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Preliminary Injunction in Criminal Cases

Criminal Procedure Preliminary Injunction Provisional Remedies Rule 127

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.

Exceptions:

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].


Cases:

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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