Cases where Injunction was held improper:

1. To restrain collection of taxes. Except where there are special circumstances

that bear the existence of irreparable injury;
2. To restrain sale of conjugal property where the claim can be annotated on the
title as a lien such as the husbands obligation to give support;
. !gainst consummated acts;
". !gainst disposing of the case on merits;
#. $rit of injunction is %&T proper to stop the execution of a judgement' where
the judgement was already executed;
(. The )*+ has no power to issue a writ of injunction against the ,egister of
-eeds' if its e.ect is to render nugatory a writ of execution issued by the
%/,).
Cases where injunction is prohibited:
1. +njunction against courts or tribunal of co0e1ual ran2s;
2. +njunction orders involving labor cases;
. %o injunction beyond prayer in complaint;
". To enjoin the prosecution of criminal proceedings.
E3)E4T+&%56
*or orderly administration of law;
To avoid multiplicity of action;
To a.ord ade1uate protection of constitutional rights;
+n proper cases because the statute relied upon is unconstitutional or was
held invalid;
$here the constitutionality of the )hines 7oo2 8eeping /aw
was 1uestioned;
$here the hearing of the libel case was enjoined by permanent injunction
after the 5upreme )ourt in a separate case found the communication
alleged to be libellous as privilege and not libellous;
$here tra9c ordinance was found to be invalid.
REQUISITES for the grant of the writ of preliminary injunction:
1. The invasion of the right is material or substantial;
2. The right of complainant is clear and unmista2able;
. There is an urgent and paramount necessity for the writ to prevent serious
damage.
4etition for preliminary +njunction or temporary restraining order must be
:E,+*+E-.
7&%- 0unless exempted by court' a bond is exceuted;
0in the amount ;xed by the court
0to pay for all damages which may be sustained by reason of the injunction or
T,&' if later the court ;nally decides that the applicant was %&T entitle
thereto.
%o preliminary +njunction shall be granted without hearing and prior notice to
the party or person sought to be enjoined.
o 4E,+&-6 2< days from service on party or person sought to be
enjoined.
o E3)E4T6 court may issue ex parte T,& for a period of =2 hours when
based on the veri;ed application or a9davit that >,E!T or
+,,E4,!7/E +%?@,A would result before the matter can be heard on
notice. B=2 hours will be included in the 2< day periodC
+f T,& is issued by )!0 e.ective for (< days;
+f T,& is issued by 5)0e.ective until further orders.
R!U"#S $!R #E"I%& of application for injunction or TR!'
1. @pon showing of its insu9ciency;
2. Day be denied or Bif already grantedC dissolved' on other grounds upon
a9davit of the party or person enjoined;
. +f after hearing' it appears that even if the applicant is entitled to the
injunction or T,&' the issuance or continuance would cause +,,E4!,7/E
-!D!>E to the party or person enjoined.
4rovided that6
applicant can be fully compensated for the damages he may su.er' if
writ or T,& is not issued; and
a bond is ;led in the amount ;xed by the court to answer for all
damages that will result from denial of injunction or writ.
$ailure of ser(ice of copy of plainti)*s bond on defendant not re(ersible
error' It is a formal defect'
$illing of counter bond does not necessarily warrant dissolution of the writ
of preliminary injunction'
$hen6
bond is found to be insu9cient in amount;
surety or sureties fail to justify;
bond although su9cient in amount and with su9cient sureties
approved' is %&T *+/E-.
Inferior courts may issue writs of preliminary injunction only in forcible
entry and unlawful detainer cases and grant of pro(isional remedies in
proper cases' +,- ./01
-rocedure for claim of damages against bond shall follow the procedure
prescribed in section /2 Rule 34 of the Rules of Court'