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OCA CIRCULAR NO. 289-2022

TO ALL JUDGES OF THE FIRST AND SECOND LEVEL

COURTS

SUBJECT: REITERATION ON THE PROHIBITION ON THE

ISSUANCE OF RESTRAINING ORDERS OR WRITS
OF INJUNCTION AGAINST NATIONAL
GOVERNMENT INFRASTRUCTURE PROJECTS

On 12 March 2014, this Office issued OCA Circular No. 38-2014

(Re: Judicious Implementation of Court Issuances Concerning the Ban on
the Issuance of Temporary Restraining Orders. or Writs of Preliminary
Injunctions Involving Government Infrastructure Projects), wherein all
Judges of the first and second level courts are exhorted to continuously
observe and implement various administrative issuances of the Court
prohibiting the issuances of temporary restraining orders (TROs) and writs
of preliminary injunction involving government infrastructure projects and,
in exceptional cases, to ensure that such cases after the TRO is converted
into a writ of preliminary injunction are solved in a speedy and timely
manner.

Significantly, on 20 November 2002, the Court issued

Administrative Circular No. 62-2002 as a reminder to all the trial judges to
observe the prohibition against the issuance of TROs and writs of
preliminary injunction in cases involving government infrastructure
projects pursuant to Administrative Circular No. 07-99 dated 25 June 1999'
and Administrative Circular No. 11-2000 dated 13 November 20002, and to
submit status reports of TROs and writs of preliminary injunction issued
thereon.

Corollarily, on 20 July 2022, the Court's Third Division issued a

Resolution in G. R. No. 225942 (Metro Rail Transit Corporation and
Metro Rail Transit Holdings II, Inc., v. Department of Transportation
[Formerly], Department of Transportation and Communications), which
REMINDED all concerned collegiate and trial courts on the prohibition
IExercise of Utmost Caution, Prudence, and Judiciousness in Issuance of Temporary Restraining Orders
or Writs of Preliminary Injunction.
2 Ban on the Issuance of Temporary Restraining Orders or Writs of Preliminary Prohibitory or

Mandatory Injunction on Cases Involving Government Infrastructure Projects.

Prohibition of the Appellate and Trial Courts from Issuing Restraining Orders or Writs of Injunctions
Against National Infrastructure Projects

from the issuance of restraining orders or writs of. injunction against

national government infrastructure projects, pursuant to Republic Act (RA)
No. 8975, otherwise known as "An Act to Ensure the Expeditious
Implementation and Completion of Government Infrastructure Projects by
Prohibiting Lower Courts from Issuing Temporary Restraining Orders,
Preliminary Injunctions or Preliminary Injunctions or Preliminary
Mandatory Injunctions, Providing Penalties for Violations Thereof, and for
Other Purposes. JJ

The following are the salient dispositions of the aforesaid Resolution:

1. RA 8975 enjoins all courts, except the Supreme Court, from

issuing any temporary restraining order, preliminary injunction,
or preliminary mandatory injunction against the government, or
any of its subdivisions, officials or any person or entity to
restrain, prohibit or compel the bidding or awarding of a contract
or project of the national government;

2. The Court affirmed the rulings of both the Regional Trial Court
and the Court of Appeals which denied the plea for an injunction
against the Department of Transportation (DOTr); and

3. The petitioners are not entitled to an injunction against the DOTr

as they failed to prove that they stand to suffer some grave and
irreparable injury. The Court elucidated that "there is still no basis
for the issuance of a WPI because, as explained by the [Court of
Appeals], it can be compensable through the award of damages.
As the damages alleged by them can be quantified, it cannot be
considered as "grave and irreparable injury" as understood in
law."

On account thereof, and in order "(a) to avoid unnecessary increase

in construction costs; and (b) to allow the public to enjoy soonest the
benefits of national government projects,"? all concerned are hereby
DIRECTED to take note of the afore-discussed issuances of the Court,
especially when applicable to particular cases before them. _

For your information and guidance.

19 October 2022

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3 G.R. No. 225942 (Metro Rail Transit Corporation and Metro Rail Transit Holdings II, Inc. v.
Department of Transportation [Formerly). Department of Transportation and Communications}.