PHILIPPINES Law and Practice Contributed by: Leland R Villadolid Jr, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz
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 authorised to hear applica- tions for injunctive relief. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Please see 6.1 Circumstances of Injunctive Relief . 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 per- son 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 entitled thereto. This rule 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 are 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 proceeding may be declared guilty of contempt for wilful violation 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. In a proceeding to punish criminal contempt for wilful disobedience of an injunction, the fact that those disobeying the injunction were not named parties to the action in which it was granted, and were not personally served, is no defence, where the injunction restrains not only the par- ties but also those who act as a party’s agents or employees. 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 con- tempt of court. If, after hearing, the court finds that the respondent wilfully and knowingly vio- lated the terms of the injunction, they may be sanctioned with a fine or imprisonment, or with both. Trial in the Philippines is a combination of evi- dential 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 testimony 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 identified by witnesses 7. Trials and Hearings 7.1 Trial Proceedings
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