SC CIRCULAR NO. 68-94, November 03, 1994
STRICT OBSERVANCE OF SECTION 1 OF P D 1818 ENVISIONED BY CIRCULAR NO. 13-93 DATED MARCH 5, 1993 AND CIRCULAR NO. 20-92 DATED MARCH 24. 1992
OFFICE OF THE COURT ADMINISTRATOR
| TO : |
JUDGES OF THE REGIONAL TRIAL
COURTS, SHARI’ A DISTRICT COURTS, METROPOLITAN TRIAL COURTS MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND.SHARI’A CIRCUIT COURTS |
| SUBJECT: |
STRICT OBSERVANCE OF SECTION 1 OF P D 1818
ENVISIONED BY CIRCULAR NO. 13-93 DATED MARCH 5, 1993 AND CIRCULAR NO. 20-92 DATED MARCH 24. 1992 |
There have been reports that despite Circular 13 -93,
dated March 5, 1993, some courts are still issuing temporary
restraining orders and/or preliminary injunctions even in cases.
disputes, or controversies involving government infrastructure projects
in violation of Section 1 of P.D. 1818, which provides:
“Section 1. No court in the Philippines shall have
jurisdiction to issue any restraining order, preliminary injunction, or
preliminary mandatory injunction in any case. dispute, or controversy
involving an infrastructure project, or a mining, fishery, forest, or.
other natural resource development project of the government, or any
public, utility operated by the government, including among others
public utilities for the transport of the goods or commodities,
stevedoring and arrastre contracts, to prohibit any person or persons,
entity or government officials from proceeding with, or continuing the
execution implementation of any such project, or operation of such
public utility, or pursuing lawful activity necessary for such execution
implementation or operation.”
In order to obviate complaints against the
indiscriminate issuance of restraining orders and court injunctions
against government public utilities and infrastructure projects in
.gross-violation or the aforesaid Presidential Decree, the provision of
Circular No 1-93 issued on March 5. 1993 is hereby reiterated for your
.strict compliance. or the any execution.
All Clerks of Court are hereby directed to
immediately furnish this Office copies of any restraining order(s)
and/or writ(s) of injunction against government corporations and public utility firms.
For strict compliance.
November 3, 1994.
|
(SGD.) REYNALDO L. SUAREZ
|
||
|
Deputy Court Administrator
|
||
|
Officer-in-Charge
|