This document outlines the guidelines for when injunctions are proper or prohibited according to Philippine law. It provides details on the requisites for granting a writ of preliminary injunction, including that the invasion of rights must be material, the complainant's right must be clear, and an injunction is necessary to prevent serious damage. Exceptions allow for injunctions to maintain orderly law administration, avoid multiple cases, protect constitutional rights, or question the validity of statutes or ordinances.

1. 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 husband’s obligation to give support;
3. Against consummated acts;
4. Against disposing of the case on merits;
5. Writ of injunction is NOT proper to stop the execution of a judgement, where
the judgement was already executed;
6. The CFI has no power to issue a writ of injunction against the Register of
Deeds, if its effect is to render nugatory a writ of execution issued by the
NLRC.
Cases where injunction is prohibited:
1. Injunction against courts or tribunal of co-equal ranks;
2. Injunction orders involving labor cases;
3. No injunction beyond prayer in complaint;
4. To enjoin the prosecution of criminal proceedings.
EXCEPTIONS:
 For orderly administration of law;
 To avoid multiplicity of action;
 To afford adequate protection of constitutional rights;
 In proper cases because the statute relied upon is unconstitutional or was
held invalid;
 Where the constitutionality of the Chines Book Keeping Law
was questioned;
 Where the hearing of the libel case was enjoined by permanent injunction
after the Supreme Court in a separate case found the communication
alleged to be libellous as privilege and not libellous;
 Where traffic 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 unmistakable;
3. There is an urgent and paramount necessity for the writ to prevent serious
damage.
 Petition for preliminary Injunction or temporary restraining order must be
VERIFIED.
 BOND -unless exempted by court, a bond is exceuted;
-in the amount fixed by the court
-to pay for all damages which may be sustained by reason of the injunction or
TRO, if later the court finally decides that the applicant was NOT entitle
thereto.

2.  No preliminary Injunction shall be granted without hearing and prior notice to
the party or person sought to be enjoined.
o PERIOD: 20 days from service on party or person sought to be
enjoined.
o EXCEPT: court may issue ex parte TRO for a period of 72 hours when
based on the verified application or affidavit that GREAT or
IRREPRABLE INJURY would result before the matter can be heard on
notice. (72 hours will be included in the 20 day period)
 If TRO is issued by CA- effective for 60 days;
 If TRO is issued by SC-effective until further orders.
GROUNDS FOR DENIAL of application for injunction or TRO.
1. Upon showing of its insufficiency;
2. May be denied or (if already granted) dissolved, on other grounds upon
affidavit of the party or person enjoined;
3. If after hearing, it appears that even if the applicant is entitled to the
injunction or TRO, the issuance or continuance would cause IRREPARBLE
DAMAGE to the party or person enjoined.
Provided that:
 applicant can be fully compensated for the damages he may suffer, if
writ or TRO is not issued; and
 a bond is filed in the amount fixed by the court to answer for all
damages that will result from denial of injunction or writ.
Failure of service of copy of plaintiff’s bond on defendant not reversible
error. It is a formal defect.
Filling of counter bond does not necessarily warrant dissolution of the writ
of preliminary injunction.
When:
 bond is found to be insufficient in amount;
 surety or sureties fail to justify;
 bond although sufficient in amount and with sufficient sureties
approved, is NOT FILED.
Inferior courts may issue writs of preliminary injunction only in forcible
entry and unlawful detainer cases and grant of provisional remedies in
proper cases. (BP 129)
Procedure for claim of damages against bond shall follow the procedure
prescribed in section 20 Rule 57 of the Rules of Court.