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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSIII. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)U. Provisional Remedies2. Preliminary Injunction and Temporary Restraining Order - Rule 58

Question

Preliminary Injunction and Temporary Restraining Order Scenario:

Alexander and Benjamin are business partners who recently had a falling out. Alexander believes that Benjamin is planning to sell their joint assets and leave the country, which would greatly affect their business interests. In order to protect their shared assets and prevent Benjamin from leaving the country, Alexander decides to file a petition for a preliminary injunction and temporary restraining order (TRO) under Rule 58 of the Rules of Court.

As a lawyer, you are requested to draft the petition for Alexander. In your petition, please address the following:

  1. The requirements for the issuance of a preliminary injunction and TRO;
  2. The grounds for the issuance of a preliminary injunction and TRO;
  3. The form and contents of a petition for preliminary injunction and TRO;
  4. The possible defenses that Benjamin may raise against the grant of preliminary injunction and TRO;
  5. The effectivity and duration of a TRO;
  6. The remedies available to Benjamin if the petition for preliminary injunction and TRO is granted.



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Bar Review Question: Preliminary Injunction and Temporary Restraining Order Scenario: Alexander and Benjamin are busine