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PRELIMINARY INJUNCTION

Category: Civil Procedure

Preliminary Injunction

Preliminary Injunction is defined in Section 1, RULE 58, Revised Rules of Court on Preliminary Injunction,
to wit:

"Section 1. Preliminary injunction defined; classes. — 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 or a court, agency
or a 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. (1a)"1

In Section of the same rule, the court which can grant a preliminary injunction is provided:
"Section 2. Who may grant preliminary injunction. — A preliminary injunction may be granted by the
court where the action or proceeding is pending. If the action or proceeding is pending in the Court of
Appeals or in the Supreme Court, it may be issued by said court or any member thereof. (2a)"2

Additionally, in Section 3 of the same rule, there provided the grounds in issuance of a preliminary
injunction, to wit:

Section 3. 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, 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. (3a)3”

A common question that is asked pertaining to preliminary injunctions is:

May a court suspend the proceedings in the MeTC/MTC for Unlawful Detainer if a case questioning the
ownership of the property of the plaintiff in the MeTC was filed with the RTC?

Generally, the answer is in the negative. However, in cases of equity, the proceedings in the MeTC/MTC
may be suspended as enshrined in AMAGAN, et. al. v. MARAYAG, to wit:

“As a general rule, an ejectment suit cannot be abated or suspended by the mere filing before the
regional trial court (RTC) of another action raising ownership of the property as an issue. As an
exception, however, unlawful detainer actions may be suspended even on appeal, on considerations of
equity, such as when the demolition of petitioners' house would result from the enforcement of the
municipal circuit trial court (MCTC) judgment.”

References:
1Revised Rules of Court, Philippines.

2Id.

3Id.

4G.R. No. 138377. February 28, 2000.

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