Practice question
In a proper judicial proceeding, a party asks for interim injunctive protection against an Ombudsman investigative order. She argues Carpio-Morales makes a TRO automatic upon filing. Assume no later rule changes. Which is best?
- The ruling removes the statutory procedural barrier it addressed; the court must still apply jurisdiction and ordinary injunctive requirements
- Every filing automatically stays the Ombudsman
- No court can consider any provisional remedy
- A complainant’s preference alone determines irreparable injury
- The ruling eliminates all judicial discretion
Legal references
- Carpio-Morales v. Court of Appeals, G.R. Nos. 217126-27, November 10, 2015, main opinion: https://lawphil.net/judjuris/juri2015/nov2015/gr_217126_2015.html Judicial review, Section 14 and rule-making discussion.
- Piccio v. Office of the Ombudsman, G.R. No. E-00224, April 28, 2026, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/70531 Factual findings and substantial evidence discussion.
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