Howeverwhenonesuchmotion

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Unformatted text preview: ich
the
exercise
of
the
powers
of
the
police
could
 not
be
calculated
to
prevent
 Intent
 of
 this
 requirement
 is
 to
 take
 the
 executive
 function
 of
 law
 enforcement
 out
 of
 the
 court
 and
 leave
it
to
the
appropriate
executive
officers,
unless
 they
fail
to
function
 Public
officers
should
be
served
notice
of
hearing
of
 the
application
for
injunction
 No
adequate
remedy
 o Adequate
 remedy
 at
 law
 is
 one
 that
 affords
 relief
 with
 reference
 to
 the
 matter
 in
 controversy,
 and
 which
 is
 appropriate
to
the
particular
circumstances
of
the
case
 o Existence
of
a
remedy
at
law
does
not
necessarily
preclude
 injunctive
 relief.
 A
 remedy
 at
 law
 must,
 in
 the
 first
 place,
 be
 plain
 and
 no
 doubtful
 or
 obscure.
 It
 must
 also
 be
 complete
 Cash
bond
 o No
 TRO
 or
 writ
 of
 preliminary
 injunction
 shall
 be
 issued
 except
 on
 the
 condition
 that
 petitioner
 shall
 first
 file
 an
 undertaking
 to
 answer
 for
 the
 damages
 and
 post
 a
 cash
 bond
(50k),
or
such
higher
amount
as
may
determined
by
 the
Commission.
 o Purpose:
 to
 recompense
 those
 enjoined
 for
 any
 loss,
 expense
 or
 damage
 caused
 by
 the
 improvident
 or
 erroneous
 issuance
 of
 such
 order
 or
 injunction,
 including
 all
 reasonable
 costs,
 attorney’s
 fee,
 expense
 of
 defense
 against
the
order
or
against
the
granting
of
any
injunctive
 relief
 sought
 in
 the
 same
 proceeding
 and
 subsequently
 denied
by
the
Commission
 o • • Lalay
Abala.
ALS2014B.
Labor
II.
 • Scope
 Injunction
 restricted
 not
 only
 to
 the
 specific
 acts
 complained
 of
 in
 the
 pleadings
 and
 proven
 at
 trials
 as
 wrongful,
 but
 further,
 limits
 the
 injunction
 to
 only
 those
 alleged
 and
 proven
 guilty
 of
 actual
 participation,
 authorization
or
ratification
of
such
acts
 o Power
of
NLRC
to
enjoin
or
restrain
the
commission
of
any
 or
all
prohibited
or
unlawful
acts
can
ONLY
be
exercised
in
 a
labor
dispute
 Reception
of
evidence
 o Reception
 of
 evidence
 may
 be
 delegated
 by
 the
 Commission
to
any
of
its
Labor
Arbiters
[now
Commission
 Attorney,
 as
 per
 RA
 9347]
 who
 shall
 conduct
 such
 hearings
 in
 such
 places
 as
 he
 may
 determine
 to
 be
 accessible
 to
 the
 parties
 and
 their
 witnesses
 and
 shall
 submit
thereafter
his
recommendation
to
the
Commission
 Twenty­day
life
of
TRO
 o TRO,
 if
 issued,
 valid
 only
 for
 20
 days
 and
 becomes
 void
 ipso
facto
at
the
end
of
that
period
 o TRO
takes
effect
upon
its
issuance
and
not
upon
receipt
of
 the
parties
 o Maximum
 20
 days
 includes
 Saturdays,
 Sundays,
 and
 holidays
 Illustrative
case:
issuance
of
TRO
 o Ilaw
 at
 Buklod
 ng
 Manggagawa
 v.
 NLRC
 and
 San
 Miguel
 Corp:
petition
for
injunction
and
TRO
may
be
filed
with
the
 NLRC
 where
 the
 complaint
 filed
 with
 the
 labor
 arbiter
 against
 slowdown
 by
 petitioner’s
 employees
 has
 not
 yielded
adequate
relief
 Claiming
 that
 its
 action
 in
 the
 Arbitration
 Branch
 had
as
yet
yielded
no
relief,
San
Miguel
Corp
(SMC)
 filed
 another
 complaint
 against
 the
 Union
 and
 members
 thereof
 directly
 with
 the
 NLRC,
 to
 enjoin
 and
restrain
illegal
slowdown
and
for
damages,
with
 prayer
 for
 the
 issuance
 of
 a
 cease­and­desist
 and
 TRO.
TRO
was
issued.
Union
filed
petition,
asserting
 NLRC
 had
 no
 jurisdiction
 to
 act
 on
 the
 plea
 for
 injunction
in
the
first
instance
 SC
 ruled
 that
 NLRC
 acted
 within
 its
 jurisdiction.
 It
 acted
on
SMC’s
application
for
immediate
issuance
of
 a
 TRO
 ex
 parte
 on
 the
 ground
 that
 substantial
 and
 irreparable
 injury
 to
 its
 property
 would
 transpire
 before
the
matter
could
be
heard
on
notice
 Injunction
from
NLRC
not
the
proper
remedy
against
employee’s
 dismissal
 o • • • • 13
 o PAL
 v.
 NLRC:
 Employee
 dismissal;
 no
 case
 had
 yet
 been
 filed
 with
 the
 labor
 arbiter
 when
 the
 petition
 for
 injunction
was
filed
with
the
NLRC.
The
SC
invalidated
t...
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