Professional Documents
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Preliminary Injunction
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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.
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or Prohibitory
Mandatory
Kinds of Injunction
Preliminary
Injunction
Final Injunction
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Grounds
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
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Grounds
c)
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preliminary
injunction
or
temporary restraining order may
be granted only when:
a)
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Verified
b)
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Verified
c)
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Verified
c)
.
However, where the summons
could not be served personally
or by substituted service despite
diligent efforts, or the adverse
party is a resident of the
Philippines temporarily absent
therefrom or is a nonresident
thereof, the requirement of prior
or contemporaneous service of
summons shall not apply.
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Verified
d)
Classes of Preliminary
Injunction:
Preventive
or
Prohibitory
Mandatory
Purpose
Illegal act
Status quo
Preserved
Restored
Status Quo
Ante
Meaning of
in the state in the way things
Latin phrase
which
were before
Legal definition the
existing the state of
state of affairs affairs
that
existed
previously
Scope
Incorporates
the term
status quo
Application
Act to be done
Status Quo
Ante
restores
a
specific
condition to the
state
it
previously
existed prior to
the issuance of
an
assailed
order or action
retroactive
"undoes"
an
act and brings
back
the
TRO
TRO
prevents
the
implementation
of a particular
order, directive,
or action
prospective
prevents
an
impending act
to be done