Scribd
Upload
8 views1 page

Understanding Preliminary Injunctions

This document discusses preliminary injunctions under Philippine law. It defines a preliminary injunction and discusses its nature and purpose to preserve the status quo while the main case is pending. It outlines which courts may issue preliminary injunction writs based on territorial jurisdiction. It also discusses the grounds for issuing a preliminary injunction, such as preventing irreparable damage, and exceptions where acts may not be enjoined. The document notes laws prohibiting injunctions against certain government concessions, infrastructure projects, and financial institutions, with some exceptions. It states a preliminary injunction requires a verified application and bond.

Uploaded by

mzhlean
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
8 views1 page

Understanding Preliminary Injunctions

This document discusses preliminary injunctions under Philippine law. It defines a preliminary injunction and discusses its nature and purpose to preserve the status quo while the main case is pending. It outlines which courts may issue preliminary injunction writs based on territorial jurisdiction. It also discusses the grounds for issuing a preliminary injunction, such as preventing irreparable damage, and exceptions where acts may not be enjoined. The document notes laws prohibiting injunctions against certain government concessions, infrastructure projects, and financial institutions, with some exceptions. It states a preliminary injunction requires a verified application and bond.

Uploaded by

mzhlean
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Preliminary Injunction

(Secs. 1 to 9)

Preliminary injunction defined (Sec. 1)


Injunction as a main action
Hernandez vs. National Power Corporation, G.R. No. 145328,
March 23, 2006
Nature and purpose
Sabalones vs. CA, 239 SCRA 79 (1994)
Ulang vs. CA, 225 SCRA 637 (1993)
Which court may issue writ (Sec. 2)
Territorial jurisdiction to issue writ
Decano vs. Edu, 99 SCRA 410 (1980)
Grounds for issuance (Sec. 3)
Acts consummated may not be enjoined; exceptions
Verzosa vs. CA, 299 SCRA 100 (1998)
When injunction is improper
Tay Chun Suy [Link], 229 SCRA 151 (1994)
Laws prohibiting injunction
PD 605 cases involving concessions, licenses, and other
permits issued by public administrative officials or bodies
for exploitation of natural resources
PD 1818 cases involving infrastructure and natural
resources projects of, and public utilities operated by, the
government
PD 385 against any government financial institution taking
foreclosure of loans of which at least 20% thereof are
outstanding
Exceptions
Hernandez vs. National Power Corporation, G.R. No. 145328,
March 23, 2006
Verified application and bond (Sec. 4)

You might also like