RULE 65, SECTION 7 – Expediting proceedings; Injunctive relief

Section 7. Expediting proceedings; injunctive relief. — The court in which

the petition is filed may issue orders expediting the proceedings, and it may
also grant a temporary restraining order or a writ of preliminary injunction for
the preservation of the rights of the parties pending such proceedings. The
petition shall not interrupt the course of the principal case, unless a temporary
restraining order or a writ of preliminary injunction has been issued, enjoining
the public respondent from further proceeding with the case.

Section 7 has been amended by A.M. No. 07-7-12-SC, effective December 4,

2007, which now includes the following additional provision:

The public respondent shall proceed with the principal case within ten (10)
days from the filing of a petition for certiorari with a higher court or tribunal,
absent a temporary restraining order or a preliminary injunction, or upon its
expiration. Failure of the public respondent to proceed with the principal case
may be a ground for an administrative charge. (7a)

WHAT IS THE EFFECT OF THE FILING OF THE PETITION TO THE MAIN

CASE?
The petition shall not interrupt the course of the principal case.

Rationale:
A petition for certiorari is an original action and not a “continuation” of the
proceedings of the lower court. The petition is not concerned with the merits of
the case below.

CAN THE MAIN CASE BE SUSPENDED?

The main case can be suspended only when:
1. a temporary restraining order, or
2. a writ of preliminary injunction has been issued, enjoining the public
respondent from further proceeding with the case.

Another instance is when there is “Judicial Courtesy”.

WHAT IS JUDICIAL COURTESY?

It is the common practice of courts where out of respect and courtesy for the
higher court, the lower court will suspend all pending proceedings of the elevated
case as even without any restraining order.

Another explanation by the Supreme Court in the case of Eternal Gardens

Memorial Park vs. CA:
“[d]ue respect for the Supreme Court and practical and ethical considerations
should have prompted the appellate court to wait for the final determination of the
petition [for certiorari] before taking cognizance of the case and trying to render
moot exactly what was before this [C]ourt.

However, this excuse can no longer be used conveniently by lower courts upon
the amendment of Section 7.

NEW RULE: No TRO/WPI, the lower court should proceed with the main
case
This is because the lower court should proceed with the principal case within ten
(10) days from the filing of a petition for certiorari with a higher court or tribunal,
absent a temporary restraining order or a preliminary injunction, or upon its
expiration.

NON-COMPLIANCE WITH THE NEW RULE

Failure of the public respondent to proceed with the principal case may be a
ground for an administrative charge.

IS THE PROHIBITION ON THE USE OF JUDICIAL COURTESY ABSOLUTE?

No. As held in the case of Sara Lee vs. Macatlang, when there is “strong
probability that the issues before the higher court would be rendered moot and
moribund as a result of the continuation of the proceedings in the lower court”,
the lower court may suspend the proceedings in lieu of judicial courtesy.

However, take note, this is the exception to the rule. The prevailing rule is
still lower court should proceed with the principal case within ten (10)
days from the filing of a petition for certiorari with a higher court or
tribunal, absent a temporary restraining order or a preliminary injunction,
or upon its expiration. The case was just an exceptional case.

WHAT IS THE DUTY OF THE COURT WHERE THE PETITION IS FILED?

1. The court in which the petition is filed may issue orders expediting the
proceedings;
2. The court in which the petition is filed may also grant a temporary
restraining order or a writ of preliminary injunction for the preservation of
the rights of the parties pending such proceedings.
3. When the TRO/WPI is issued:
a. The trial court, the Court of Appeals, the Sandiganbayan or the
Court of Tax Appeals that issued a writ of preliminary injunction
against a lower court, board, officer, or quasi-judicial agency shall
decide the main case or petition within six (6) months from the
issuance of the writ.” (Brought about by the amendment).
4. When there is no TRO/WPI issued:
a. The public respondent shall proceed with the principal case within
ten (10) days from the filing of a petition for certiorari with a higher
court or tribunal, absent a temporary restraining order or a
preliminary injunction, or upon its expiration.