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Volume 13 Number 1 - University of the Philippines College of Law

Volume 13 Number 1 - University of the Philippines College of Law

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436<br />

National Administrative Register <strong>Volume</strong> <strong>13</strong>/1<br />

c) That as to each item OF relief to be granted, greater injury will be inflicted<br />

upon <strong>the</strong> complainant by <strong>the</strong> denial <strong>of</strong> relief THAN will be inflicted upon defendants<br />

by <strong>the</strong> granting <strong>of</strong> relief;<br />

66. Sections 3, 4, 5, 6, 7, 8, 9 and 10 <strong>of</strong> Rule XI are hereby renumbered as Sections 4, 3,<br />

8, 9, 6, 5, 10 and 7 respectively.<br />

67. Section 5 <strong>of</strong> Rule XI is hereby amended to read as follows:<br />

SECTION 8. EFFECTIVITY OF THE TEMPORARY RESTRAINING ORDER. A<br />

temporary restraining order shall be effective for no longer than twenty (20) days<br />

and shall become void at <strong>the</strong> expiration <strong>of</strong> said twenty (20) days. During <strong>the</strong> said<br />

period, <strong>the</strong> parties shall be required to present evidence to substantiate <strong>the</strong>ir<br />

respective position in <strong>the</strong> main petition.<br />

68. Section 6 <strong>of</strong> Rule XI is hereby amended to read as follows:<br />

SECTION 7. CASH BOND. No temporary restraining order or temporary<br />

injunction shall be issued except on condition that PETITIONER shall first file an<br />

undertaking TO ANSWER FOR THE DAMAGES AND POST A CASH BOND IN<br />

THE AMOUNT NOT less than THIRTY thousand pesos (P30,000.00) OR AS MAY<br />

BE DETERMINED BY THE COMMISSION, to recompense those enjoined for<br />

any loss, expense or damage caused by <strong>the</strong> improvident or erroneous issuance<br />

<strong>of</strong> such order or injunction, including all reasonable costs, toge<strong>the</strong>r with a<br />

reasonable attorneyís fee, and expense <strong>of</strong> defense against <strong>the</strong> ORDER OR<br />

AGAINST THE granting <strong>of</strong> any injunctive relief sought in <strong>the</strong> same proceeding<br />

and subsequently denied by <strong>the</strong> Commission.<br />

69. Section 7 <strong>of</strong> Rule XI is hereby amended to read as follows:<br />

SECTION 10. ORDINARY REMEDY IN LAW OR IN EQUITY. Nothing in this<br />

Rule shall deprive any party having A claim or cause <strong>of</strong> action under or upon<br />

such undertaking from electing to pursue his ordinary remedy by suit at law or in<br />

equity.<br />

70. Section 8 <strong>of</strong> Rule XI is hereby amended to read as follows:<br />

SECTION 5, RECEPTION OF EVIDENCE; DELEGATION. The reception <strong>of</strong><br />

evidence for <strong>the</strong> application <strong>of</strong> a writ <strong>of</strong> injunction may be delegated by <strong>the</strong><br />

Commission to any <strong>of</strong> its Labor Arbiters who shall conduct such hearings in such<br />

places as he may determine to be accessible to <strong>the</strong> parties and <strong>the</strong>ir witnesses,<br />

and shall <strong>the</strong>reafter submit his report/RECOMMENDATION to <strong>the</strong> Commission<br />

within fifteen (15) days from such delegation.<br />

71. Section 10 <strong>of</strong> Rule XI is hereby amended to read as follows:<br />

SECTION 9. EFFECTS OF DEFIANCE. The order or resolution enjoining <strong>the</strong><br />

PERFORMANCE <strong>of</strong> illegal acts shall be immediately executory in accordance<br />

with <strong>the</strong> terms <strong>the</strong>re<strong>of</strong>. In case <strong>of</strong> noncompliance with such order or resolution,<br />

<strong>the</strong> Commission shall impose such sanctions and shall issue such orders as may<br />

be necessary to implement <strong>the</strong> said Order or Resolution, including <strong>the</strong> enlistment

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