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Philippine Bar review · Question

Practice question: Preliminary Injunction vs. Temporary Restraining Order vs. Status Quo Ante Order

Multiple Choice Hard

Practice question

A litigant argues that a TRO conclusively adjudicates ownership because it temporarily prevents alteration of the property while the injunction application is heard. The opposing party claims expiration automatically awards ownership to it. Which is correct?
  1. Issuance automatically transfers title to the applicant
  2. Neither; provisional restraint and its expiration do not themselves finally adjudicate title
  3. Expiration automatically transfers title to the respondent
  4. The TRO replaces the main action permanently
  5. Any TRO is a final injunction after trial

Legal references

  • Rule58 Sections1,5 and9: https://lawphil.net/courts/rules/rc_1-71_civil.html

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