Supreme Court Circular No. 068-94 emphasizes the strict adherence to Section 1 of Presidential Decree 1818, which prohibits courts in the Philippines from issuing temporary restraining orders or injunctions related to government infrastructure projects and public utilities. Despite previous circulars, reports indicate some courts continue to violate this mandate. The circular reinforces that such legal actions obstruct the execution of government projects and must be avoided. Clerks of Court are instructed to report any restraining orders or injunctions against government entities to ensure compliance.
November 3, 1994
SUPREME COURT CIRCULAR NO. 068-94
TO | : | Judges of the Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari'a Circuit Courts |
SUBJECT | : | Strict Observance of Section 1 of P.D. 1818 Envisioned by Circular No. 13-93 dated March 5, 1993 and Circular No. 20-92 dated March 24, 1992 |
There have been reports that despite Circular 13-93, dated March 5, 1993, some courts are still issuing temporary restraining orders and/or preliminary injunctions even in cases, disputes, or controversies involving government infrastructure projects in violation of Sec. 1 of P.D. 1818, which provides: aEAIDH
"Section 1. No court in the Philippines shall have jurisdiction to issue any restraining order, preliminary injunction, or preliminary mandatory injunction in any case, dispute, or controversy involving an infrastructure project, or a mining, fishery, forest, or other natural resource development project of the government, or any public utility operated by the government, including among others public utilities for the transport of the goods or commodities, stevedoring and arrastre contracts, to prohibit any person or persons, entity or government officials from proceeding with, or continuing the execution or implementation of any such project, or the operation of such public utility, or pursuing any lawful activity necessary for such execution, implementation or operation."
In order to obviate complaints against the indiscriminate issuance of restraining orders and court injunctions against government public utilities and infrastructure project in gross violation of the aforesaid Presidential Decree, the provision of Circular No. 13-93 issued on March 5, 1993 is hereby reiterated for your strict compliance.
All Clerks of Court are hereby directed to immediately furnish this Office copies of any restraining order(s) and/or writ(s) of injunction against government corporations and public utility firms.
For strict compliance.
(SGD.) REYNALDO L. SUAREZOfficer-in-Charge