PHILIPPINES Law and Practice Contributed by: Leland R Villadolid J, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz (ACCRALAW)
Ex Parte 20-Day TRO This is granted when it appears from facts shown by affidavits or by the verified application that great or irreparable injury would result to the applicant before the matter can be heard on notice. Within the 20-day period, the court will order said party or person to show cause as to why a writ of preliminary injunction should not be granted. Writ of Preliminary Injunction This is granted at any stage of an action or proceed- ing prior to the judgment or final order, to maintain the status quo pending litigation and to prevent grave irreparable injury to the applicant. Status Quo Ante Order This is granted to maintain the last peaceable, uncon- tested status between the parties. It is an equitable remedy granted by the courts and guided by several factors: • justice and equity considerations; • when conservation of the status quo is desirable or essential; • the prevention of any serious damage; and • where constitutional issues are raised. Please see 4.1 Interim Applications/Motions in rela - tion to applications for writs of preliminary attachment. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Courts generally observe the prescribed periods for resolving applications for injunctive writs, though not necessarily in favour of the applicant. Injunctive relief may only be applied for and heard during business hours, and there are no mechanisms in place for applications to be heard by “out-of-hours judges”. While there are “night courts” that operate beyond normal business hours, these are not author - ised to hear applications for injunctive relief. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Please see 6.1 Circumstances of Injunctive Relief .
in-house counsel performs both business and legal functions. Hence, in invoking such privilege, it should be clear that subject communication or advice was received or given by the in-house counsel from or to their employer in the discharge of their duties requiring their knowledge and expertise as a lawyer. 5.6 Rules Disallowing Disclosure of a Document Please see 1.3 Court Filings and Proceedings . The Data Privacy Act, which protects personal infor- mation and sensitive personal information of data subjects, should also be considered when determin- ing whether the disclosure of a particular document will violate its provisions. The Civil Code prohibits the publication or dissemination of letters and other pri- vate communications without the consent of the writer or their heirs (although they are owned by the person to whom they are addressed and delivered). However, the court may authorise their publication or dissemi- nation if the public good or the interest of justice so requires. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief The purpose of an injunction is to prevent threat- ened or continuous irremediable injury to the appli- cant before the issues can be thoroughly studied – ie, to preserve the status quo and to prevent serious irreparable damage until the merits of the case are fully heard. An injunction may come in various forms, including the following. Ex Parte 72-Hour Temporary Restraining Order (TRO) This is granted when the matter is of extreme urgency and the applicant will suffer grave irreparable injury. Within said 72 hours, the court shall conduct a sum- mary hearing to determine whether the ex parte TRO will be extended for a period of not more than 20 days, including the original 72 hours, during which the appli- cation for preliminary injunction can be heard.
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