Petitioner
Aquino
Respondent
Luntok
Citation
G.R. No. 84324
Court
Regional Trial Court, Court of Appeals, Supreme Court
Division
Second Division
Ponente
Regalado, J.
Decided
April 5, 1990

Summary

This case involves a certiorari petition challenging the validity of a preliminary injunction issued beyond the statutory 20-day period for temporary restraining orders. Provincial auditors found a municipal treasurer liable for cash shortage and suspended him, prompting the treasurer to seek injunctive relief. The trial judge issued successive TROs and eventually granted preliminary injunction beyond the prescribed timeframe. The Supreme Court sustained the injunction's validity, ruling that while the 20-day TRO period is non-extendible, a preliminary injunction issued thereafter is not automatically void if other procedural requirements are met. However, the Court reprimanded the judge for violating judicial conduct rules through procedural delays and improper issuance of multiple restraining orders, emphasizing that courts should act promptly within prescribed periods.

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By the Intellegal Editorial Board · April 5, 1990

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