Practice question
An employer files a certiorari petition and an application for a TRO, but the court has not granted restraint. It refuses to comply with the challenged agency process solely because relief was requested. Which is correct?
- A request is not an issued restraining order and does not by itself create the claimed stay.
- Every requested TRO is automatically granted.
- A party can issue its own injunction by signing the petition.
- No distinction exists between filing and adjudication.
- The adverse party’s objection supplies the TRO.
Legal references
- Rules of Court, Rule 65 Sections 1, 5 and 7; Rule 46 Section 3: https://lawphil.net/courts/rules/rc_1-71_civil.html
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