Injunction [ to restrain or to prevent]
) When a writ of PI is issued and the case is dismissed but the same is appealed
 Demanding the defendant or the accused party to do an
act.
 An action or provisional remedy.
There are 2 kinds of Preliminary Injunction
1.) Preliminary Prohibitory Injunction [prevent an action of the
opposite party during the pendency of the case if the same would
prejudice]
– a writ that restrains or prohibits pendende lite the
commission of an act related to the case
- If the act is already done can it be still the subject of
PPI? – NO! PPI is proper if the act started but it
continues so that what it restrains is the continuation of
the act.
- Prohibits pendende lite the commission of an act
2.) Preliminary Mandatory Injunction [restore the status quo preceding
the controversy]
– it commands the performance or the doing of an act
related to the subject of an action
>> Status Quo Ante -
Characteristics of Preliminary Injunction
1.) It is a privilege in equity – cannot be demanded as a matter of right
but only as a matter of judicial discretion therefore it is classified as a
prerogative writ
*Difference between Prerogative Writ and Ministerial
Writ?
>>MW is a writ that is a matter of right; the court is duty
bound to grant and there are 2 kinds of MW – Writ of
execution and writ of possession
>> PW – the court in its discretion ma either deny or
grant therefore PI cannot be given without notice and
hearing
*Purpose of Writ of PPI? It is to prevent an action of the
opposite party during the pendency of the case if the
same would prejudice the right of the other party or
may cause injustice.
* Objective of PMI? – to restore the status quo
preceding the mandatory injunction (?) – we call that
status quo ante(?) =it is the state of _______ before the
institution of an action; state of things which is the last
______; peaceful condition of the parties _______ to the
subject of injunction
2.) It is enforceable within the judicial region of the court
- There are writs that are enforceable nationwide; there are writs
enforceable within the region of the court (writ of certiorari, writ of mandamus
and quo warranto) -> regional in scope same with habeas corpus
- RTC in muntinlupa cannot enjoin in bulacan because it is beyond the
territorial jurisdiction
3.
= writ is automatically vacated despite appeal
4.) All courts from the 1st level courts to the SC can issue this PR of PI.
- Injunction as an ACTION is beyond the jurisdiction of the 1st level
court but in relation to PR the 1st level court can issue PR this is true in forcible
entry and unlawful entry
5.) There must be notice and hearing
Can everything be restrained by injunction?
- There are many things that cannot be the subject of the writ of
injunction :
1. Operation of infrastructure proj of the national gov’t . Municipal
and local can be restrained but not the national government
-what is prohibited is the provisional remedy of injunction not the
action(?)
2. Acts of the DENR in respect to its exploitation, protection, development of the
natural resources of the PH
3. The collection of taxes
4. Criminal prosecution
Exceptions : when the criminal prosecution is palpably instituted for
vengeance or harassment
5. DARAB in enforcement of the comprehensive agrarian reform act
Requisites of PPI
1.) Right of the applicant to the relief he is asking is in esse (when the
applicant has a clear and unmistakable right then the right is in esse )
the opposite is when the right availed is in doubt then the injunction
is ________
2.) Required evidence to prove entitlement to a ________ is only a
_______ and a resolution of the application should not touch on the
lis moda( is the ________ ; what is supposed to be prevent by the
plaintiff is the _______
3.) It must be grounded on the grounds provided for in sec 3 rule 68
*Sort of a provisional remedy – TRO
4.) There should be notice and hearing and a bond Is required to be filed by
applicant
When to apply P.I ? anytime before judgment or final order
** Functus Officio - ineffectual
TRO:
 Adjunct of preliminary injunction
 Failure to act immediately may result to being moot and
academic – remedy = TRO
2 kinds:
a. Ex parte
– 72 hrs from the issuance of the TRO – can be
extended but there is a need for a summary judgment
b. De parte
 – needs hearing and notice and the period cannot exceed 20 3.) Urgent need to restore status quo to prevent injustice and
days in the case of the RTC or the 1st level court irreparable injury
- CA= 60 days 4.) Rule on equity favors
- SC = until further notice
(more strict rules)
** when a case is filed and there is an application for writ of PI and TRO and the
matter is of outmost _______ even before the raffle of the case the exec judge
should issue a TRO ex parte

Hearing for writ of PI Is not summary.

Difference between hearing and trial

Hearing- is a general term it includes trial but hearing may be a proceeding in

court where no evidence is presented ;

Trial does not include hearing

Hearing in the petition of writ of PI what the court should look for to warrant the
grant of PI is prima facie evid. In injunction it is subject to the discretion of the
court

To warrant P.I

- prima facie evidence of entitlement

If warrant is posted for a fact what can be the remedy of the opposite party? –
he may file a counter bond in the same amount of the bond and the filing of the
counter bond may be a reason for removing an injunction

In attachment a counter bond may also be posted but the counter bond it
automatically discharges; in injunction must be filed to discharge but that is
discretion of the court.

When the applicant for the PR and the PI filed all the requirement procedural and
substantive ; if the court does not grant there must be a good reason (________;
denied without good reason you call that ____________)

If there compliance with all the procedural requirements - court should grant

Deny the application – there must be a good and unmistakable reason

There is a rule which states that when a TRO is issued (RTC) and therefore
_______ the PR within those 90 day the court should resolve the writ of PI
___________ and an attachment is issued for the party where a party has an
account so the cause of the judgment of the def_______ the matter of the bank
________

When the period expires and the application has not been resolved the TRO
would be expired ----

When a preliminary judgment is issued the trial is terminated within 6 months

from the issuance of the writ.

(?) Remember 6 months _______ and 90 days from the ___________ is a need for
decision for promulgation trial courts have only 90 days to decide the case so
when a writ becomes a decision it would not exceed 60 days and after the hearing

Requisites of Preliminary Mandatory Injunction

1.) Right of applicant must be in esse

2.) Willfully and unlawfully violated his right