SUBJECT:  EXERCISE OF UTMOST CAUTION, PRUDENCE AND JUDICIOUSNESS IN ISSUANCE OF TEMPORARY RESTRAINING ORDERS AND WRITS OF PRELIMINARY INJUNCTIONS.

Despite well-entrenched jurisprudence and circulars regarding exercise of judiciousness and care in the issuance of temporary restraining orders [TRO] or grant of writs of preliminary injunction, reports or complaints on abuses committed by trial judges in connection therewith persist. Some even intimated that irregularities, including corruption, might have influenced the issuance of the TRO or the writ or preliminary injunction.

No less than the President of the Philippines has requested this Court to issue a Circular reminding judges to respect P. D. No. 1818 which prohibits the issuance of TROs in cases involving implementation of government infrastructure projects. The Office of the President has likewise brought to the attention of this Court, orders of judges releasing imported articles under seizure and forfeiture proceedings by the Bureau of Customs.

Judges are thus enjoined to observe utmost caution, prudence and judiciousness in the issuance of TRO and in the grant of writs of preliminary injunction to avoid any suspicion that its issuance or grant was for consideration other than the strict merits of the case.

Judges should bear in mind that in Garcia v. Burgos (291 SCRA 546, 571-572 [1998]), this Court explicitly stated:

Finally, judges should never forget what the Court categorically declared in Mison v. Natividad (213 SCRA 734, 742 [1992]) that "(b)y express provision of law, amply supported by well-settled jurisprudence, the Collector of Customs has exclusive jurisdiction over seizure and forfeiture proceedings and regular courts cannot interfere with his exercise thereof or stifle or put it to naught."

The Office of the Court Administrator shall see to it that this Circular is immediately disseminated and shall monitor implementation thereof.

Strict observance and compliance of this Circular is hereby enjoined.

25 June 1999.