Nature and Purpose
A preliminary injunction is an ancillary or auxiliary remedy. It is provisional in nature, meaning it is issued prior to judgment. Its primary purpose is to preserve the status quo and protect the applicant's rights or interests during the pendency of the action. It serves as a preventive remedy, aiming to prevent irreparable injury.
Jurisdictional Foundation
A preliminary injunction may be granted by the court where the main action is pending, the Court of Appeals, or the Supreme Court. Regional Trial Courts have jurisdiction to issue writs of preliminary injunction within their respective territorial boundaries. However, the issuance of a writ of preliminary injunction is largely a matter addressed to the sound discretion of the court.
Cases Where Preliminary Injunction May Be Granted
Preliminary injunction is appropriate where it is necessary to preserve the rights or interests of the parties during the pendency of the principal action. It aims to preserve the status quo or maintain the last peaceable uncontested status before the controversy.
However, there are cases where preliminary injunction is generally not referrable to court-annexed mediation (CAM) and judicial dispute resolution (JDR), such as criminal cases, habeas corpus petitions, cases under Republic Act No. 9262 (Violence Against Women and Children), and cases with pending applications for restraining orders/preliminary injunctions.
Requisites for Granting
For a writ of preliminary injunction to issue, the following requisites must generally be present:
- The applicant must show they have a clear and unmistakable right.
- There must be a material and substantial invasion of that right.
- There must be an urgent need to prevent irreparable injury to the applicant.
- No other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable injury.
The applicant must prove the requisites by affidavit or verified application.
Application and Procedure
An application for a preliminary injunction may be included in the original complaint or any initiatory pleading. In a multiple-sala court, the application is raffled to the adverse party or person to be enjoined. Notice must be given to the adverse party, and a hearing is generally required before the injunction can be granted. Courts should not summarily issue an order without an adequate hearing and judicial evaluation of the merits of the application.
An ex parte temporary restraining order (TRO) may be issued by the executive judge of a multiple-sala court or the presiding judge of a single-sala court in cases of extreme urgency and grave, irreparable injury. This ex parte TRO is effective for seventy-two (72) hours. A summary hearing must be conducted within this period. Based on the summary hearing, the TRO may be extended for a period not exceeding twenty (20) days from the issuance of the original TRO. The total duration of the TRO cannot exceed twenty (20) days.
Bond Requirement
An order granting a preliminary injunction may require the applicant to post a bond. The purpose of the bond is to secure the party enjoined for any damages they may sustain if the court later decides that the applicant was not entitled to the injunction. The amount of the bond is within the sound discretion of the trial court.
Duration
A preliminary injunction has no fixed period of life and remains in effect until the decision on the merits of the main case, unless it is sooner dissolved.
Dissolution of Preliminary Injunction
A preliminary injunction may be dissolved upon various grounds, including:
- Insufficiency of the complaint or the application.
- Insufficiency or defect of the bond.
- When it is shown that the preliminary injunction is improperly granted.
- Other grounds upon affidavits or appearance of the party enjoined.
The party enjoined may file a motion for dissolution. The court must conduct a hearing on the motion.
Effect of Dissolution
If the main action is dismissed, the ancillary preliminary injunction falls with it. When a preliminary injunction is dissolved, the party enjoined may seek recovery of damages sustained due to the improper issuance of the injunction. The bond posted by the applicant serves as security for such damages. The liability on the bond is limited to the amount stated therein and depends on whether the attachment writ was improperly or irregularly issued. Claims for damages resulting from a wrongful injunction may be made in the same action or in a counterclaim.