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Injunction [ to restrain or to prevent] 3.

) When a writ of PI is issued and the case is dismissed but the same is appealed
= writ is automatically vacated despite appeal
 Demanding the defendant or the accused party to do an
act. 4.) All courts from the 1st level courts to the SC can issue this PR of PI.
 An action or provisional remedy.
- Injunction as an ACTION is beyond the jurisdiction of the 1st level
There are 2 kinds of Preliminary Injunction court but in relation to PR the 1st level court can issue PR this is true in forcible
entry and unlawful entry
1.) Preliminary Prohibitory Injunction [prevent an action of the
opposite party during the pendency of the case if the same would 5.) There must be notice and hearing
prejudice]
Can everything be restrained by injunction?
– a writ that restrains or prohibits pendende lite the
commission of an act related to the case - There are many things that cannot be the subject of the writ of
injunction :
- If the act is already done can it be still the subject of
PPI? – NO! PPI is proper if the act started but it 1. Operation of infrastructure proj of the national gov’t . Municipal
continues so that what it restrains is the continuation of and local can be restrained but not the national government
the act.
-what is prohibited is the provisional remedy of injunction not the
- Prohibits pendende lite the commission of an act action(?)
2.) Preliminary Mandatory Injunction [restore the status quo preceding
the controversy] 2. Acts of the DENR in respect to its exploitation, protection, development of the
– it commands the performance or the doing of an act natural resources of the PH
related to the subject of an action
3. The collection of taxes
>> Status Quo Ante -
4. Criminal prosecution
Characteristics of Preliminary Injunction
Exceptions : when the criminal prosecution is palpably instituted for
1.) It is a privilege in equity – cannot be demanded as a matter of right vengeance or harassment
but only as a matter of judicial discretion therefore it is classified as a
prerogative writ 5. DARAB in enforcement of the comprehensive agrarian reform act

*Difference between Prerogative Writ and Ministerial Requisites of PPI


Writ?
1.) Right of the applicant to the relief he is asking is in esse (when the
>>MW is a writ that is a matter of right; the court is duty applicant has a clear and unmistakable right then the right is in esse )
bound to grant and there are 2 kinds of MW – Writ of the opposite is when the right availed is in doubt then the injunction
execution and writ of possession is ________
2.) Required evidence to prove entitlement to a ________ is only a
>> PW – the court in its discretion ma either deny or _______ and a resolution of the application should not touch on the
grant therefore PI cannot be given without notice and lis moda( is the ________ ; what is supposed to be prevent by the
hearing plaintiff is the _______
*Purpose of Writ of PPI? It is to prevent an action of the 3.) It must be grounded on the grounds provided for in sec 3 rule 68
opposite party during the pendency of the case if the *Sort of a provisional remedy – TRO
same would prejudice the right of the other party or
may cause injustice. 4.) There should be notice and hearing and a bond Is required to be filed by
* Objective of PMI? – to restore the status quo applicant
preceding the mandatory injunction (?) – we call that
status quo ante(?) =it is the state of _______ before the When to apply P.I ? anytime before judgment or final order
institution of an action; state of things which is the last
______; peaceful condition of the parties _______ to the ** Functus Officio - ineffectual
subject of injunction
TRO:
2.) It is enforceable within the judicial region of the court
 Adjunct of preliminary injunction
- There are writs that are enforceable nationwide; there are writs  Failure to act immediately may result to being moot and
enforceable within the region of the court (writ of certiorari, writ of mandamus academic – remedy = TRO
and quo warranto) -> regional in scope same with habeas corpus 2 kinds:
a. Ex parte
- RTC in muntinlupa cannot enjoin in bulacan because it is beyond the – 72 hrs from the issuance of the TRO – can be
territorial jurisdiction 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