SPECIAL CIVIL ACTION AND PROVISIONAL REMEDIES

ATTY. CHRISTIAN G. VILLASIS

Assignment No. 9

1. What is the nature of a preliminary injunction? Differentiate it from a main action for injunction.
2. What are the requisites for the issuance of a writ of preliminary injunction? Differentiate
prohibitory and mandatory injunctions.
3. May a writ of injunction be issued ex-parte? How about a temporary restraining order (TRO)?
4. What is the lifetime of a Temporary Restraining Order (TRO) issued by the RTC, Court of
Appeals or SC?
5. Enumerate the instances when the issuance of an injunction or TRO is not allowed.
6. How do you dissolve a writ of preliminary injunction or restraining order?
7. What is the nature of the provisional remedy of receivership?
8. What is the function of a receiver? What are the powers and duties of a receiver?
9. May a receiver be appointed ex-parte?
10. When is the appointment of receiver allowed? Cite the instances and explain each.
11. When should the receivership be terminated?

CASES
1. National Association of Electricity Consumers for Reforms, Inc. (nasecore) vs. Energy
Regulatory Commission G. R. No. 190795, July 6, 2011
2. Atty. Tomas Ong Cabili vs. Judge Rasad Balindong, A.M. No. RTJ-10-2225, September 6, 2011
3. Sps. Democrito and Oliva Lago vs. Judge Godofredo Abul, jr.a.m. No. rtj-10-2255, February 8,
2012
4. People vs. Joseph "Jojo" Grey, G.R. No. 180109, July 26, 2010
5. Yap vs. International Exchange Bank, G.R. No. 175145, March 28, 2008
6. Manila Banking Corporation vs. Court of Appeals, 187 SCRA 138
7. First Global Realty and Development Corporation vs. San Agustin, G.R. No. 144499, February
19, 2002
8. Kho vs. Court of Appeals, G.R. No 115758, March 3, 2002
9. Manila International Airport Authority vs. Court of Appeals, G.R. No. 118249, February 2,
2002
10. Philippine Economic Zone Authority, et. al., vs. Joseph Jude Carates, G.R. No. 181274, June
23, 2010
11. Garcia, Jr. vs. Court of Appeals, G.R. No. 185132, April 24, 2009
12. Power Sites and Signs, Inc. vs. United Neon, G.R. No. 163406, November 24, 2009
13. China Banking Corporation vs. Co, G.R. No. 174569, September 17, 2008
14. Bacolod City Water District vs. Labayen, 446 SCRA 110
15. Theodoro C. Borlongan, Jr., et. al., vs. Magdaleno M. Pea, et. al., G.R. No. 143591, May 5,
2010
16. Julio A. Vivares and Mila G. Ignaling vs. Engr. Jose J. Reyes, G.R. No. 155408, February 13,
2008 (receivership)
17. Arranza vs. B.F. Homes, Inc. 333 SCRA 799
18. Philippine Trust Company vs. Santamaria, 53 PHIL 463
19. Alcantara vs. Abbas, 9 SCRA 54