right to the claim
- Facts and circumstances must show
that the requisites have been
complied with and it falls under one of
the grounds for issuance of the writ
What is the purpose of the bond?
- In case the writ is approved, the bond
shall cover the damages that person
enjoined could incur
When and how are this damages
collectible? As counsel of the enjoined
party, what should you do to collect
damages?
- First prove that the issuance of writ is
insufficient and state all the possible
damages incurred by the enjoined
party
Who would you sue and where?
- Sue at the court where the
application for the writ of
preliminary injunction is pending
- Sue the applicant and surety of the
bond because their liability is joint
and solidarity.
 8. Used against the Asset Privatization
Even if all the requisites or grounds are Trust
present, it does not automatically mean that
the Court will grant the writ of preliminary,
Take note these are general rules and there
mainly because issuance of the writ is
are exceptions, but we won’t take them up.
discretionary. Granting of writ is within the
discretion of the court.
Differences of Preliminary Prohibitory
A Court cannot issue an injunction against Injunction v TRO
a court or quasi-judicial agency of equal
rank.
Ex: Regional Trial Court and Civil Service Preliminary TRO
Commission is of equal rank, therefore an Prohibitory
RTC cannot enjoin the CSC or any of its Injunction
offices. As to the dependence upon the Process
of Remedy
Avoid issuance of a Writ of Preliminary
Adjunct to the Adjunct to the
Injunction which would in effect dispose
action Preliminary
of the very Lis Mota of the case.
*Lis Mota – the gravamen of the case Injunction
As to whom it may be directed
The basis in resolving an application for a Party, Court, Party, Court, Court
writ of preliminary injunction should only Agency, Person Officer
be sampling of evidence in deciding
whether or not the writ must be granted – As to those who are not covered by the
do not prejudge the whole case provision
Not proper against Not proper against
a court officer an agency, a person
Writ of Preliminary Injunction is NOT not a party
PROPER in the following cases:
Requirements of Notice and Hearing
1. To transfer of possession where the title
of the applicant is not clear and Notice and Notice and hearing
unequivocal hearing is always is not always
2. To restrain the collection of taxes required required
3. To restrain a party proclaimed as duly- Instance when
elected Notice and hearing
4. To restrain labor cases those that need no
5. To restrain issuance of license, permits, notice and hearing
and others issued administrative officials
1. Issuance of
6. To restrain the construction or the
executive
continuance of the construction of
judge for 24
national infrastructure projects
hours
*Take note: National infrastructure
projects. Can be enjoined if municipal or 2. Issuance of
city projects (PD 1818) CA and SC or
7. To restrain implementation of CARP justice
 member
thereof
As to the effectivity
Pending of the Pending application
case of Preliminary
Injunction
As to the nature
May prohibit or Always just to
command prohibit
As to the purpose
Maintain the Maintain the status
Status quo and quo until the court
prevent future acts on the
irreparable injury, application for
damage Preliminary
Injunction

Of the provisional remedies, the two most

important are:
1. Preliminary attachment
2. Preliminary Injunction – notorious
because this is where judges make
money