Rules of Procedure - Part V - Rule 30

Sec. 1. Preliminary injunction

Sec. 2. Grounds for issuance of preliminary injunction

Sec. 3. Grant of injunction discretionary

Sec. 4. Bond for preliminary injunction

Sec. 5. Preliminary injunciton not granted without notice; issunace of restraining order

Section 1. Preliminary Injunction. - The Commission or any of its Divisions may grant preliminary injunction in any ordinary action, special action, special case, or special relief pending before it.

Sec. 2. Grounds for Issuance of Preliminary Injunction. - A preliminary injunction may be granted at any time after the commencement of an action or proceeding and before judgment when it is established that:

1. The petitioner or protestant is entitled to the relief demanded and the whole or part of such relief consists in restraining the commission or continuance of the acts complained of, or in the performance of an act or acts, either for a limited period or perpetually; asia dc


2. The commission or continuance of some act complained of during the pendency of the action or the non-performance thereof would work injustice to the petitioner or protestant;


3. The respondent or protestee is doing, threatens, or is about to do, or is procuring to be done, some act in violation of petitioner's/protestant's rights respecting the subject of the action, and tending to render the judgment ineffectual.

Sec. 3. Grant of Injunction Discretionary. - The grant of the preliminary injunction is entirely left to the sound discretion of the Commission or its Divisions.

Sec. 4. Bond for Preliminary Injunction. - No writ of preliminary injunction shall be issued unless the applicant shall file a bond, in an amount to be fixed by the Commission or the Division concerned, to the effect that the petitioner/protestant will pay to such party all damages which the latter may sustain by reason of the injunction if the Commission or the Division concerned shall finally decide that the petitioner/protestant was not entitled thereto.

Sec. 5. Preliminary Injunction Not Granted Without Notice; Issuance of Restraining Order. - No preliminary injunction shall be granted without notice to the adverse party. If it shall appear from the facts shown by affidavits or the verified petition that great or irreparable injury would result to the applicant before the matter can be heard on notice, the Commission or any Division to which the application for preliminary injunction was made, may issue a restraining order to be effective only for a period of twenty (20) days from date of its issuance. Within the said twenty-day period, the Commission or the Division as the case may be, must cause an order to be served on the respondent 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.