An injunction or restraining order must be obeyed while it remains in full force and effect. Cnn's christopher a. Manay argues that the injunction must be complied with irrespective of ultimate validity of the order. He says the effect of invalidity shall in no way apply to persons who do not have notice.
An injunction or restraining order must be obeyed while it remains in full force and effect. Cnn's christopher a. Manay argues that the injunction must be complied with irrespective of ultimate validity of the order. He says the effect of invalidity shall in no way apply to persons who do not have notice.
An injunction or restraining order must be obeyed while it remains in full force and effect. Cnn's christopher a. Manay argues that the injunction must be complied with irrespective of ultimate validity of the order. He says the effect of invalidity shall in no way apply to persons who do not have notice.
AIR MATERIEL WING SAVINGS AND LOAN ASSOCIATION, INC v. Manay
G.R. No. 175338, October 9, 2007 An injunction or restraining order must be obeyed while it remains in full force and effect until the injunction or restraining order has been set aside, vacated, or modified by the court which granted it, or until the order or decree awarding it has been reversed on appeal. The injunction must be obeyed irrespective of the ultimate validity of the order, and no matter how unreasonable and unjust the injunction may be in its terms. As correctly claimed by the petitioners, we declared in the early case of Auyong Hian v. Court of Tax Appeals] that a restraining order, like an injunction, operates upon a person. It is granted in the exercise of equity jurisdiction and has no in rem effect to invalidate an act done in contempt of an order of the court except where by statutory authorization, the decree is so framed as to act in rem on property. However, in the same case, we also held that the act is ordinarily valid and legally effective, except as to the person who obtained the injunction and those claiming under him, and as to them, the act is valid unless and until they attack it in a proper manner. Stated in another way, transfers and contracts, or agreements in violation of injunction are invalid as to the complainant or those claiming under him and may be set aside except as against innocent third persons or when it appears on final hearing that there was no ground for granting injunction.[40] Clearly, there is no proscription to invalidating the act, but only with respect to the parties. The effect of invalidity shall in no way apply to persons who do not have notice of the existence and enforcement of the injunction/restraining order.