Submission of Copies of Temporary Restraining Orders, Status Quo Ante Orders and Writs of Preliminary Injunction

February 18, 2020

SUPREME COURT ADMINISTRATIVE ORDER NO. 63-2020

 

Under OCA Circular No. 246-2018, the submission of reports on Temporary Restraining Orders (TROs) and Writs of Preliminary Injunction (WPIs) was discontinued because of its incorporation in the monthly report of cases. However, the monthly reports do not reflect the qualitative details of the TROs and WPIs.

Accordingly, for a more effective monitoring of the issuance of TROs, Status Quo Ante Orders (SQAs) and WPIs, all Justices of the third level courts and Judges of the second and first level courts are hereby REQUIRED to submit to the Office of the Chief Justice, copy furnished the Office of the Court Administrator, on or before 6 March 2020, copies of all TROs, SQAs and WPIs they issued from 2 January 2019 until 28 February 2020.

Thereafter, beginning 1 March 2020, all Justices of the third level courts and Judges of the second and first level courts are REQUIRED to submit to the Office of the Chief Justice, copy furnished the Office of the Court Administrator, copies of all TROs, SQAs and WPIs they issued, within 5 days from such issuance.

The copies of the TROs, SQAs and WPIs shall be accompanied by a cover letter indicating the following details:

(a) case number;

(b) case title;

(c) nature of the case;

(d) date of filing of the complaint or relevant motion;

(e) date the TRO or SQA was issued;

(f) date the WPI was issued, if any;

(g) status of the TRO, SQA or WPI; and

(h) status of the case.

The required copies together with their cover letters shall be emailed to:

[email protected]

AND mailed through the regular postal service to:

Office of the Chief Justice

Copy furnished:

Office of the Court Administrator

All concerned Justices and Judges are reminded that "[i]njunction is an extraordinary remedy to be resorted to when there is a pressing necessity to avoid injurious consequences that cannot be remedied under any standard compensation. A court may issue an injunction only if it is fully convinced of its extreme necessity and after it has complied with the procedural requirements set by law." 1 Further, "[e]very court should remember that an injunction should not be granted lightly or precipitately because it is a limitation upon the freedom of the defendant's action. It should be granted only when the court is fully satisfied that the law permits it and the emergency demands it, for no power exists whose exercise is more delicate, which requires greater caution and deliberation, or is more dangerous in a doubtful case, than the issuance of an injunction." 2

For strict compliance. aDSIHc

(SGD.) DIOSDADO M. PERALTAChief Justice

Footnotes

1. Fortune Life Insurance Co., Inc. v. Luczon, Jr., 538 PHIL. 561-570 (2006).

2. Bank of the Philippine Islands v. Hontanosas, Jr., 737 PHIL. 38-60 (2014).