ADMINISTRATIVE
CIRCULAR NO. 20-95
TO:
COURT
OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL
COURTS
IN CITIES, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A DISTRICT COURTS,
SHARI’A
CIRCUIT COURTS AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES
SUBJECT:
RE: SPECIAL RULES FOR TEMPORARY RESTRAINING ORDERS AND
PRELIMINARY
INJUNCTIONS.
[1] Where an
application
for Temporary Restraining Order [TRO] or writ of preliminary injunction
is included in a complaint or any initiatory pleading filed with the
trial
court, such complaint or initiatory pleading shall be raffled only
after
notice to the adverse party and in the presence of such party or
counsel.
[2] The
application
for a TRO shall be acted upon only after all parties are heard in a
summary
haering conducted within twenty-four [24] hours after the records are
transmitted
to the branch selected by raffle. The records shall be transmitted
immediately
after raffle.
[3] If
the
matter is of extreme urgency, such that unless a TRO is issued, grave
injustice
and irreparable injury will arise, the Executive Judge shall issue the
TRO efective only for seventy-two [72] hours from issuance but shall
immediately
summon the parties for conference and immediately raffle the case in
their
presence. Thereafter, before the expiry of the seventy-two [72] hours,
the Presiding Judge to whom the case is assigned shall conduct a
summary
hearing to determine whether the TRO can be extended for another period
until a hearing in the pending application for preliminary injunction
can
be conducted. In no case shall the total period of the TRO exceed
twenty
[20] days, including the original seventy-two [72] hours, for the TRO
issued
by the Executive Judge.
[4] With
the exception
of the provisions which necessarily involve multiple-sala stations,
these
rules shall apply to single-sala stations especially with regard to
immediate
notice to all parties of all applications for TRO.cralaw:red
For
immediate compliance.cralaw:red
Ths
Circular shall
be published in two [2] newspapers of general circulation and shall
take
effect on October 1, 1995.cralaw:red
September
12, 1995.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |
