SECOND DIVISION
G.R. No. 182944, November 09, 2016
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), REPRESENTED BY SEC. HERMOGENES E. EBDANE, JR, AND METROPOLITAN MANILA DEVELOPMENT AUTHORITY, REPRESENTED BY CHAIRMAN BAYANI F. FERNANDO, Petitioners, v. CITY ADVERTISING VENTURES CORPORATION, REPRESENTED BY DEXTER Y. LIM, Respondent.
D E C I S I O N
LEONEN, J.:
For a writ of preliminary injunction to be issued, the applicant must show, by prima facie evidence, an existing right before trial, a material and substantial invasion of this right, and that a writ of preliminary injunction is necessary to prevent irreparable injury.
This resolves a Petition for Review on Certiorari1 praying that the assailed December 3, 20072 and May 14, 20083 Resolutions of the Court of Appeals in CA G.R. SP No. 101420 be set aside; and that Branch 66 of the Regional Trial Court of Makati City be prohibited from conducting further proceedings in Civil Case No. 06-899.4 The Petition also prays that the Regional Trial Court be ordered to dismiss Civil Case No. 06-899.5
The Court of Appeals' December 3, 2007 Resolution denied petitioners Department of Public Works and Highways and the Metropolitan Manila Development Authority's Petition for Certiorari and Prohibition,6 which sought to annul the Regional Trial Court's November 21, 20067 and April 11, 20078 Orders in Civil Case No. 06-899. The Court of Appeals' May 14, 2008 Resolution denied the Motion for Reconsideration of the Department of Public Works and Highways and the Metropolitan Manila Development Authority.9
The Regional Trial Court's November 21, 2006 Order granted City Advertising Ventures Corporation's prayer for the issuance of a writ of preliminary injunction in its Complaint for "Violation of [Administrative Order No.] 160, Tort, [and] Injunction,"10 which was docketed as Civil Case No. 06-899. The April 11, 2007 Order of the Regional Trial Court denied the Department of Public Works and Highways and the Metropolitan Manila Development Authority's Omnibus Motion,11 which sought reconsideration of its November 21, 2006 Order.
Respondent City Advertising Ventures Corporation is a company engaged in the advertising business, such as putting up banners and signages within Metro Manila.12
On December 28, 2005, City Advertising Ventures Corporation entered into a lease agreement with the MERALCO Financing Services Corporation13 for the use of 5,000 of Manila Electric Company's (MERALCO) lampposts to display advertising banners.14 Under this contract, City Advertising Ventures Corporation obtained sign permits from Quezon City's Department of Engineering, Office of the Building Official, Signboard Permit Section.15 It obtained similar permits for the cities of Pasay and Makati.16 City Advertising Ventures Corporation likewise obtained permits for setting up pedestrian overpass banners in Quezon City.17
When Typhoon Milenyo hit in September 2006, several billboards in Metro Manila were blown by strong winds and fell. In its wake, Former President Gloria Macapagal-Arroyo, through Executive Secretary Eduardo R. Ermita, issued Administrative Order No. 16018 dated October 4, 2006 "[d]irecting the Department of Public Works and Highways to conduct field investigations, evaluations and assessments of all billboards and determine those that are hazardous and pose imminent danger to life, health, safety and property of the general public and to abate and dismantle the same."19 Six (6) days later, on October 10, 2006, Administrative Order No. 160-A20 was issued, supplementing Administrative Order No. 160 and "[s]pecifying the legal grounds and procedures for the prohibition and abatement of billboards and signboards constituting public nuisance or other violations of law."21
Section 1 of Administrative Order No. 160 laid out instructions to the Department of Public Works and Highways, as follows:
SECTION 1. Tasks of the DPWH. The DPWH is hereby tasked to:chanroblesvirtuallawlibrary
1.1. Conduct field inspection and determine (a) billboards posing imminent danger or threat to the life, health, safety and property of the public; (b) billboards violating applicable laws, rules and regulations; (c) billboards constructed within the easement of road right-of-way; and (d) billboards constructed without the necessary permit. Priority shall be given to billboards located along major roads in Metro Manila and other cities and other national highways and major thoroughfares, as determined by DPWH;
1.2. Upon evaluation and assessment, issue a certification as to those billboards found to be hazardous and violative of existing standards prescribed by the National Building Code, Structural Code of the Philippines and other related legal issuances furnishing copy [sic] of the certification to the LGUs concerned which have jurisdiction over the location of the billboards;
1.3. Abate and dismantle those billboards, commercial or non-commercial, constructed on private or public properties found to be falling under any and all grounds enumerated in paragraph 1.1. above;
1.4. Submit a detailed written report to the Department of Justice (DOJ) to serve as basis for the possible filing of appropriate civil or criminal cases;
1.5. Call upon the Philippine National Police (PNP) to provide assistance in the dismantling of billboards and other off-site signs declared as covered under paragraph 1.1. above.22
SECTION 2. Assistance by MMDA and LGUs. The Metropolitan Manila Development Authority (MMDA) and/or the concerned LGUs are hereby directed to give full support and assistance to the DPWH for the immediate inspection, assessment and abatement of billboards found to be hazardous and violative of the National Building Code, Structural Code of the Philippines and other related issuances.23chanroblesvirtuallawlibrary
SECTION 4. Remedies Against Public Nuisance. Pursuant to Article 699 of the Civil Code, in relation to AO No. 160, dated October 4, 2006, the Department of Public Works and Highways (DPWH), through its Secretary, with the help of the Metropolitan Manila Development Authority (MMDA), and the various local government units (LGUs), through the local Building Officials, shall take care that one or all of the following remedies against public nuisances are availed of:chanroblesvirtuallawlibrary
(a) A prosecution under the Revised Penal Code or any local ordinance; or (b) A civil action; or (c) Abatement, without judicial proceedings, if the local Building Official determines that this is the best remedy under the circumstances.27
Such being the case, the Court is left with no recourse but to GRANT the Temporary Restraining Order from [sic] a period of twenty (20) days from today.chanroblesvirtuallawlibrary
ACCORDINGLY, the defendants are hereby restrained from further removing, dismantling, and confiscating any of plaintiff's lamppost and pedestrian overpass banners.
In the meantime, let the hearing on the plaintiff's application for Writ of Preliminary Injunction [be set] on November 8, 2006 at 2:00 p.m.
Let a copy of this order be served upon the defendants at the expense of the plaintiff through the Process Server of this Court.
SO ORDERED.39
Wherefore, plaintiff's prayer for the issuance of a writ or preliminary injunction is granted. Accordingly, let a writ of injunction issue upon the filing by the plaintiff of a bond in the amount of PESOS ONE HUNDRED THOUSAND (P100,000.00) executed to the defendants to the effect that the plaintiff will pay all damages defendants may suffer by reason of this injunction should the Court finally decide that the plaintiff is not entitled thereto. The defendants, their agents and representatives are hereby ordered to cease and desist from further removing, dismantling and confiscating any of plaintiff's lamppost and pedestrian overpass banners.chanroblesvirtuallawlibrary
Let the hearing on the main case be set on January 23, 2006 [sic] at 8:30 in the morning.
SO ORDERED.41
[T]he remedy of certiorari under Rule 65 is not a component of the appeal process. It is an original and independent action that is not a part of the trial which resulted in the rendition of the judgment complained of. In contrast, the exercise of our appellate jurisdiction refers to a process which is but a continuation of the original suit.54chanroblesvirtuallawlibrary
As a rule, no question will be entertained on appeal unless it has been raised in the court below. Points of law, theories, issues and arguments not brought to the attention of the lower court need not be, and ordinarily will not be, considered by a reviewing court, as they cannot be raised for the first time at that late stage. Basic considerations of due process impel this rule.55chanroblesvirtuallawlibrary
By grave abuse of discretion is meant capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. Mere abuse of discretion is not enough. It must be grave abuse of discretion as when the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and must be so patent and so gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.60chanroblesvirtuallawlibrary
[P]revent threatened or continuous irremediable injury to some of the parties before their claims can be thoroughly studied and adjudicated. Its sole aim is to preserve the status quo until the merits of the case can be heard fully[.] Thus, it will be issued only upon a showing of a clear and unmistakable right that is violated. Moreover, an urgent necessity for its issuance must be shown by the applicant.61 (Emphasis supplied)cralawlawlibrary
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Section 3. Grounds for issuance of preliminary injunction. — A preliminary injunction may be granted when it is established:
(a) That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts either for a limited period or perpetually; (b) That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or (c) That a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectual.
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(1) the applicant must have a clear and unmistakable right, that is a right in esse; (2) there is a material and substantial invasion of such right; (3) there is an urgent need for the writ to prevent irreparable injury to the applicant; and (4) no other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable injury.63 (Emphasis in the original)
It is crystal clear that at the hearing for the issuance of a writ of preliminary injunction, mere prima facie evidence is needed to establish the applicant's rights or interests in the subject matter of the main action. It is not required that the applicant should conclusively show that there was a violation of his rights as this issue will still be fully litigated in the main case. Thus, an applicant for a writ is required only to show that he has an ostensible right to the final relief prayed for in his complaint.64 (Emphasis supplied)chanroblesvirtuallawlibrary
The plaintiff praying for a writ of preliminary injunction must further establish that he or she has a present and unmistakable right to be protected; that the facts against which injunction is directed violate such right; and there is a special and paramount necessity for the writ to prevent serious damages. In the absence of proof of a legal right and the injury sustained by the plaintiff, an order for the issuance of a writ of preliminary injunction will be nullified. Thus, where the plaintiff's right is doubtful or disputed, a preliminary injunction is not proper. The possibility of irreparable damage without proof of an actual existing right is not a ground for a preliminary injunction.chanroblesvirtuallawlibrary
However, to establish the essential requisites for a preliminary injunction, the evidence to be submitted by the plaintiff need not be conclusive and complete. The plaintiffs are only required to show that they have an ostensible right to the final relief prayed for in their complaint. A writ of preliminary injunction is generally based solely on initial or incomplete evidence. Such evidence need only be a sampling intended merely to give the court an evidence of justification for a preliminary injunction pending the decision on the merits of the case, and is not conclusive of the principal action which has yet to be decided.66
Section 13. The MMDA, thru the Chairman or his duly authorized representative, shall be the approving authority in the issuance of clearance in the installation of billboards/signboards and advertising signs along major thoroughfares of Metro Manila. Upon securing clearance from the MMDA, a permit from the Local Government Unit must be secured. (The list of major thoroughfares is hereto attached as Appendix A of this Regulation).chanroblesvirtuallawlibrary
The City/Municipal Mayor or his duly authorized representative shall be the approving authority in the issuance of permit for the installation/posting billboards/signboards and advertising signs along local roads and private properties of Metro Manila.
It bears stressing that the lifeblood of a business rests on effective advertising strategies. One of which is the posting of billboards and signages at strategic places. The manner of posting may be regulated by the government but must comply with certain requirements, and should not result in taking of property without due process or in wanton disregard of existing laws. It stands to reason that [petitioners] are not vested with blanket authority to confiscate billboards without warning and in violation of existing laws.82
(a) A prosecution under the Revised Penal Code or any local ordinance; orchanroblesvirtuallawlibrary
(b) A civil action; or
(c) Abatement, without judicial proceedings, if the local Building Official determines that this is the best remedy under the circumstances.85
So far, no evidence has been presented by the [petitioners] to the satisfaction of this Court that they had strictly observed the procedure laid down by Administrative Order No. 160 and prescribed by law for the abatement of billboards and signboards found to have been a public nuisance before carrying their tasks of dismantling the banners and other temporary signages belonging to [respondent].87chanroblesvirtuallawlibrary
The Court finds that the continuous removal and destruction of [respondent's] billboards without due notice and without following the procedure provided under the law. No price can be placed on the deprivation of a person's right to his property without due process of law.chanroblesvirtuallawlibrary
The New Civil Code provides for remedies against a public nuisance which [respondent's] billboards are classified by [petitioners].
Article 699 of the New Civil Code provides that a public nuisance [may be] prosecuted under the penal code or any local ordinance, by civil action or by abatement. The district health officer if required to determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance. Any private person may abate a public nuisance which is specially injurious to him by removing or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. But it is necessary: (1) That demand be first made upon the owner or possessor of the property to abate the nuisance; (2) That such demand has been rejected; (3) That the abatement be approved by the district health officer and executed with the assistance of the local police[; and] (4) That the value of the destruction does not exceed three thousand pesos.
However, as found by the Court in the Order granting the temporary restraining order, no evidence was presented by [petitioners] to prove that they had strictly observed the procedure laid down by Administrative Order No. 160 or the provisions of the New Civil Code on abatement of public nuisance.89
The Court maintains [that] there is no justifiable reason to dissolve the issued preliminary injunction. The fact remains that [petitioners] disregarded the minimum requirements of due process under Administrative Order [No.] 160 when they dismantled [respondent's] banners duly licensed by the local government concerned and covered by a legitimate agreement with MERALCO. No proof was shown by [petitioners] that they had complied with the requirements of [Administrative Order No.] 160 particularly as to the evaluation and certification process prior to the dismantling, or to the creation of a task force, or at least a finding that said banners or [respondent] are nuisances or hazardous. Worse, they jumped right into abatement, skipping initial investigatory stages and the all-important feature that id due process.91chanroblesvirtuallawlibrary
Sec. 3. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Injunctions and Preliminary Mandatory Injunctions. - No court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity, whether public or private, acting under the government's direction, to restrain, prohibit or compel the following acts:chanroblesvirtuallawlibrarychanroblesvirtuallawlibrary
(a) Acquisition, clearance and development of the right-of-way and/or site or location of any national government project; (b) Bidding or awarding of contract/project of the national government as defined under Section 2 hereof; (c) Commencement, prosecution, execution, implementation, operation of any such contract or project; (d) Termination or rescission of any such contract/project; and (e) The undertaking or authorization of any other lawful activity necessary for such contract/project.
This prohibition shall apply in all cases, disputes or controversies instituted by a private party, including but not limited to cases filed by bidders or those claiming to have rights through such bidders involving such contract/project. This prohibition shall not apply when the matter is of extreme urgency involving a constitutional issue, such that unless a temporary restraining order is issued, grave injustice and irreparable injury will arise. The applicant shall file a bond, in an amount to be fixed by the court, which bond shall accrue in favor of the government if the court should finally decide that the applicant was not entitled to the relief sought.
If after due hearing the court finds that the award of the contract is null and void, the court may, if appropriate under the circumstances, award the contract to the qualified and winning bidder or order a rebidding of the same, without prejudice to any liability that the guilty party may incur under existing laws.
Endnotes:
1Rollo, pp. 23-68. The Petition was filed under Rule 45 of the 1997 Rules of Civil Procedure.
2 Id. at 73-74. The Resolution was penned by Associate Justice Apolinario D. Bruselas, Jr., and concurred in by Associate Justices Bienvenido L. Reyes (now Associate Justice of this Court) and Fernanda Lampas-Peralta of the Special Tenth Division, Court of Appeals, Manila.
3 Id. at 76-77. The Resolution was penned by Associate Justice Apolinario D. Bruselas, Jr., and concurred in by Associate Justices Bienvenido L. Reyes (now Associate Justice of this Court) and Fernanda Lampas-Peralta of the Former Special Tenth Division, Court of Appeals, Manila.
4 Id. at 66.
5 Id.
6 Id. at 290-337.
7 Id. at 227-228.
8 Id. at 288-289.
9 Id. at 76-77.
10 Id. at 95-106. The Complaint was with a prayer for temporary restraining order, preliminary injunction, and preliminary mandatory injuction.
11 Id. at 229-279.
12 Id. at 220.
13 Id. "[T]he sole Meralco-authorized marketing and managing firm for meralco-owned streetlight posts constructed and standing on various locations in different streets and municipalities in the Philippines."
14 Id. at 221.
15 Id. at 96 and 221. Annexes "A" to "M" of respondent's Complaint.
16 Id. at 223.
17 Id. at 96. Annexes "N" to "HH" of respondent's Complaint.
18 Id. at 86-89.
19 Id. at 86.
20 Id.at 91-93.
21 Id. at 91.
22 Id. at 87.
23 Id.
24 CIVIL CODE, art. 694 provides:Article 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which:25cralawred CIVIL CODE, art. 695 provides:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
(5) Hinders or impairs the use of property.
Article 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals maybe unequal. A private nuisance is one that is not included in the foregoing definition.
26 CIVIL CODE, art. 699 provides:Article 699. The remedies against a public nuisance are:27Rollo, pp. 92-93.
(1) A prosecution under the Penal Code or any local ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings.
28 Id. at 99.
29 Id.
30 Id. at 95-106.
31 Id. at 99-100.
32 Id. at 101.
33 CIVIL CODE, art. 19 provides:Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.34 CIVIL CODE, art. 20 provides:Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.35 CIVIL CODE, art. 21 provides:Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.36 Civil Code, art. 32 provides:Article 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:cralawlawlibrary
....
(2) Freedom of speech;
....
(6) The right against deprivation of property without due process of law;
....
(8) The right to the equal protection of the laws;
In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.
37Rollo, p. 102.
38 Id. at 220-225. The Order was penned by Judge Reynaldo M. Laigo.
39 Id. at 225.
40 Id. at 227-228. The Order was penned by Judge Joselito Villarosa.
41 Id. at 228.
42 Id. at 23-67.
43 Id. at 229-279.
44 Id. at 249.
45 Id. at 288-289.
46 Id. at 290-337.
47 Id. at 73-74.
48 Id. at 76-77.
49 Id. at 23-68.
50 Id. at 376-391.
51 Id. at 406-432.
52 Id. at 349-351.
53 417 Phil. 378 (2001) [Per J. De Leon, Jr., Second Division].
54 Id. at 393, citing Dando v. Fraser, G.R. No. 102013, October 8, 1993, 227 SCRA 126, 134 [Per J. Quiason, First Division] and Morales v. Court of Appeals, 340 Phil. 397, 416 (1997) [Per J. Davide, Jr., Third Division]. Del Rosario v. Bonga, 402 Phil. 949, 960 (2001) [Per J. Panganiban, Third Division] recognized exceptions: "Indeed, there are exceptions to the aforecited rule that no question may be raised for the first time on appeal. Though not raised below, the issue of lack of jurisdiction over the subject matter may be considered by the reviewing court, as it may be raised at any stage. The said court may also consider an issue not properly raised during trial when there is plain error. Likewise, it may entertain such arguments when there are jurisprudential developments affecting the issues, or when the issues raised present a matter of public policy" (Citations omitted).
55Del Rosario v. Bonga, 402 Phil. 949, 957-958 (2001) [Per J. Panganiban, Third Division], citing Keng Hua v. Court of Appeals, 349 Phil. 925, 937 (1998) [Per J. Panganiban, First Division]; Arcelona v. Court of Appeals, 345 Phil. 250, 275-276 (1997) [Per J. Panganiban, Third Division]; Mendoza v. Court of Appeals, 340 Phil. 364 (1997) [Per J. Panganiban, Third Division]; Remman Enterprises, Inc., v. Court of Appeals, 335 Phil. 1150, 1162 (1997) [Per J. Panganiban, Third Division], and RULES OF COURT, Rule 44, sec. 15.
56Odango v. National Labor Relations Commission, GR. No. 147420, June 10, 2004, 431 SCRA 633, 639 [Per J. Carpio First Division], citing Sea Power Shipping Enterprises, Inc. v. Court of Appeals, 412 Phil. 603, 611 (2001) [Per J. Buena, Second Division].
57 Id.
58 Id. at 427-428, citing Oro v. Judge Diaz, 413 Phil. 416 (2001) [Per J. Panganiban, Third Division].
59 RULES OF COURT, Rule 16, sec. 1 provides:Section 1. Grounds. — Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds:cralawlawlibrary
(a) That the court has no jurisdiction over the person of the defending party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties for the same cause;
(f) That the cause of action is barred by a prior judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is enforceable under the provisions of the statute of frauds; and
(j) That a condition precedent for filing the claim has not been complied with.
60Aurelio v. Aurelio, 665 Phil 693, 703-704 (2011) [Per J. Peralta, Second Division], citing Solvic Industrial Corporation v. National Labor Relations Commission, 357 Phil. 430, 438 (1998) [Per J. Panganiban, First Division]; and Tomas Claudio Memorial College, Inc. v. Court of Appeals, 374 Phil 859, 864 (1999) [Per J. Quisumbing, Second Division].
61 First Global Realty and Development Corporation v. San Agustin, 427 Phil. 593, 601-602 (2002) [Per J. Panganiban, Third Division], citing Republic of the Philippines v. Silerio, 338 Phil. 784, 791-792 (1997) [Per J. Romero, Second Division]; and Spouses Crystal v. Cebu International School, 408 Phil. 409, 420-422 (2001) [Per J. Panganibann, Third Division].
62 544 Phil. 507 (2007) [Per J. Velasco, Jr., Second Division].
63 Id. at 517-518, citing Hutchison Ports Philippines Ltd v. Subic Bay Metropolitan Authority, 393 Phil. 843, 859 (2000) [Per J. Ynares Santiago, First Division]; and Biñan Steel Corporation v. Court of Appeals, 439 Phil. 688, 703-704 (2002) [Per J. Corona, Third Division].
In addition to these substantive requirements, RULES OF COURT, Rule 58, sec. 4 spells out the procedural requirements that must be satisfied before a writ of preliminary injunction may be issued: Section 4. Verified application and bond for preliminary injunction or temporary restraining order. — A preliminary injunction or temporary restraining order may be granted only when:
(a) The application in the action or proceeding is verified, and shows facts entitling the applicant to the relief demanded; and
(b) Unless exempted by the court the applicant files with the court where the action or proceeding is pending, a bond executed to the party or person enjoined, in an amount to be fixed by the court, to the effect that the applicant will pay to such party or person all damages which he may sustain by reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled thereto. Upon approval of the requisite bond, a writ of preliminary injunction shall be issued.
(c) When an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading, the case, if filed in a multiple-sala court, shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined. In any event, such notice shall be preceded, or contemporaneously accompanied, by service of summons, together with a copy of the complaint or initiatory pleading and the applicant's affidavit and bond, upon the adverse party in the Philippines.
However, where the summons could not be served personally or by substituted service despite diligent efforts, or the adverse party is a resident of the Philippines temporarily absent therefrom or is a nonresident thereof, the requirement of prior or contemporaneous service of summons shall not apply.
(d) The application for a temporary restraining order shall thereafter be acted upon only after all parties are heard in a summary hearing which shall be conducted within twenty-four (24) hours after the sheriffs return of service and/or the records are received by the branch selected by raffle and to which the records shall be transmitted immediately.
64Republic v. Evangelista, 504 Phil. 115, 123 (2005) [Per J. Puno, Second Division], citing Buayan Cattle Co., Inc. v. Quintillan, 213 Phil. 244, 254 (1984) [Per J. Makasiar, Second Division]; Developers Group of Companies, Inc. v. Court of Appeals, G.R. No. 104583, March 8, 1993, 219 SCRA 715, 722 [Per J. Cruz, First Division]; and Saulog v. Court of Appeals, 330 Phil. 590, 602 (1996) [Per J. Puno, Second Division].
65 545 Phil. 138 (2007) [Per J. Callejo, Sr., Third Division].
66 Id. at 160-161, citing Searth Commodities Corporation v. Court of Appeals, G.R. No. 64220, March 31, 1992, 207 SCRA 622, 628 [Per J. Gutierrez, Jr., Third Division]; Medina v. Greenfield Development Corporation, 485 Phil. 533, 543 (2004) [Per J. Austria-Martinez, Second Division]; Olalia, et al. v. Hizon, et al., 274 Phil. 66, 74 (1991) [Per J. Cruz, First Division]; Los Baños Rural Bank, Inc. v. Africa, 433 Phil. 930, 940 (2002) [Per J. Panganiban, Third Division]; La Vista Association, Inc. v. Court of Appeals, 344 Phil. 30, 44 (1997) [Per J. Bellosillo, First Division]; and Saulog v. Court of Appeals, 330 Phil. 590, 602 (1996) [Per J. Hermosisima, Jr., First Division].
67Rollo, p. 221.
68 Id. at 96 and 221, Annexes "A" to "HH" of respondent's Complaint.
69 REV. RULES ON EVID., Rule 131, sec. 3(q):Section 3. Disputable presumptions. — The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence:cralawlawlibrary
....
(q) That the ordinary course of business has been followed[.]
70Rollo, pp. 78-83.
71 Id. at 31.
72 Id. at 52.
73 Id. at 52-53.
74 Id. at 53.
75 Id. at 52-53.
76First Global Realty and Development Corporation v. San Agustin, 427 Phil. 593, 601 (2002) [Per J. Panganiban, Third Division]. See also Tayag v. Lacson, GR. No. 134971, March 25, 2004, 426 SCRA 282 [Per J. Callejo, Sr., Second Division]; Mabayo Farms, Inc. v. Court of Appeals, 435 Phil. 112, 118 (2002) [Per J. Quisumbing, Second Division].
77Rollo, p. 52.
78 Id. at 53.
79 Id. at 52-53.
80 Id. at 99.
81 Id.
82 Id. at 288.
83 Id. at 91-93.
84 This is defined under CIVIL CODE, art. 695:Article 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.cralawlawlibrary
85Rollo, p. 93.
86 Id. at 225.
87 Id.
88 Id. at 228.
89 Id.
90 Id at 289.
91 Id.
92 Id. at 74: "Significantly, the questioned court orders focus on the failure of the petitioners to observe due process, i.e., the procedure outlined in Administrative Orders Nos. 160 and 160-A that were issued by the President."
93 An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions, Providing Penalties for Violations Thereof, and for Other Purposes (2000).
94Rollo, p. 61.
95 Rep. Act No. 8975, sec. 1.
96 Id.
97 The term "national government projects" is defined under Rep. Act No. 8975, sec. 2, as:Sec. 2. Definition of Terms. -
(a) "National government projects" shall refer to all current and future national government infrastructure, engineering works and service contracts, including projects undertaken by government owned and- controlled corporations, all projects covered by Republic Act No. 6957, as amended by Republic Act No. 7718, otherwise known as the Build-Operate-and-Transfer Law, and other related and necessary activities, such as site acquisition, supply and/or installation of equipment and materials, implementation, construction, completion, operation, maintenance, improvement, repair and rehabilitation, regardless of the source of funding.