BATAS PAMBANSA BLG. 224 - AN ACT
REGULATING THE ISSUANCE OF RESTRAINING ORDERS, AMENDING FOR THE PURPOSE
OF SECTION FIVE OF RULE FIFTY-EIGHT OF THE RULES OF COURT |
Section 1.Section five of rule fifty-eight of the Rules of Court in the
Philippines is hereby amended to read as follows: "Sec. 5.Preliminary injunction not granted without notice; issuance of
restraining order. – No preliminary injunction shall be granted without
notice to the defendant. If it shall appear from the facts shown by
affidavits or by the verified complaint that great or irreparable
injury would result to the applicant before the matter can be heard on
notice, the judge to whom the application for preliminary injunction
was made, may issue a restraining order to be effective only for a
period of twenty days from date of its issuance. Within the said
twenty-day period, the judge must cause an order to be served on the
defendant, 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. "Nothing herein contained shall be construed to impair, affect or modify in any way any rights granted by, or rules pertaining to injunctions contained in, existing agrarian, labor or social legislation." Sec. 2. Any provision of law, decree or resolution inconsistent with the provisions of this Act is hereby deemed repealed, superseded or modified accordingly. Sec. 3. This Act shall take effect upon its approval. Approved: April 16, 1982. (P.B. No. 293) |