Philippine Bar review · Question

Practice question: Kinds and Requisites

Multiple Choice Hard

Practice question

After hearing, the court finds that a broadly worded preliminary injunction restrains unrelated lawful operations beyond the threatened conduct shown. Must it either leave the order untouched or dismiss the entire case?
  1. Yes, an overbroad order can never be narrowed
  2. No; Section6 permits modification when the relief’s extent is too great
  3. Yes, overbreadth automatically defeats all substantive claims
  4. The sheriff may rewrite the order privately
  5. The applicant’s preference controls the scope conclusively

Legal references

  • Rule58 Section6: https://lawphil.net/courts/rules/rc_1-71_civil.html

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