Practice question
A taxpayer requests an ex parte preliminary injunction against an impending city tax auction, conceding that the city has received no notice and no hearing. It confuses this remedy with emergency TRO relief. Which is correct?
- The preliminary-injunction notice-and-hearing rule cannot be bypassed merely by labeling the situation urgent
- Urgency makes every injunction permanently ex parte
- The court must decide the entire tax case immediately
- A TRO and preliminary injunction always have identical procedures
- Filing a protest constitutes notice of the judicial hearing
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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