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SANTIAGO AQUINO v. GUILLERMO R. LUNTOK

This case has been cited 1 times or more.

2010-04-23
CARPIO, J.
Until the propriety of granting an injunction, temporary or perpetual, is determined, the court (i.e., the RTC in this case) may issue a temporary restraining order. [26]A TRO is an interlocutory order or writ issued by the court as a restraint on the defendant until the propriety of granting an injunction can be determined, thus going no further in its operation than to preserve the status quo until that determination.[27] A TRO is not intended to operate as an injunction pendente lite, and should not in effect determine the issues involved before the parties can have their day in court.[28]