b. The consent of the ICCs/IPs as required under Section 59 of R.A. 8371 was
irregularly or improperly obtained thereby rendering the FPIC void ab initio;
c. Prohibited or unlawful acts are threatened to be done or would be committed
unless restrained; and
d. Grave or irreparable injury would result if not restrained.
Section 3. Verified Petition. – Preliminary injunction or temporary restraining
order may be granted only upon verified petition showing facts that would entitle
the petitioner or the applicant to the relief demanded.
Section 4. Temporary Restraining Order may be Issued Ex Parte. – The
Commission en banc or the Regional Hearing Office may issue ex parte a TRO for a
period of seventy-two (72) hours from service to the party or person sought to be
enjoined upon showing that the applicant would suffer great or irreparable injury
before the matter can be heard on notice.
Thereafter, within the aforesaid seventy-two (72) hours, the Commission en banc
or the Regional Hearing Office before whom the case is pending shall conduct a
summary hearing to determine whether the TRO shall be extended until the
application for preliminary injunction can be heard. In no case shall the total period
of effectivity of the TRO exceed twenty (20) days, including the original seventytwo hours provided herein.
Notwithstanding the lack of CNR required under Section 2, Rule IV of this Rules, the
Regional Hearing Officer may issue the TRO provided that the main case shall have
to be referred back to the council of elders/leaders or mediators, if applicable, for
compliance to the aforementioned Rule IV.
The Regional Hearing Officer shall furnish the Commission en banc copies of the
TROs issued by them for the information and guidance of the Commission en banc.
Section 5. Period to Resolve the Prayer for a Writ of Preliminary
Injunction. – Within the twenty (20) day period of the TRO, the Commission en
banc or the Regional Hearing Officer shall order the respondent to show cause, at a
specified time and place, why the preliminary injunction should not be granted.
Within the same period, the Commission en banc or the Regional Hearing Officer
must resolve whether or not the writ of preliminary injunction should be granted.
Section 6. Grounds for Dissolution of the Preliminary Injunction or
Temporary Restraining Order. – The TRO or WPI may be dissolved on the
following grounds:
a. Upon proper showing of its insufficiency; and
b. If it appears after hearing that although the applicant is entitled to the restraining
order or the injunction, the continuance thereof would cause irreparable damage to
the party enjoined while the applicant can be fully compensated for such damages
as he/she may suffer.
Section 7. Injunctive Bond. – A writ of preliminary injunction shall be issued only
upon filing of the required bond as may be determined by the Commission en banc
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