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)
6.4 Liability for Damages for the Applicant A writ of preliminary injunction or TRO may be granted only when the applicant files a bond executed to the party or person enjoined, with the court where the action is pending and in an amount to be fixed by the court, to the effect that the applicant will pay to such party or person all damages that they may sustain by reason of the injunction or the TRO if the court should finally decide that the applicant was not enti- tled thereto. This rule likewise applies to the issuance of an ex parte 72-hour TRO. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief issued by Philippine courts is effective only within the Philippines. 6.6 Third Parties and Injunctive Relief Generally, injunctive relief binds only parties to the action where it is issued. Injunction will not work to prejudice third parties who have not been given the opportunity to oppose the application for the writ. However, persons who are not parties in a proceed- ing may be declared guilty of contempt for wilful viola- tion of an order issued in the case, if said persons are guilty of conspiracy with any of the parties in violating the court’s order, or were acting on behalf of such party. 6.7 Consequences of a Respondent’s Non- Compliance If a defendant fails or refuses to comply with the terms of an injunction, they may be held in contempt of court. If, after hearing, the court finds that the respondent wilfully and knowingly violated the terms of the injunction, they may be sanctioned with a fine or imprisonment, or with both.
timony of their witnesses, either in the form of sworn statements duly identified by such witness in open court or given orally under oath in open court. The plaintiff’s documentary and object evidence is identi- fied by witnesses willing to testify on the genuineness, authenticity and contents thereof. The defendant is given the opportunity to cross-examine witnesses of the plaintiff as they are presented. After the presentation of the plaintiff’s witnesses, the plaintiff is required to formally offer into evidence their documentary and object evidence. A formal offer of evidence is required by the Rules of Court to be con- ducted orally. However, courts usually require the submission of a written formal offer of evidence and opposition thereto. After the plaintiff rests their case, the defendant will then adduce evidence in support of their defences, in a manner similar to that described for the presentation of a plaintiff’s evidence. After the defendant presents all their evidence, they will make a formal offer of their evidence. The plaintiff may then present witnesses and/or addi- tional evidence on rebuttal, and the defendant may, in the same manner, thereafter present witnesses and/or additional evidence by way of surrebuttal. After both parties have completed the presentation of their respective witnesses and evidence, the court will resolve the case. The filing of memoranda is not required under the Rules of Court, but is almost always required in practice by the courts or upon motion of the parties. 7.2 Case Management Hearings After the last responsive pleading has been filed, the court shall set the case for pretrial conference (pre- trial). Pretrial is mandatory, and is a procedural device intended to (among other things): • clarify and limit the disputed factual and legal issues, with the primary objective of simplifying and expediting (or even dispensing with) the trial; • identify the parties’ respective evidence; and • explore the possibility of an early resolution of the case.
7. Trials and Hearings 7.1 Trial Proceedings
Trial in the Philippines is a combination of evidential hearings, presentation and examination of witnesses, as well as written submissions. Trial typically starts with the plaintiff adducing evidence in support of their claims by presenting the direct tes-
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