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    Injunction/TRO Under The NLRC Rules

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    Marion Kho
    The document discusses the conditions for issuing injunctions and temporary restraining orders (TROs) under the NLRC Rules. There must be threatened or ongoing unlawful acts, substantial and irreparable injury to the complainant's property, greater injury from denying than granting relief, no adequate legal remedies, and inability of public officers to provide protection. The NLRC can issue preliminary injunctions in labor disputes to prevent irreparable damage or render decisions ineffective. However, the power is limited to pending cases and excludes disputes involving strikes or lockouts. Temporary restraining orders may also be issued without notice if irreparable injury would otherwise be unavoidable.

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    Injunction/TRO Under The NLRC Rules

    Uploaded by

    Marion Kho
    524 views2 pages
    The document discusses the conditions for issuing injunctions and temporary restraining orders (TROs) under the NLRC Rules. There must be threatened or ongoing unlawful acts, substantial and irreparable injury to the complainant's property, greater injury from denying than granting relief, no adequate legal remedies, and inability of public officers to provide protection. The NLRC can issue preliminary injunctions in labor disputes to prevent irreparable damage or render decisions ineffective. However, the power is limited to pending cases and excludes disputes involving strikes or lockouts. Temporary restraining orders may also be issued without notice if irreparable injury would otherwise be unavoidable.

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    Injunction/TRO under the NLRC Rules

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    Injunction/TRO under the NLRC Rules

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    The document discusses the conditions for issuing injunctions and temporary restraining orders (TROs) under the NLRC Rules. There must be threatened or ongoing unlawful acts, substantial and irreparable injury to the complainant's property, greater injury from denying than granting relief, no adequate legal remedies, and inability of public officers to provide protection. The NLRC can issue preliminary injunctions in labor disputes to prevent irreparable damage or render decisions ineffective. However, the power is limited to pending cases and excludes disputes involving strikes or lockouts. Temporary restraining orders may also be issued without notice if irreparable injury would otherwise be unavoidable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    524 views2 pages

    Injunction/TRO Under The NLRC Rules

    Uploaded by

    Marion Kho
    The document discusses the conditions for issuing injunctions and temporary restraining orders (TROs) under the NLRC Rules. There must be threatened or ongoing unlawful acts, substantial and irreparable injury to the complainant's property, greater injury from denying than granting relief, no adequate legal remedies, and inability of public officers to provide protection. The NLRC can issue preliminary injunctions in labor disputes to prevent irreparable damage or render decisions ineffective. However, the power is limited to pending cases and excludes disputes involving strikes or lockouts. Temporary restraining orders may also be issued without notice if irreparable injury would otherwise be unavoidable.

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    © All Rights Reserved
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    Injunction/ TRO under the NLRC Rules

    - Article 218(e) of the Labor Code provides the following conditions in the issuance of a
    permanent or temporary injunction:
    o (1) That prohibited or unlawful acts have been threatened and will be committed
    and will be continued unless restrained, but no injunction or temporary restraining
    order shall be issued on account of any threat, prohibited or unlawful act, except
    against the person or persons, association or organization making the threat or
    committing the prohibited or unlawful act or actually authorizing or ratifying the
    same after actual knowledge thereof;
    (2) That substantial and irreparable injury to complainant’s property will follow;
    (3) That as to each item of relief to be granted, greater injury will be inflicted
    upon complainant by the denial of relief than will be inflicted upon defendants by
    the granting of relief;
    (4) That complainant has no adequate remedy at law; and
    (5) That the public officers charged with the duty to protect complainant’s
    property are unable or unwilling to furnish adequate protection.
    - Rule X, Section 1 of the NLRC Rules provide:
    o SECTION 1. INJUNCTION IN ORDINARY LABOR DISPUTES. - A
    preliminary injunction or restraining order may be granted by the Commission
    through its Divisions pursuant to the provisions of paragraph (e) of Article 218 of
    the Labor Code, as amended, when it is established on the basis of the sworn
    allegations in the petition that the acts complained of involving or arising from
    any labor dispute before the Commission, which, if not restrained or performed
    forthwith, may cause grave or irreparable damage to any party or render
    ineffectual any decision in favor of such party.
    A certification of non-forum shopping shall accompany the petition for
    injunction.
    The writ of preliminary injunction or temporary restraining order shall
    become effective only upon posting of the required cash bond in the amount to be
    determined by the Commission to answer for any damage that may be suffered by
    the party enjoined, if it is finally determined that the petitioner is not entitled
    thereto.
    o An injury is considered irreparable if it is of such constant and frequent
    recurrence that no fair and reasonable redress can be had therefor in a court of
    law, or where there is no standard by which their amount can be measured with
    reasonable accuracy. It is considered irreparable injury when it cannot be
    adequately compensated in damages due to the nature of the injury itself or the
    nature of the right or property injured or when there exists no certain pecuniary
    standard for the measurement of damages. (PAL v. NLRC, GR No. 120567,
    March 20, 1998)
     In the above mentioned case, some employees of PAL filed with the
    NLRC a petition for injunction enjoining PAL to cease and desist from
    enforcing its Memorandum of Dismissal. The NLRC issued an injunctive
    writ. The SC said that NLRC exceeded its jurisdiction in issuing the
    injunctive writ because there was no labor dispute between the parties at
    that time since no complaint for illegal dismissal has been filed yet.
    - The power of the Labor Arbiter to issue a writ of preliminary injunction may only be
    exercised as an incident to the cases pending before them in order to preserve the rights
    of the parties during the pendency of the case, but excluding labor disputes involving
    strike or lockout. (Pondoc v. NLRC, GR No. 116347, October 3, 1996)
    - Rule X, Section 6 of the NLRC Rules provide:
    o SECTION 6. TEMPORARY RESTRAINING ORDER; REQUISITES. - If the
    petitioner shall also allege that, unless a temporary restraining order shall be
    issued without notice, a substantial and irreparable injury to petitioner's
    property will be unavoidable, such a temporary restraining order may be issued
    upon testimony under oath, or by affidavits of the petitioner's witnesses,
    sufficient, if sustained, to justify the Commission in the issuance thereof.

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