Remedial Law Rule 58 estopia notes part1
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A preliminary injunction is a provisional remedy issued by a court before final judgment to preserve the status quo and prevent irreparable harm. It requires a party to refrain from or perform a particular act. A preliminary injunction may be issued by a court of appeals to stay execution of a writ pending appeal in an unlawful detainer case. Presidential Decree 1818 prohibits judges from issuing restraining orders against government infrastructure projects, but this is not an absolute prohibition. To issue a preliminary injunction, the court must find that there is an existing right to be protected that is being violated by the act sought to be enjoined, and that allowing that act would likely cause injustice to the applicant or render a judgment ineffectual.
Remedial Law Rule 58 estopia notes part1
- 1. RULE 58: PRELIMINARY INJUNCTION DEFINE Preliminary Injunction : An order granted at any stage of an action or proceeding prior to the judgement or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. (section 1) Preliminary Mandatory Injunction: An order granted at any stage of an action or proceeding prior to the judgement or final order, requiring a party or a court, agency or a person the performance of a particular act or acts. (section 1) Preliminary Injunction may be issued by the CA to stay writ of execution in an unlawful detainer case pending appeal. Presidential Decree No. 1818, which prohibits judges from issuing restraining orders against government infrastructure. The application of this law is NOT ABSOLUTE. NATURE OF PRELIMINARY INJUNCTION: Provisional and EXTRAORDINARY remedy to preserve status quo. Notes: Suspension of orders is equivalent to injunction Status quo- is the last actual peaceable uncontested status that preceded the pending controversy. Strong arm of equity- issuance of injunction. A writ of preliminary injunction , as an ancillary or preventive remedy, may only be resorted to by a litigant to protect or preserve his rights or interest and for no other purpose during the pendency of the principal action. Independent action merely to obtain preliminary injunction is not allowed. REQUISITES FOR ISSUANCE 1. There must be right in esse or the existence of a right to be protected; 2. The act against which the injunction is to be directed is violation of such right. WHO MAY GRANT INJUNCTION: 1. The court where the action or proceeding is pending; 2. CA or SC or any member thereof, if action is pending before it.
- 2. Notes: Hearing on merits for the issuance of PI is unnecessary – PI may be refused outright, with or without notice to adverse party, if on the ground is insufficiency of the complaint is apparent from the complaint itself. Statutory provisions (when issuance of PI prohibited?) Under BP 227 amending Art.255 of the labor code- No temporary or permanent injunction in cases growing out of labor dispute shall be issued by court or entity except as provided in art 281 or 264. Under PD 218, it is the NLRC that issue an injunction in labor disputes. PD 358 - Prohibition to issue injunction against any government financing institution in any action taken by such institution in connection with the mandatory foreclosure where arrears amount to at least 20% of the total outstanding obligations including interest and other charges appearing in the book of accounts and/or related records of the financial institutions concerned. DOEST NOT apply when- amount of loan actually received is still to be determined. Also, not applicable when properties are already foreclosed. CARP Law – No court in the Philippines shall have jurisdiction to issue any restraining order or writ of PI against Presidential Agrarian Reform Council (PARC) or any of its duly authorized or designated agencies… xxx. A court may not interfere by injunction with the judgements or orders of another court of coordinate or concurrent jurisdiction. (both for ordinary or special civil action) GROUNDS FOR ISSUANCE (section3, rule 58) 1. 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 limited period or perpetually; 2. That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or 3. 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 judgement ineffectual.