72-Hour TRO, 20-Day TRO, Preliminary and Final Injunction Distinguished

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Nature Purpose Grounds/Requisites Procedure

72-hour TRO An order granted at any Preserve status quo until Same grounds and
1. Verified complaint and
stage of an action, prior to the hearing for the requisites as that of bond is filed
the judgment, requiring a application for a writ of Preliminary Injunction but
2. The Presiding Judge
party, court, agency or preliminary injunction the matter is of extremebefore whom the case is
person to perform or urgency pending shall conduct a
refrain from performing a summary hearing to
particular act and notice to determine whether the
the same would cause TRO shall be extended
great or irreparable injury until application for
and the matter is of preliminary injunction can
extreme urgency. be heard.
3. Issuance of TRO ex-
parte.
4. Summons to theparty to
be enjoined within the
next 72 hours.
20-day TRO An order granted at any Preserve status quo until Same grounds and 1. Verified complaint and
stage of an action, prior to the hearing for the requisites as that of bond is filed
the judgment, requiring a application for a writ of Preliminary Injunction but 2. Notice shall then be
party, court, agency or preliminary injunction the facts of the affidavits or served
person to perform or verified application shows to the party sought to be
refrain from performing a that great or irreparable enjoined. There
particular act and the injury would result before must be prior and
same would cause great or the matter can be heard on contemporaneous
irreparable injury before notice service of summons
the matter can be heard 3. Summary hearing on the
on notice application of
the TRO within 24 hours
after sheriff’s
return of service and/or
records are
received by the branch
selected by
raffle.
4. Issuance of 20-day TRO
Preliminary Injunction An order granted at any - To preserve and Grounds: 1. Verified Application
stage of an action, prior to protect certain 2. Posting of Bond, unless
the judgment, requiring a rights and - Applicant entitled exempted
party, court, agency or interests during to the relief 3. Notice by Summons
person to perform or the pendency of demanded; 4. Hearing
refrain from performing a an action. - Commission, 5. Issuance of Preliminary
particular act - To preserve the continuance or Injunction
status quo until non-performance
the merits of the of the acts
case can be heard complained would
fully. cause injustice; or
- Party etc., is doing,
attempting or
threatening to act
in violation of the
rights of the
applicant.

Requisites:

- Clear and
unmistakable right/
right in esse.
- Material and
substantial invasion
of rights;
- Urgent need
because of
irreparable injury;
and
- No other ordinary,
speedy, and
adequate remedy
- Verified application

Final Injunction An order granted at any Granted in order to After trial and it appears 1. Verified Application
stage of an action, prior to permanently enjoined the that the applicant is 2. Posting of Bond, unless
the judgment, requiring a complained acts. entitled to have the act or exempted
party, court, agency or acts complained of 3. Notice by Summons
person to perform or permanently and in 4. Hearing
refrain from performing a perpetuity. 5. Issuance of Preliminary
particular act permanently Injunction
and in perpetuity. 6. Determination that
applicant is entitled to
have the acts complained
of enjoined permanently.
7. Grant of final injunction.

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