0:54:01- 1:09:00

72 hr TRO, ho can issue the 72 hr TRO ?

The Executive Judge

What is the duration of that 72-hr TRO? Of course 72 hours.

Q: Can it be extended?

A: Yes, but the duration of the extension is within 20 days.

Q: What if the expiration of the 72 hr TRO fall on the Sunday, maybe the next judge after the raffle the
following Monday extend the 72 hr TRO ?

A:No, because the 72 hr TRO has already lapsed.

Q: May be the 72 hr TRO by the agreement of the party be extended?

A: No, even if the parties agree or jointly move for the extension of the TRO, the 20 day TRO become
functus officio at the expiration of the period or it automatically expired at the end of the 20 day, in case
the court who issue is the RTC.

Q: Is it bond required before the TRO is issued?

A: Not all the time, subject to the sound discretion of the court.

Q: In WPI, is bond required? Yes

Q: What are the three things you have to look for in the issuance of WPI?

A: 1. The existence of a clear legal right in favor of the applicant

2. There is an act threatening that right

3. There would be an irreparable injury if the act is not enjoined

Let’s repeat, these are the usual provisional remedies that we encounter. We have the preliminary
attachment, which is a harsh writ because there is no final judgement yet and here comes the applicant
wanting to seize your properties.

Q: If your properties are seized, what are your remedies? Hinatak ni sheriff yung kotse mo because he
was armed with a WPI, kinuha yung deposit mo sa bangko. What is your remedy in order that your car
will be given back to you?

A:

1. We can put up a COUNTERBOND, which is the one posted by the defendant. In what form?
Cash, surety or could be property
2. Motion to lift or discharge the WPI. What are you going to invoke? Why are you asking the court
to lift the WPI. The court relied upon another ground other than those under Rule 57, then if
that happen, the court improvidently issued the WPI.

Q: What must be delivered to the defendant if the application for WPI is granted?
A: Simultaneous serving of the complaint, and the order granting the writ, the writ itself and the
summons.

Q: Now, if the court received the motion to discharge is the court required to set the motion for
hearing?

A: YES!

Q: What is the duration of the WPI?

A: 6 months

Q: What will the court do within that 6 months period?

A: the court must endeavor to resolve the case.

Q: What will happen to the judge who did not resolve the case within 6 months after the granting
of the WPI?

A: May be held administratively liable, which could either be suspension or dismissal.

Q: is the court obliged to set the application of WPI for hearing?

A: yes. Generally, the court has always to set for hearing, a summary hearing.

Q:If it is the summary hearing, what should be presented before the courts?

A: The highlights or the material evidence.

Q: But despite what we say that the court must set the case for hearing, what are the instance
when the court need not to set the case for hearing?