CIRCULAR
NO. 68-94
TO: JUDGES
OF THE REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS,
MUNICIPAL
CIRCUIT TRIAL COURTS AND SHARI’A CIRCUIT COURTS
SUBJECT:
STRICT OBSERVANCE OF SECTION 1 OF P.D. 1818 ENVISIONED BY CIRCULAR NO.
13093 DATED MARCH 5, 1993 AND CIRCULAR NO. 20-92 DATED MARCH 24, 1992.
There have been reports
that despite Circular 13-93 dated March 5, 1993, some courts are still
issuing temporary restraining orders and/or preliminary injunctions
even
in cases, disputes, or controversies involving government
infrastructure
projects in violation of Section 1 of P.D. 1818, which provides:chanroblesvirtuallawlibrary
"Section
1. No
court in the Philippines shall have jurisdiction to issue any
restraining
order, preliminary injunction, or preliminary mandatory injunction in
any
case, dispute, or controversy involving an infrastructure project, or a
mining, fishery, forest, or other natural resource development project
of the government, or any public utility operated by the government,
including
among others public utilities for the transport of the goods or
commodities,
stevedoring and arrastre contracts, to prohibit any person or persons,
entity or government officials from proceeding with, or continuing the
execution or implementation of any such project, or the operation of
such
public utility, or pursuing any lawful activity necessary for such
execution,
implementation or operation."In order to
obviate
complaints against the indiscriminate issuance if restraining orders
and
court injunctions against government public utilities and
infrastructure
projects in gross violation of the aforesaid Presidential Decree, the
provision
of Circular No. 13-93 issued on March 5, 1993 is hereby reiterated for
your strict compliance.
All Clerks of Courts
are hereby directed to immediately furnish this Office copies of any
restraining
order(s) and/or writ(s) of injunction against government corporations
and
public utility firms.
For strict compliance.
November 3, 1994.
[Sgd.]
REYNALDO
L. SUAREZOfficer-in-ChargeDeputy
Court Administrator
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