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PRESIDENTIAL DECREE NO. 605
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PRESIDENTIAL DECREE NO. 605
- BANNING THE ISSUANCE BY COURTS OF PRELIMINARY INJUNCTIONS IN CASES
INVOLVING CONCESSIONS, LICENSES, AND OTHER PERMITS ISSUED BY PUBLIC
ADMINISTRATIVE OFFICIALS OR BODIES FOR THE EXPLOITATION OF NATURAL
RESOURCES
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WHEREAS, it
has been common practice for courts to issue preliminary injunctions
and/or preliminary mandatory injunctions in disputes involving or
growing out of the issuance, suspension, revocation, approval or
disapproval of any concession, license, permit, patent or public grant
of any kind for the disposition, exploitation, utilization, exploration
and development of the natural resources of the country; chanroblesvirtualawlibrary
WHEREAS, such undesirable practice has resulted in confusion and in the
disruption of the smooth functioning of the administrative machinery
having charge of the natural resources of the country;chanroblesvirtualawlibrary
WHEREAS, another consequence of such practice is the substitution by
courts of their judgments for those of the public administrative
officials or bodies entrusted by law with the above mentioned functions
and jurisdictions;chanroblesvirtualawlibrary
WHEREAS, such practice has likewise been a contributory deterrent to
the development and exploitation of our natural resources, thereby
hindering the economic development of the country; chanroblesvirtualawlibrary
WHEREAS, even under the Industrial Peace Act (R.A. No. 875) issuance by
courts of restraining orders or injunctive reliefs in cases involving
or growing out of labor disputes are prescribed in order not to
frustrate, blunt or destroy the effect of concerted coercive measures
which employees are allowed to resort to under the Act, and a similar
purpose of preventing the nullification or the defeat of grants or
denials to citizens of privileges in the development of the country's
natural resources would be served by banning the issuance of
injunctions in cases involving such privileges.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order the following as part of the law of the land:cralaw:red
Section 1. No court of the Philippines shall have
jurisdiction to issue any restraining order, preliminary injunction or
preliminary mandatory injunction in any case involving or growing out
of the issuance, approval or disapproval, revocation or suspension of,
or any action whatsoever by the proper administrative official or body
on concessions, licenses, permits, patents, or public grants of any
kind in connection with the disposition, exploitation, utilization,
exploration, and/or development of the natural resources of the
Philippines. chanroblesvirtualawlibrary
Section 2. All laws, orders, decrees, instructions
and rules and regulations inconsistent with this Decree are hereby
repealed and/or set aside or modified accordingly.
Section 3. This Decree shall take effect
immediately.
Done in the City of Manila,
this 12th day of December, in the year of Our Lord, nineteen hundred
and seventy-four.
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