KINDS OF INJUNCTION UNDER RULE 58 (PHILIPPINE RULES OF COURT)
In Philippine remedial law, injunction is a judicial writ or order requiring a person to refrain from doing (prohibitory) or to perform (mandatory) a specific act. Preliminary injunction is a provisional remedy available to a litigant before the final resolution of the main action. Under Rule 58 of the 1997 Rules of Civil Procedure, a preliminary injunction may be prohibitory or mandatory, and there is also the concept of a permanent (final) injunction which is issued as part of a final judgment. Below is a comprehensive discussion of these various kinds of injunction and related considerations.
1. OVERVIEW OF INJUNCTION
Definition
- An injunction is an order issued by a court commanding a person either (a) to refrain from a particular act (prohibitory injunction) or (b) to perform a particular act (mandatory injunction).
Nature
- Injunction, particularly a preliminary injunction, is an ancillary or provisional remedy. This means it is not a cause of action in itself but is tied to the main action or proceeding.
- The purpose of a preliminary injunction is to preserve or protect certain rights and interests during the pendency of a case, preventing further injury or injustice until the court can determine the main controversy on the merits.
General Requisites (Rule 58, Section 4)
To secure a preliminary injunction (whether prohibitory or mandatory), the applicant must show:- Existence of a right to be protected;
- Violation of that right (or at least a threat thereof);
- Urgency and necessity for the writ to prevent serious damage; and
- Inadequacy of any other ordinary or legal remedy (no other plain, speedy, and adequate remedy in the ordinary course of law).
Moreover, the applicant must post an injunction bond (Section 4[b]), to answer for damages in case it is later determined that the injunction was wrongly issued.
2. KINDS OF INJUNCTION
A. Preliminary Prohibitory Injunction
Definition
- A preliminary prohibitory injunction is a writ commanding a person to refrain from performing a particular act during the pendency of the action.
Purpose
- The goal is to maintain the status quo between the parties until the final adjudication of the case. The status quo here is the last actual, peaceful, uncontested situation that preceded the controversy.
Common Situations
- Stopping a defendant from continuing alleged illegal construction.
- Preventing the alienation or dissipation of property in litigation.
- Stopping a party from breaching a contractual obligation or causing irreversible harm to the other party.
Effect
- Once granted, the parties must not perform the act specifically enjoined (for example, continuing construction, selling property, etc.) until the court decides otherwise or until final judgment in the main case.
B. Preliminary Mandatory Injunction
Definition
- A preliminary mandatory injunction is a writ ordering a party to perform a specific act required to restore the status quo or to protect the rights of the applicant before the trial court can fully resolve the main action.
More Stringent Requirements
- Because it compels the doing of an affirmative act, courts are more cautious in granting preliminary mandatory injunctions. Jurisprudence has consistently held that this remedy should be granted only in clear cases, where the injury to be prevented is manifest and irreparable, and the applicant’s rights are indisputably clear.
- The Supreme Court has emphasized that the applicant must prove the existence of a “special and compelling reason” and “extreme urgency,” making the issuance of a preliminary mandatory injunction indispensable.
Common Situations
- Ordering a person to restore possession of property to another who was unlawfully dispossessed.
- Directing a defendant to deliver a disputed object or document to the court’s custody.
- Requiring a party to undo something already done that violates the rights of another (e.g., removing barriers, restoring essential services, etc.).
Effect
- The respondent is commanded to perform the specific act required by the court, effectively (where feasible) returning the parties and the subject matter to their last uncontested condition prior to the dispute.
3. PERMANENT (FINAL) INJUNCTION
Definition
- A permanent injunction (also called “perpetual injunction” in older parlance) is granted after a full hearing on the merits of the main case, usually included in the final judgment.
Nature
- It is no longer provisional. Rather, it disposes of the issue of injunctive relief as part of the principal relief in the case.
Purpose
- It perpetually enjoins or mandates a party to cease or perform a specific act when the evidence and merits of the case show that it is the only effective remedy to protect the prevailing party’s right.
Examples
- A final judgment ordering a defendant to stop polluting a river.
- A decree permanently restraining the breach of a contract.
- A decision compelling a local government unit to implement certain infrastructure or adopt measures to protect constitutional or statutory rights.
4. DISTINGUISHING PROHIBITORY FROM MANDATORY INJUNCTION
| Aspect | Preliminary Prohibitory | Preliminary Mandatory |
|---|---|---|
| Nature of Action | Maintains or preserves the status quo by stopping an act | Commands performance of a positive act to restore or create a status |
| Stringency | Less stringent requirements compared to mandatory | Granted only upon clear, positive, and convincing evidence of need |
| Effect on Parties | Prohibits the respondent from doing something | Compels the respondent to do something |
| Common Use | Often used to prevent ongoing or threatened wrongful acts | Often used to address wrongful acts already done, requiring correction |
5. REQUIREMENTS AND PROCEDURE (RULE 58)
Verified Application (Sec. 4)
- The application for a writ of preliminary injunction (whether prohibitory or mandatory) must be in writing and verified.
- It must state the facts showing the applicant is entitled to the relief demanded and the grounds for the issuance of the injunction.
Bond (Sec. 4[b])
- The applicant must post a bond, known as an injunction bond, in an amount the court deems sufficient to compensate the adverse party for any damages that he or she may suffer should it be finally determined that the injunction ought not to have been granted.
Hearing and Notice (Sec. 5)
- The trial court must conduct a hearing on the application with due notice to the party sought to be enjoined. The respondent has the right to oppose the application and present evidence.
- In extremely urgent cases (e.g., irreparable injury), the court may issue a Temporary Restraining Order (TRO) of limited duration before hearing the application for the preliminary injunction proper.
Issuance of the Writ
- Upon a showing of all the requisites (valid cause of action, urgent necessity, likelihood of success in the main case, posting of bond, etc.), the court may issue a Writ of Preliminary Prohibitory Injunction or Writ of Preliminary Mandatory Injunction (depending on the relief sought).
- The court’s order granting or denying the injunction must state the reasons for its action.
Discharge of Injunction or Modification (Secs. 6-7)
- The adverse party may move for the dissolution of the injunction. If it appears after hearing that the injunction was improperly or irregularly issued or that the bond is insufficient, the court may dissolve or modify the writ.
Appealability
- Orders granting or denying an injunction are interlocutory in nature. Generally, they cannot be appealed immediately. The aggrieved party’s remedy is to file a special civil action under Rule 65 (certiorari, prohibition, or mandamus) if there is alleged grave abuse of discretion.
- The correctness of the injunction order can ultimately be raised on appeal from the final judgment in the main action.
6. RELEVANT JURISPRUDENCE
Garcia v. Burgos, G.R. No. L-52535 (Philippine Supreme Court)
- Emphasized that a writ of preliminary mandatory injunction should issue only under compelling circumstances and when the applicant’s right is clear and unequivocal.
Transfield Philippines, Inc. v. Luzon Hydro Corp., G.R. No. 146717
- Clarified the necessity of showing urgent and permanent necessity for the issuance of injunction to prevent serious damage.
Social Security System v. Court of Appeals, G.R. No. 100388
- Reiterated that the issuance of injunction is an extraordinary remedy and not to be granted lightly. The applicant must strictly comply with procedural requirements.
Marquez v. Sanchez, G.R. No. 1293
- Applied the principle that the status quo to be preserved by a prohibitory injunction is the last actual, peaceable, and uncontested situation which preceded the controversy.
These decisions consistently underscore that while injunction is a powerful judicial remedy, it should be wielded with great caution, particularly where it compels affirmative actions in a preliminary mandatory injunction.
7. PRACTICAL POINTS AND LEGAL ETHICS
Duty of Candor and Good Faith
- In seeking preliminary injunction, an applicant (through counsel) must represent facts truthfully and avoid withholding material information. Courts frown upon misrepresentations, which can lead to sanctions and the dissolution of the writ.
Efficient Use of Judicial Resources
- Because hearings on applications for injunctions consume time, lawyers are expected to ensure that they have a sound basis before seeking injunctive relief. Frivolous or baseless injunction suits may result in liability for damages.
Post-Bond Requirement
- Failing to post the required bond or to provide an adequate bond may delay or nullify the issuance of the writ. The lawyer must ensure compliance with the bond requirement and justify its amount.
Effect on Third Parties
- Although generally directed at a defendant or respondent, an injunction can have incidental effects on third parties. The applicant’s counsel must ensure that the scope of the sought injunction is as precise and limited as possible to avoid infringing on the rights of non-parties.
8. SUMMARY
- Preliminary Injunction (Rule 58) is an ancillary remedy intended to prevent irreparable injury or maintain the status quo during litigation.
- There are two main categories of preliminary injunction:
- Prohibitory – orders a party to stop doing an act.
- Mandatory – orders a party to do a specific act.
- A Permanent (Final) Injunction may be granted after the main case is decided, becoming part of the final judgment.
- Courts are most cautious in granting preliminary mandatory injunctions due to their commanding nature (compelling affirmative action), and they require a clear legal right coupled with urgent necessity.
- The applicant must file a verified application, show clear legal rights, post an injunction bond, and overcome the burden of proving irreparable injury, urgency, and lack of an adequate remedy at law.
- The respondent can move to dissolve or modify the injunction if circumstances change or if it appears that the injunction was improperly issued.
- Ethical practice requires honesty and thoroughness, because courts impose strict scrutiny on injunctive relief given its potentially far-reaching consequences.
When seeking (or opposing) an injunction, lawyers should be mindful of both procedural and substantive requirements, as well as jurisprudential precedents. Proper compliance with Rule 58 and the presentation of cogent evidence are paramount to obtaining a favorable order from the court.