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Preliminary Injunction in Criminal Cases

May injunction be issued to restrain criminal prosecution?

General Rule: 

No. Criminal prosecution may not be restrained or stayed by injunction because public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society.


1.  To afford adequate protection to the constitutional rights of the accused;

2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions;

3.  When there is a pre-judicial question which is sub-judice;

4.  When the acts of the officer are without or in excess of authority;

5.  Where the prosecution is under an invalid law, ordinance or regulation;

6.  When double jeopardy is clearly apparent;

7.  Where the court has no jurisdiction over the offense;

8.  Where it is a case of persecution rather than prosecution;

9. Where the charges are manifestly false and motivated by the lust for vengeance;

10. When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied; and

11. To prevent the threatened unlawful arrest of petitioners. [Brocka v. Enrile, 192 SCRA 183 (1990), People vs Grey, G.R. NO. 180109, JULY 26, 2010].


1.  Hernandez v. Albano, et al., L-19272, January 25, 1967, 19 SCRA 95

2.  Dimayuga, et al. v. Fernandez, 43 Phil. 304; Hernandez v. Albano, supra; Fortun v. Labang, et al., L-38383, May 27, 1981, 104 SCRA 607

3.  De Leon v. Mabanag, 70 Phil. 202

4.  Planas v. Gil, 67 Phil. 62

5.  Young v. Rafferty, 33 Phil. 556; Yu Cong Eng v. Trinidad, 47 Phil. 385, 389

6.  Sangalang v. People and Avendia, 109 Phil. 1140

7.  Lopez v. City Judge, L-25795, October 29, 1966, 18 SCRA 616

8.  Rustia v. Ocampo, CA-G.R. No. 4760, March 25, 1960

9.   Recto v. Castelo, 18 L.J. [1953], cited in Rañoa v. Alvendia, CA-G.R. No. 30720-R, October 8, 1962; Cf. Guingona, et al. v. City Fiscal, L-60033, April 4, 1984, 128 SCRA 577

10.  Salonga v. Paño, et al., L-59524, February 18, 1985, 134 SCRA 438

11. Rodriguez v. Castelo, L-6374, August 1, 1953

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