RULE
5 PRELIMINARY
INJUNCTION
Section 1.
Preliminary injunction defined; who may grant. (a) 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 to an
administrative
case or any third 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.
(b) A preliminary
injunction may be granted by the Hearing Officer who is handling or
hearing
the case but no such power can be exercised as against concurrent court
or other Office which have already acquired jurisdiction over the
subject
matter.
Section
2.
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
or any 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.
Section
3. Verified application and bond for preliminary injunction
or
temporary
restraining order. A preliminary 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;
(b) Unless exempted
by the Bureau, the applicant files with the Bureau a bond executed to
the
party or person enjoined in an amount to be fixed by the Hearing
Officer,
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 Hearing Officer should finally decide that the applicant
was
not entitled thereto. Upon approval of the requisite bond, a writ
of preliminary injunction shall be issued;
(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 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 the 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 Hearing Officer to whom the case was
raffled
and to whom the records shall be transmitted immediately.
Section
4.
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. Should the petition
be granted after compliance with the requirement of due process, the
Hearing
Officer shall issue an Order enjoining the party against whom it
is issued from further committing acts detrimental or injurious to the
applicant effective for such period of time as may be determined by the
Hearing Officer with the concurrence of the Director without prejudice
to the filing of counterbonds as provided in subsequent sections.
Section
5. 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 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 Hearing Officer 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.
Section
6. 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.
Section
7. 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 Hearing Officer shall grant a final
injunction
perpetually restraining the party or person enjoined from the
commission
or continuance of the act or acts or confirming the preliminary
mandatory
injunction.
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