By: Atty. Rio Krisel G. Bautista on February 20,2025

According to Section 1, Rule 58 of the Revised Rules on Civil Procedure, a writ of preliminary injunction is an order granted at any stage of an action, prior to the judgment or final order, requiring a party, court, agency or person to perform or refrain from performing an act or acts.

To preserve the status quo and to protect the substantive rights and interests of a party from threatened or continuous irreparable injury, such party may seek provisional relief from the court, by including in the principal action, an application for the issuance of a writ of preliminary injunction and/or temporary restraining order, until the principal case can be fully heard and tried.

Under Section 3 of the same rule, a writ of preliminary injunction may be granted when it is established 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;
• the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or
• a party, court, agency or a 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.

In several cases decided by the Supreme Court, the grounds mentioned above, were summarized as follows:

• There exists a clear and unmistakable right to be protected, or a right clearly granted by law;
• This right is directly threatened by an act sought to be enjoined;
• The invasion of the right is material and substantial; and
• There is an urgent and paramount necessity for the writ to prevent serious and irreparable damage.

Thus, to satisfy the requisites for the issuance of the writ, the existence of the right granted by law and the actual or threatened violations must be established. Any doubt on the alleged legal right or the absence of evidence on the existence of such right will preclude the grant of the relief of preliminary injunction.

It is also well settled that a writ of preliminary injunction should be issued only to prevent grave and irreparable injury, that is, injury that is actual, substantial, and demonstrable. As upheld by the Supreme Court, the serious and irreparable damage consists of a charge of, or is destructive to, the property it affects, either physically or in the character in which it has been held and enjoined, or when the property has some peculiar quality or use, so that its pecuniary value will not fairly recompense the owner of the loss thereof. Thus, a preliminary injunction is not warranted for any damage that is easily subject to mathematical computation and, if proven, is fully compensable by damages. (SM Investments Corp. v. Mac Graphics Carranz International Corp., G.R. Nos. 224131-32 & 224337-38, June 25, 2018)

In addition, a writ of preliminary injunction shall be granted only upon prior notice to the party or the persons sought to be enjoined and upon due hearing where parties are given the opportunity to present their evidence. However, if it shall appear that there is a matter of extreme urgency and the applicant will suffer great or irreparable injury before the hearing, a temporary restraining order may be issued by the court.

The grant or denial of the writ of preliminary injunction is subject to the discretion of the court. However, such grant or denial is not a final resolution or decision disposing of the case. The court must still conduct its proceedings to resolve the main issue in the principal action.

Rio Krisel G. Bautista is an Associate of Mata-Perez, Tamayo & Francisco (MTF Counsel). This article is for general information only and is not a substitute for professional advice where the facts and circumstances warrant. If you have any question or comment regarding this article, you may email the author at info@mtfcounsel.com or visit MTF website at www.mtfcounsel.com

https://www.manilatimes.net/2025/02/20/business/top-business/preserving-the-status-quo/2058653