PRESIDENTIAL DECREE NO. 605, December 12, 1974

BANNING THE ISSUANCE BY COURTS OF PRELIMINARY INJUNCTIONS IN CASES INVOLVING CONCESSIONS, LICENSES, AND OTHER PERMITS ISSUED BY PUBLIC ADMINISTRATIVE OFFICIALS OR BODIES FOR THE…

Presidential Decrees December 12, 1974
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WHEREAS, it has been common practice for courts to issue
preliminary injunctions and/or preliminary mandatory injunctions in
disputes involving or growing out of the issuance, suspension,
revocation, approval or disapproval of any concession, license, permit,
patent or public grant of any kind for the disposition exploitation,
utilization, exploration and development of the natural resources of the
country;

WHEREAS, such undesirable practice has resulted in confusion
and in the disruption of the smooth functioning of the administrative
machinery having charge of the natural resources of the country;

WHEREAS, another consequence of such practice is the
substitution by courts of their judgments for those of the public
administrative officials or bodies entrusted by law with the above
mentioned functions and jurisdiction;

WHEREAS, such practice has likewise been a contributory
deterrent to the development, and exploitation of our natural resources,
thereby hindering the economic development of the country;

WHEREAS, even under the Industrial Peace Act (R.A. No. 875)
issuance by courts of restraining orders or injunctive reliefs in cases
involving or growing out of labor disputes are proscribed in order not
to frustrate, blunt or destroy the effect of concerted coercive measures
which employees are allowed to resort to under the Act, and a similar
purpose of preventing the nullification or the defeat of grants or
denials to citizens of privileges in the development of the country’s
natural resources would be served by banning the issuance of injunctions
in cases involving such privileges.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree and order the following as part of the law of the land:

SECTION 1. No court of the Philippines shall have
jurisdiction to issue any restraining order, preliminary injunction or
preliminary mandatory injunction in any case involving or growing out of
the issuance, approval or disapproval revocation or suspension of, or
any action whatsoever by the proper administrative official or body on
concessions, licenses, permits, patents, or public grants of any kind in
connection with the disposition, exploitation, utilization, exploration
and/or development of the natural resources of the Philippines.

SEC. 2. All laws, orders, decrees, instructions and rules
and regulations inconsistent with this Decree are hereby repealed and/or
set aside or modified accordingly.

SEC. 3. This Decree shall take effect immediately.

Done in the City of Manila, this 12th day of December, in the year
of Our Lord, nineteen hundred and seventy-four.

   
   
 
(Sgd.)
  FERDINAND E. MARCOS
  President of the Philippines
     

 

By the President:  
     
(Sgd.)
  ALEJANDRO MELCHOR  
  Executive Secretary