Practice question
A person asks for an ordinary Rule58 preliminary injunction as the sole relief, without any main action or proceeding to which it can attach and without invoking a special statutory mechanism. The applicant says the interim writ is an independent cause of action. Which is correct under Banco Filipino?
- Every preliminary writ is an independent final cause.
- Ordinary TRO and preliminary-injunction relief are ancillary; the absence of the necessary main action or proceeding defeats that stated theory.
- The plaintiff may personally issue the writ.
- The court must grant it whenever the applicant uses the word urgent.
- A bond alone creates every missing cause and jurisdictional requirement.
Legal references
- https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official2019 Rules, Rule39§§47–48 and Rules57–61.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules39§§47–48,57–61, read with current amendments.
- https://lawphil.net/judjuris/juri2021/apr2021/gr_200642_2021.html — Banco Filipino v BSP, GR200642, April26 2021, main decision.
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