RULE 58: PELIMINARY INJUNCTION

Section 1. Preliminary injunction defined; classes. — A preliminary injunction is an order

granted at any stage of an action or proceeding prior to the judgment or final order, requiring a
party or a court, agency or a person to refrain from a particular act or acts. It may also require the
performance of a particular act or acts, in which case it shall be known as a preliminary mandatory
injunction.

Discussion:
• Again, this is a preliminary remedy so:
o Provisional and ancillary to the main action
o It Is an order granted at any stage of an action
o Prior to judgement
o Requiring party, court, agency or a person to refrain from a particular act/s

Section 2. Who may grant preliminary injunction. — A preliminary injunction may be granted
by the court where the action or proceeding is pending. If the action or proceeding is pending in
the Court of Appeals or in the Supreme Court, it may be issued by said court or any member
thereof.

Discussion:
• Who may grant preliminary injunction?
o Granted only by the judge where the main action is pending
o If in the Justice of the Court of Appeals or the Supreme Court
§ There is a procedure in the Collegiate Courts, that while an Injunction order
may be issued by any member thereof, the order should be subject by
confirmation by the members who were not around or were absent when
the order was issued
§ For the trial courts, there being one judge, can issue the order.
• Thus, the court issuing the Preliminary Injunction must have
jurisdiction over the case. The requirement of Jurisdiction is a
Primary Consideration.

Before Preliminary Injunction can be issued, there must be a clear legal right to said remedy:
• It is important for the court to consider whether the applicant has a clear legal right so he
can ask for protection by means of Preliminary Injunction.
o Australian Professional Realty Inc. v Munc. Of Padre Gracia, Batangas:
§ A clear legal right means one clearly founded in or granted by law or is
enforceable as a matter of law.
• Another term for clear legal right is a Right in Esse: right founded
on law.
 As a rule, the remedy of Preliminary Injunction will not protect a right that is not in esse or a
right which is merely contingent and may never arise or to restrain an act which does not
give rise to a cause of action or to prevent the perpetration of an act prohibited by statute.

The rule of non-interference of the courts

• No court can interfere by injunction with the judgement or decrees of the court, with
concurrent or co-equal jurisdiction.

INJUNCTION AS IT IS CAN BE CONSIDERED A MAIN ACTION, UNLIKE RULE 57

Injunction as a Main Action Injunction as a Provisional Remedy

Seeks judgement embodying a Sole object of preserving the status
final injunction. quo until the merits can be heard.

Example: The Main case could be for injunction, and the plaintiff or complainant can seek
for preliminary injunction to enjoin or prevent the performance of an act; or to enjoin the
implementation of a law.

Classes of Injunction:
• Prohibitory Injunction
o Commands a party to refrain from doing a particular act.
o Purpose is to restrain
• Mandatory Injunction
o Commands the performance of some positive act to correct a wrong in the past.
o Designed to compel the performance of an act.
• Final Injunction
o After trial, perpetually restraining the party enjoined from the commission or
continuance of the act/s confirming the preliminary injunction
§ Confirmation of the preliminary injunction.

Writ of Preliminary Injunction:

• Restrains the execution or doing of an act thus placing in status quo, the relationship of
the parties pending the principal action
• Parties will be left where they were until the case has been decided.
• There is a restraint in the doing of the act, and their relationship stays as is.

Writ of Preliminary Mandatory Injunction

• Both are still preliminary remedies
• Applicant asks that he be allowed to do an act pending the principal action.
• Seeks to restrain the party subject to the writ of doing an act,
 • Seeks both to compel a party to do an act or direct the party subject to the writ to
restrain him from doing an act.

Section 3. Grounds for issuance of preliminary injunction. — A preliminary injunction may be

granted when it is established:

(a) 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 a limited period or perpetually;

(b) 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

(c) 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
judgment ineffectual.

Grounds for the Issuance, summarized: (ECP)

• The applicant is entitled to the relief demanded
o Relief consists in restraining the commission or continuance of act/s complained
of or requiring performance of act/s
• Commission, continuance or non-performance of the act/s complained of during litigation
o Would probably work injustice to the applicant
• Party court, agency or person
o Doing the threatening, attempting to do, procuring or suffering to be done some
acts probably in violation of the rights of the applicant. Respecting the subject of
the action tending to render judgement ineffectual.
Discussion:
• If it is to restraint, it is prohibitory in character
• If it were to compel, it is more of a mandatory injunction.
• The grounds need to be specifically alleged and narrated in the information, as the court
will have to determine whether the applicant is entitled thereto. Absent these grounds,
there would be a denial
• The court, in issuing the injunction, is exercising its authority in a discretionary manner
that requires it to be soundly exercised.
o The court exercises a sound discretion if on consideration
§ That if the court will not do so, then whatever judgement it might render,
would be made rendered ineffectual.

Section 4. Verified application and bond for preliminary injunction or temporary restraining
order. — A preliminary injunction or temporary restraining order may be granted only when:
 (a) The application in the action or proceeding is verified, and shows facts entitling the
applicant to the relief demanded; and

(b) Unless exempted by the court the applicant files with the court where the action or
proceeding is pending, a bond executed to the party or person enjoined, in an amount to be
fixed by the court, to the effect that the applicant will pay to such party or person all damages
which he may sustain by reason of the injunction or temporary restraining order if the court
should finally decide that the applicant was not entitled thereto. Upon approval of the
requisite bond, a writ of preliminary injunction shall be issued. (4a)

(c) When an application for a writ of preliminary injunction or a temporary restraining order
is included in a complaint or any initiatory pleading, the case, if filed in a multiple-sala court,
shall be raffled only after notice to and in the presence of the adverse party or the person to
be enjoined. In any event, such notice shall be preceded, or contemporaneously
accompanied, by service of summons, together with a copy of the complaint or initiatory
pleading and the applicant's affidavit and bond, upon the adverse party in the Philippines.

However, where the summons could not be served personally or by substituted service
despite diligent efforts, or the adverse party is a resident of the Philippines temporarily
absent therefrom or is a nonresident thereof, the requirement of prior or contemporaneous
service of summons shall not apply.

(d) The application for a temporary restraining order shall thereafter be acted upon only after
all parties are heard in a summary hearing which shall be conducted within twenty-four (24)
hours after the sheriff's return of service and/or the records are received by the branch
selected by raffle and to which the records shall be transmitted immediately.

• Application and bond for preliminary injunction or TRO

o Notice preceded by or contemporaneously accompanied by service of summons
with complaint, applicant’s affidavit and bond

Discussion:
• In a manner of speaking, Temporary Restraining Order is the same as a Preliminary
Injunction. As they are mentioned in the alternative, and both pertain to restraining an
act.
• Requirements, here are similar as to Preliminary Attachment:
o Application and shows the facts entitling to the relief
o Bond in an amount fixed by the court to the effect that the applicant will pay to
such party all damages which he may sustain
o Notice and Service of Summons and Initiatory Pleadings
§ Party subject of the application must be notified of the complaint filed
against him. For the purpose of the court acquiring jurisdiction over his
person.
Section 5. Preliminary injunction not granted without notice; exception. — No preliminary
injunction shall be granted without hearing and prior notice to the party or person sought to be
enjoined. If it shall appear from facts shown by affidavits or by the verified application that great or
irreparable injury would result to the applicant before the matter can be heard on notice, the court
to which the application for preliminary injunction was made, may issue a temporary restraining
order to be effective only for a period of twenty (20) days from service on the party or person sought
to be enjoined, except as herein provided. Within the said twenty-day period, the court must order
said party or person to show cause, at a specified time and place, why the injunction should not be
granted, determine within the same period whether or not the preliminary injunction shall be granted,
and accordingly issue the corresponding order. (Bar Matter No. 803, 17 February 1998)

However, and subject to the provisions of the preceding sections, if the matter is of extreme urgency
and the applicant will suffer grave injustice and irreparable injury, the executive judge of a multiple-
sala court or the presiding judge of a single sala court may issue ex parte a temporary restraining
order effective for only seventy-two (72) hours from issuance but he shall immediately comply with
the provisions of the next preceding section as to service of summons and the documents to be
served therewith. Thereafter, within the aforesaid seventy-two (72) hours, the judge before whom
the case is pending shall conduct a summary hearing to determine whether the temporary
restraining order shall be extended until the application for preliminary injunction can be heard. In
no case shall the total period of effectivity of the temporary restraining order exceed twenty (20)
days, including the original seventy-two hours provided herein.

In the event that the application for preliminary injunction is denied or not resolved within the said
period, the temporary restraining order is deemed, automatically vacated. The effectivity of a
temporary restraining order is not extendible without need of any judicial declaration to that effect
and no court shall have authority to extend or renew the same on the same ground for which it was
issued.

However, if issued by the Court of Appeals or a member thereof, the temporary restraining order
shall be effective for sixty (60) days from service on the party or person sought to be enjoined. A
restraining, order issued by the Supreme Court or a member thereof shall be effective until further
orders.

• For a TRO it is only for 20 days if it is issued without notice which requires the proof of
extreme urgency and applicant suffers grave injustice and irreparable injury. It does not
require another order declaring that the TRO has already expired. It will expire by the
simple lapse of time.
o Note: this is one with notice and hearing
GENERAL RULE: Preliminary Injunction shall not be granted without hearing and prior notice
to the party sought to be enjoined.

EXCEPTION: An Ex Parte TRO can be issued despite the absence of notice, if it pertains to an
extremely urgent matter and the applicant proves that he will suffer great irreparable injury
and injustice, sans a TRO.

o Note: An Ex Parte TRO is good only for 72 hours.

 § Irreparable Injury, is defined by Supreme Court cases as an injury that is
unquantifiable or not subject to mathematical computations.
§ Thus, if the applicant will state that they will lose a big amount, that will
not, per se, constitute irreparable injury
TRO Ex Parte TRO
Requires Notice and Service Does not require notice and service
Valid for 20 days Valid for 72 Hours

Section 6. Grounds for objection to, or for motion of dissolution of, injunction or restraining
order. — The application for injunction or restraining order may be denied, upon a showing of its
insufficiency. The injunction or restraining order may also be denied, or, if granted, may be dissolved,
on other grounds upon affidavits of the party or person enjoined, which may be opposed by the
applicant also by affidavits. It may further be denied, or if granted, may be dissolved, if it appears
after hearing that although the applicant is entitled to the injunction or restraining order, the issuance
or continuance thereof, as the case may be, would cause irreparable damage to the party or person
enjoined while the applicant can be fully compensated for such damages as he may suffer, and the
former files a bond in an amount fixed by the court conditioned that he will pay all damages which the
applicant may suffer by the denial or the dissolution of the injunction or restraining order. If it appears
that the extent of the preliminary injunction or restraining order granted is too great, it may be
modified.

Grounds for objection to, or motion for dissolution of, injunction or restraining order.
• Application for injunction may be denied, upon showing of its insufficiency.
• Defendant must be able to show that the applicant can be adequately compensated if the
TRO was to be dissolved, on motion by the party subject to the TRO
• This means when the defendant files the motion to object to the Preliminary Injunction,
can be required to put up a Bond. (Bond in the part of the defendant)

Section 7. Service of copies of bonds; effect of disapproval of same. — The party filing a bond
in accordance with the provisions of this Rule shall forthwith serve a copy of such bond on the other
party, who may except to the sufficiency of the bond, or of the surety or sureties thereon. If the
applicant's bond is found to be insufficient in amount, or if the surety or sureties thereon fail to justify,
and a bond sufficient in amount with sufficient sureties approved after justification is not filed
forthwith the injunction shall be dissolved. If the bond of the adverse party is found to be insufficient
in amount, or the surety or sureties thereon fail to justify a bond sufficient in amount with sufficient
sureties approved after justification is not filed forthwith, the injunction shall be granted or restored,
as the case may be.

Discussion:
• Sec 7 Requires the service of copies of the bond and its effect on disapproval
o If the court grants the motion to dissolve the injunctive writ, the court must serve
the parties a notice that the bond has been put up.
• Effect of Disapproval
o Injunction is dissolved if bond is insufficient or surety fails to justify on his
undertaking
 o Thus, the requirement that the copies of the bond be served because if the party
would point out to the insufficiency of the bond or the disqualification of the
surety, then the writ of injunction is not effective because of the failure to comply
with the submission of the bond.
§ Again, the requirements:
• Application
• Affidavit containing the grounds and the right in esse that needs to
be protected
• Post a sufficient bond.
• The Rule on Contemporaneous Service of Summons may not apply when:
o Where summons could not be served personally
o Or substituted service
o Adverse party is a non-resident
§ On these instances, the rule might not be applicable.
• Preliminary Injunction would only be granted if the application is Verified showing the
facts entitling the applicant the relief demanded.
o An improper verification of a pleading shall be treated as an unsigned pleading.

Section 8. Judgment to include damages against party and sureties. — At the trial, the amount
of damages to be awarded to either party, upon the bond of the adverse party, shall be claimed,
ascertained, and awarded under the same procedure prescribed in section 20 of Rule 57.

• Judgements must include the damages against the losing party and can include
awarding of damages to the prevailing party
o Damages awarded to the winning party and sureties
• The parties there should be able to prove, other than the entitlement of the reliefs
prayed for, that he is entitled to the award of damages that the plaintiff has sustained.
• The bond that has been put up can answer for the damages and for that matter the
sureties can be held liable for the bond
o Essentially the procedure in Sec 20, Rule 57 is the same with Rule 58.

Section 9. When final injunction granted. — If after the trial of the action it appears that the
applicant is entitled to have the act or acts complained of permanently enjoined the court shall grant
a final injunction perpetually restraining the party or person enjoined from the commission or
continuance of the act or acts of confirming the preliminary mandatory injunction.

Discussion:
• When the court determines that the injunction should be made perpetual, the court
shall do so in its decision.
• Final injunction, perpetually restraining the party enjoined from the commission/
continuance of act/s
• Granted only after trial
Note: One author made the distinction of a preliminary injunction with a TRO. Stating that a
TRO can be issued without notice in order to maintain the status quo. Preliminary Injunction
can only be issued on due notice of the defendant. A preliminary injunction could either be a
restraint or a requirement to perform an act. A TRO is to maintain the status quo.