Batas Pambansa Blg. 224, enacted on April 16, 1982, amends Section 5 of Rule Fifty-Eight of the Rules of Court in the Philippines regarding the issuance of restraining orders and preliminary injunctions. It stipulates that no preliminary injunction can be granted without notifying the defendant, but allows a judge to issue a temporary restraining order for up to twenty days if irreparable harm is demonstrated. During this period, the defendant must be served with an order to show cause why the injunction should not be granted. If the application for the preliminary injunction is denied, the restraining order automatically lapses. The law also clarifies that it does not affect existing rights or rules related to injunctions in agrarian, labor, or social legislation.
April 16, 1982
BATAS PAMBANSA BLG. 224
AN ACT REGULATING THE ISSUANCE OF RESTRAINING ORDERS, AMENDING FOR THE PURPOSE, SECTION FIVE OF RULE FIFTY-EIGHT OF THE RULES OF COURT
SECTION 1. Section five of Rule fifty-eight of the Rules of Court in the Philippines is hereby amended to read as follows:
"SEC. 5. Preliminary injunction not granted without notice; issuance of restraining order. — No preliminary injunction shall be granted without notice to the defendant. If it shall appear from the facts shown by affidavits or by the verified complaint that great or irreparable injury would result to the applicant before the matter can be heard on notice, the judge to whom the application for preliminary injunction was made, may issue a restraining order to be effective only for a period of twenty days from date of its issuance. Within the said twenty-day period, the judge must cause an order to be served on the defendant, requiring him to show cause, at a specified time and place, why the injunction should not be granted, and determine within the same period whether or not the preliminary injunction shall be granted, and shall accordingly issue the corresponding order. In the event that the application for preliminary injunction is denied, the restraining order is deemed automatically vacated.
"Nothing herein contained shall be construed to impair, affect or modify in any way any rights granted by, or rules pertaining to injunctions contained in, existing agrarian, labor or social legislation."
SECTION 2. Any provision of law, decree or resolution inconsistent with the provisions of this Act is hereby deemed repealed, superseded or modified accordingly.
SECTION 3. This Act shall take effect upon its approval.
Approved: April 16, 1982
Published in the Official Gazette, Vol. 79 No. 4 Page 530 on January 24, 1983.