insufficiency. The injunction or restraining order may also be denied, or, if granted, may bedissolved, on other grounds upon affidavits of the party or person enjoined, which may beopposed by the applicant also by affidavits. It may further be denied, or if granted, may bedissolved, if it appears after hearing that although the applicant is entitled to the injunctionor restraining order, the issuance or continuance thereof, as the case may be, would causeirreparable damage to the party or person enjoined while the applicant can be fullycompensated for such damages as he may suffer, and the former files a bond in an amountfixed by the court conditioned that he will pay all damages which the applicant may sufferby the denial or the dissolution of the injunction or restraining order. If it appears that theextent of the preliminary injunction or restraining order granted is too great, it may bemodified.Buyco v. Baraquia, 21 December 2009A dismissal, discontinuance or non-suit of an action in which a restraining order ortemporary injunction has been granted operates as a dissolution of the restraining orderor temporary injunction,‰ regardless of whether the period for filing a motion forreconsideration of the order dismissing the case or appeal therefrom has expired. Therationale therefor is that even in cases where an appeal is taken from a judgmentdismissing an action on the merits, the appeal does not suspend the judgment, hence thegeneral rule applies that a temporary injunction terminates automatically on thedismissal of the action.‰f) Duration of TROTRO issued by trail court may either be for 72 hours or 20 days; if issued by the CA or amember thereof, it shall be effective for sixty (60) days; TROs0 issued by the SC shall beeffective until further notice.g) In relation to R.A. 8975, ban on issuance of TRO or writ of injunction in cases involvinggovernment infrastructure projectsNocourt,exceptthe SupremeCourt,shallissueanytemporaryrestrainingorder,preliminary injunction or preliminary mandatory injunction against the government, or anyof its subdivisions, officials or any person or entity, whether public or private, acting underthe government’s direction, to restrain, prohibit or compel the following acts:(a) Acquisition, clearance and development of the right-of-way and/or site or location ofany national government project;
(b) Bidding or awarding of contract/project of the national government as defined underSection 2 hereof(c) Commencement, prosecution, execution, implementation, operation of any suchcontract or project(d) Termination or rescission of any such contract/project; and(e) The undertaking or authorization of any other lawful activity necessary for suchcontract/project. This prohibition shall apply in all cases, disputes or controversiesinstituted by a private party, including but not limited to cases filed by bidders or thoseclaiming to have rights through such bidders involving such contract/project.