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Philippine Bar review · Question

Practice question: Injunction

Multiple Choice Hard

Practice question

A taxpayer obtains an injunction supported by a court-approved bond. Later, a final decision establishes that it was not entitled to the injunction. The city alleges actual damages caused by the restraint. Which purpose of the Rule58 bond is relevant?
  1. It secures damages sustained by reason of an injunction to which the applicant was not entitled, subject to the proper claims procedure
  2. It automatically pays every alleged amount without proof
  3. It immunizes the applicant from all damages
  4. It is a penalty payable personally to the judge
  5. It retroactively proves the original tax assessment correct without adjudication

Legal references

  • Rules of Court Rule58: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule58 Sections4–7 and9.
  • Angeles City v Angeles Electric GR166134 June29,2010 MAIN: https://lawphil.net/judjuris/juri2010/jun2010/gr_166134_2010.html MAIN application of Rule58 to local-tax collection.

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