ii. Effect of Injunction

Effect of Injunction

Concept

Filing a petition for certiorari does not, by itself, stop the principal case. Under Rule 65, the public respondent continues with that case unless a temporary restraining order (TRO) or writ of preliminary injunction has been issued enjoining further proceedings. The operative event is the issuance of the order or writ, not the filing of the petition. (Rule 65, Sec. 7, Rules of Court)¹

Governing provisions

Rule 65, Section 7 permits the court hearing the petition to expedite proceedings and grant a TRO or preliminary injunction to preserve the parties’ rights while the petition is pending. It separately provides that the petition does not interrupt the principal case unless such relief enjoins the public respondent from proceeding. (Rule 65, Sec. 7, Rules of Court)¹

Article 254 of the Labor Code restricts injunctions in cases involving or growing out of labor disputes: no court or other entity may issue a temporary or permanent injunction or restraining order, except as otherwise provided in Articles 218 and 264. (Art. 254, Labor Code)²

Requisites / Rules

• Absent a TRO or preliminary injunction, the public respondent must proceed with the principal case within ten days from the filing of a petition for certiorari with a higher court or tribunal. (Rule 65, Sec. 7, Rules of Court)¹
• The duty to proceed also applies upon expiration of the TRO or preliminary injunction. Failure to proceed may be a ground for an administrative charge. (Rule 65, Sec. 7, Rules of Court)¹
• For certiorari, Rule 65, Section 1 requires an act without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and the absence of an appeal or other plain, speedy, and adequate remedy in the ordinary course of law. These are grounds for the petition; filing it alone does not suspend the principal case. (Rule 65, Sec. 1, Rules of Court)³ (Rule 65, Sec. 7, Rules of Court)¹

Distinctions

Distinguish the proceeding challenged by certiorari from a labor-dispute injunction. Rule 65, Section 7 addresses whether the principal case continues while review is pending. Article 254 addresses the issuance of injunctions or restraining orders in cases involving or growing out of labor disputes. The provisions should not be treated as saying that every filed petition automatically stays a labor case, or that Rule 65 dispenses with Article 254’s restriction. (Rule 65, Sec. 7, Rules of Court)¹ (Art. 254, Labor Code)²

Key doctrines

In a Rule 65 petition, the Court of Appeals may examine factual matters to determine whether a labor tribunal gravely abused its discretion by capriciously relying on or disregarding evidence. That scope of review concerns the petition’s merits; it does not change the separate rule that the principal case continues absent an effective TRO or preliminary injunction. (Philam Homeowners Association, Inc. v. De Luna, G.R. No. 209437, 17 March 2021)⁴ (Rule 65, Sec. 7, Rules of Court)¹

Exceptions

The stated exception to continued proceedings is a TRO or preliminary injunction enjoining the public respondent from proceeding. The Labor Code’s stated exceptions to its injunction restriction are those provided in Articles 218 and 264. (Rule 65, Sec. 7, Rules of Court)¹ (Art. 254, Labor Code)²

Bar tip

Ask first whether an order or writ actually enjoins further proceedings. A pending certiorari petition, without one, is not a stay. (Rule 65, Sec. 7, Rules of Court)¹