Requisites of preliminary injunction, temporary restraining order | Preliminary Injunction (RULE 58) | PROVISIONAL REMEDIES

Below is a comprehensive, meticulous discussion of the requisites for the issuance of a preliminary injunction and a temporary restraining order (TRO) under Rule 58 of the 2019 Amended Rules of Civil Procedure in the Philippines. This write-up also touches on the fundamental principles, procedural requirements, relevant jurisprudence, and key considerations surrounding these provisional remedies.

I. OVERVIEW OF INJUNCTION AND TRO

A. Nature of Injunction

  1. Definition

    • An injunction is a judicial writ or process, by which a party is required to do (mandatory injunction) or refrain from doing (prohibitory injunction) a particular act.
    • Preliminary injunction is a provisional remedy aimed at preserving or protecting the rights of the parties during the pendency of the principal action.
    • Permanent (or final) injunction is granted only after a judgment on the merits, when the rights of the parties have been definitively settled.

  2. Purpose

    • The primary purpose of a preliminary injunction is to prevent threatened or continuous irremediable injury, preserve the status quo ante, and ensure that the court’s eventual judgment will not be rendered moot or ineffectual by the subsequent actions of the parties.

B. Nature of Temporary Restraining Order (TRO)

  1. Definition

    • A TRO is a short-term, provisional measure that a court may issue to maintain the status quo until it can hear and decide on an application for a preliminary injunction.

  2. Purpose

    • A TRO prevents immediate and irreparable injury, loss, or damage. It is often issued ex parte to maintain things in their current condition for a limited period before the parties are afforded the opportunity to be fully heard on the application for preliminary injunction.

II. LEGAL BASIS: RULE 58 OF THE RULES OF COURT

  • Sections 1 to 9 of Rule 58 govern the issuance, duration, and other matters pertaining to preliminary injunctions and TROs.
  • The 2019 Amendments to the Rules of Civil Procedure introduced changes in timelines, clarifications in requirements for issuance, and other procedural refinements.

III. REQUISITES FOR PRELIMINARY INJUNCTION

A. Statutory Requisites (Section 3, Rule 58)

To secure a preliminary injunction, all the following must be established:

  1. Existence of a Right to Be Protected

    • The applicant must show that there is a clear and unmistakable right that needs judicial protection. The right can be legal or equitable, but it must be present and cognizable.

  2. Violation or Threatened Violation of Such Right

    • There must be an act or omission by the adverse party that infringes or threatens to infringe upon the applicant’s rights.

  3. The Violation or Threatened Violation Would Cause Irreparable Injury

    • The applicant must demonstrate that the act or omission complained of, if continued, will cause serious and irreparable injury. “Irreparable injury” is not precisely monetary in nature; it is the type of harm that cannot be easily quantified or remedied by an award of damages alone.

  4. Absence of Any Other Ordinary, Speedy, and Adequate Remedy

    • The applicant must show that no other ordinary legal remedy (e.g., damages, specific performance, etc.) would suffice to protect or restore the threatened right. An injunction is an extraordinary remedy invoked only when there is no plain, speedy, and adequate remedy in the ordinary course of law.

  5. Posting of an Injunction Bond

    • Before the writ of preliminary injunction is issued, the applicant must file a bond, in an amount fixed by the court, to answer for any damages that the adverse party may sustain by reason of the injunction if the court should finally decide that the applicant was not entitled thereto.

B. Types of Preliminary Injunction

  1. Prohibitory Injunction

    • Prevents a party from performing a specific act. The aim is to preserve the status quo by restraining the commission or continuation of an act.

  2. Mandatory Injunction

    • Compels the performance of an act. This is generally more cautiously issued by courts, and the quantum of proof required is more stringent. Courts are strict in issuing mandatory injunctions because they effectively alter the status quo.

C. Procedure for Application and Issuance

  1. Verified Application (Sec. 4, Rule 58)

    • The application for a writ of preliminary injunction must be made in a verified pleading (e.g., complaint or an appropriate motion in a pending case).
    • Factual allegations must be stated with particularity, establishing the necessity for the injunction.

  2. Notice and Hearing

    • Generally, the court must conduct a hearing where both parties can present evidence for or against the application.
    • The adverse party must be given notice of the hearing and an opportunity to oppose the application.

  3. Issuance of the Writ

    • If the court is satisfied that the requisites for issuance of a preliminary injunction have been met, it will issue an order granting the injunction and directing the applicant to post the required bond.
    • After approval of the bond, the writ of preliminary injunction is issued.

  4. Bond Requirement (Sec. 4(b), Rule 58)

    • The bond must answer for damages the enjoined party may suffer if it is later determined that the preliminary injunction was wrongfully obtained.
    • The court fixes the bond amount, typically commensurate to potential damages and costs.

D. Effectivity and Dissolution

  1. Effectivity

    • The writ remains in force until dissolved by the court or until a final decision in the main action.

  2. Grounds for Dissolution (Sec. 6, Rule 58)

    • The adverse party may move for the dissolution of the injunction on the ground that it was improperly or irregularly issued, or for other valid reasons (e.g., cessation of the act complained of, changed circumstances, lack of merit upon hearing).

  3. Motion for Reconsideration

    • Any party adversely affected by the court’s ruling on the application for preliminary injunction may move for reconsideration or file a petition for certiorari under Rule 65 if there is grave abuse of discretion.

IV. REQUISITES FOR TEMPORARY RESTRAINING ORDER (TRO)

A. Kinds and Duration of TRO (Sec. 5, Rule 58)

  1. TRO Issued by the Regional Trial Court (RTC)

    • Ex Parte 72-hour TRO:
      • A judge may issue an ex parte 72-hour TRO in cases of extreme urgency and when the applicant will suffer grave injustice and irreparable injury if the TRO is not issued immediately.
      • Within the 72-hour period, the judge must conduct a summary hearing to determine whether the TRO shall be extended.
    • 20-day TRO:
      • After the summary hearing, if the court deems it necessary, it may extend the TRO for a total of 20 days (including the original 72 hours).
      • No extension beyond 20 days is allowed. On the 20th day, the TRO automatically expires.

  2. TRO Issued by the Court of Appeals (CA)

    • The TRO issued by the Court of Appeals is effective for 60 days from service on the party or person enjoined.

  3. TRO Issued by the Supreme Court (SC)

    • The TRO issued by the Supreme Court remains effective until further orders.

  4. TRO Issued by the Municipal Trial Court (MTC)

    • The MTC has limited jurisdiction and can issue a TRO effective for 20 days.
    • However, MTCs rarely issue injunctions because injunction cases usually exceed MTC jurisdictional boundaries.

B. Requisites for TRO

To secure a TRO, the applicant must comply with generally the same requirements for a preliminary injunction, but with an emphasis on urgency:

  1. Verified Application

    • It must clearly show facts entitling the applicant to the relief demanded.

  2. Proof of Immediate and Irreparable Injury

    • The applicant must establish that great or irreparable injury will result before the matter can be heard on notice. This requirement justifies the urgency.

  3. Posting of Bond (When Required by the Court)

    • Depending on the circumstances, the court may also require the applicant to post a bond for a TRO. However, usually, the bond is primarily required when a preliminary injunction is granted.

  4. Notice and Hearing

    • If time permits, notice to the adverse party and a summary hearing is required before issuing a TRO, except in cases of extreme urgency that justify an ex parte issuance.

C. Automatic Dissolution of a TRO

  • Once the maximum period for the TRO has lapsed (20 days at the RTC level, 60 days at the CA level), the TRO automatically expires.
  • Failure of the applicant to move for a preliminary injunction or to show sufficient cause during the TRO period typically leads to the non-renewal or termination of the TRO.

V. STRATEGIC AND PROCEDURAL CONSIDERATIONS

  1. Preserving the Status Quo Ante

    • Courts issue injunctive relief primarily to maintain the “status quo ante litem,” meaning the last actual, peaceable, and uncontested state of things which preceded the controversy.

  2. Mandatory vs. Prohibitory Injunction

    • Courts exercise extreme caution in granting mandatory injunctions since it requires an affirmative act that may effectively grant the main relief without a full trial on the merits.

  3. Quantum of Evidence

    • Prima facie showing of the right claimed and its probable violation is sufficient for the issuance of a preliminary injunction or TRO.
    • However, injunction cannot be used to determine the merits of the case; it only requires a reasonable likelihood that the applicant will prevail on the merits.

  4. No Injunction to Restrain Criminal Prosecution

    • As a rule, courts do not issue injunctions to block criminal prosecutions, except in extraordinary circumstances where it is clearly necessary to protect constitutional rights.

  5. Prohibition on Enjoining Labor Disputes

    • Under labor laws, certain procedural requirements and limitations apply before the issuance of injunctions in labor disputes. The Labor Code has specific provisions on the issuance of injunctions by labor courts.

  6. Injunction Bond and Liability

    • The party applying for injunction must be prepared to post an adequate bond. If the injunction is later found to have been improper, the enjoined party can claim damages against this bond.

  7. Common Grounds to Oppose Injunction

    • Lack of a clear legal right.
    • Availability of other remedies (e.g., adequate remedy at law).
    • Absence of irreparable injury or damage.
    • Prematurity or tardiness of the application.
    • Non-compliance with procedural requirements (e.g., insufficient verification, inadequate bond, lack of notice or hearing when required).

  8. Effect of Violation of an Injunction or TRO

    • Disobedience to or violation of a duly issued injunction or TRO may constitute indirect contempt of court, punishable by fine and/or imprisonment.

VI. RELEVANT JURISPRUDENCE

  1. Republic v. Spouses Gingoyon, G.R. No. 166429 (2005)

    • Reiterates the strict requirements for injunctive relief and emphasizes that a clear legal right must exist before a writ of injunction can be issued.

  2. Sauler v. Ubaldo, G.R. No. 153166 (2007)

    • Affirms the principle that injunction is an extraordinary remedy which should not be granted absent a showing of urgent necessity for the prevention of serious damage.

  3. Bacolod City Water District v. Labayen, G.R. No. 157494 (2005)

    • Discusses in detail the requisites for a writ of preliminary injunction and clarifies the difference between a mere preferential right versus a legally vested right.

  4. Garcia v. Burgos, G.R. No. 185132 (2013)

    • Emphasizes that injunction cannot lie to restrain criminal prosecution except under extraordinary circumstances where there is a violation of constitutional rights.

  5. Philippine Air Lines v. Flight Attendants and Stewards Association of the Philippines (FASAP)

    • Illustrates labor injunction principles where labor disputes are involved and underscores the special statutory requirements set forth in the Labor Code.

VII. SAMPLE OUTLINE FOR LEGAL FORMS

While the exact format of pleadings can vary per counsel or local practice, below is a basic outline for an Application for Preliminary Injunction with a prayer for a TRO under Rule 58:

  1. Caption

    • Indicate court, title of the case, docket number.

  2. Title

    • “Verified Application for Preliminary Injunction (with Prayer for Temporary Restraining Order)”

  3. Allegations

    1. Jurisdictional Facts
      • State why the court has jurisdiction over the subject matter and the parties.
    2. Statement of Facts and Existing Right
      • Show the clear legal right to be protected.
    3. Threatened or Actual Violation
      • Detail the specific acts being done or about to be done by the defendant.
    4. Irreparable Damage or Injury
      • Show proof that the damage cannot be repaired by ordinary remedies (e.g., damages).
    5. Absence of Other Adequate Remedies
      • Declare that no other ordinary, speedy, and adequate remedy is available.
    6. Prayer for TRO
      • Cite urgent need for immediate relief and request the issuance of a TRO pending hearing of the injunction application.

  4. Prayer

    • Include an alternative prayer for such other and further reliefs as may be just and equitable.

  5. Verification and Certification against Forum Shopping

    • Duly signed and sworn to by the applicant, following the Rules of Civil Procedure.

  6. Attachments

    • Relevant documents, affidavits, exhibits showing the urgent need for the TRO or injunction.

VIII. CONCLUSION

A preliminary injunction and a temporary restraining order are provisional remedies designed to maintain the status quo and prevent irreparable injury pending the resolution of the main action. Courts issue these remedies only upon strict compliance with the requisites set forth in Rule 58 of the Rules of Court:

  • Clear and unmistakable right
  • Actual or threatened violation of that right
  • Serious and irreparable injury
  • No other adequate remedy at law
  • Posting of the required bond

For a TRO, immediacy and urgency are highlighted, and the lifespans of TROs are strictly limited depending on the issuing court.

These remedies are discretionary with the court, and will be granted only upon a thorough showing that the applicant’s rights are in peril and that there is no other plain, speedy, or adequate remedy. Counsel must meticulously meet every procedural requirement—from proper verification, notice, and hearing, to posting of an adequate bond—to successfully secure these extraordinary remedies. Failure to do so can result in the denial of the application or its premature dissolution, subjecting the applicant to potential liability for damages if the injunction or TRO was wrongfully obtained.

Disclaimer: This discussion is for informational purposes only and does not constitute legal advice. Always consult the latest statutes, rules, and jurisprudence, and seek professional counsel for specific issues or cases.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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