A Cease and Desist Order Is Similar To A Status Quo Order

A Cease and Desist Order is similar to a Status Quo Order.
In Garcia v. Mojica (372 Phil. 892-893 (1999)),the Court ruled that a cease and
desist order is similar in nature to a status quo order rather than a temporary
restraining order or a preliminary injunction since a status quo order does not
direct the doing or undoing of acts, unlike in the case of prohibitory or
mandatory injunctive relief.48
According to Garcia, a status quo order, as the very term connotes, is merely

intended to maintain the last, actual, peaceable, and uncontested state of things
which preceded the controversy. This order is resorted to when the projected
proceedings in the case made the conservation of the status quo desirable or
essential, but either the affected party did not pray for such relief or
the allegations in the party’s pleading did not sufficiently make out a case for a
temporary restraining order.
In Overseas Workers Welfare Administration v. Chavez, 551 Phil. 890, the

Supreme Court explained the meaning of status quo:
The status quo should be that existing at the time of the filing of the case. The
status quo usually preserved by a preliminary injunction is the last actual,
peaceable and uncontested status which preceded the actual controversy. The
status quo ante litem is, ineluctably, the state of affairs which is existing at the
time of the filing of the case. Indubitably, the trial court must not make use of its
injunctive power to alter such status.
In the present case, complainants want the HLURB to issue a Cease and Desist
Order to stop the implementation of the increase in the Association Dues. If the
same is issued, it is tantamount to resolving the main issue of the case.
What the complainants are actually asking HLURB to do is to order the BOD to
undo the implementation of the increase. It must be noted that the increase has
already been implemented, in fact, majority of the members of the MSREHAI
have already paid their dues based on the increased amount of P5.50/sqm.
The issuance of a Cease and Desist Order prayed for by the complainants is in
fact a prayer for the issuance of a writ of preliminary injunction. The
requirements for the issuance of a writ of preliminary injunction should be
complied with. Sections 3 and 4 of Rule 58 of the Rules of Court states:
Section 3. Grounds for issuance of preliminary injunction. — A

preliminary injunction may be granted when it is established:
(a) That the applicant is entitled to the relief demanded, and the
whole or part of such relief consists in restraining the commission
or continuance of the act or acts complained of, or in requiring the
performance of an act or acts either for a limited period or
perpetually;
(b) That the commission, continuance or non-performance of the

act or acts complained of during the litigation would probably work
injustice to the applicant; or
(c) That a party, court, agency or a person is doing, threatening, or

is attempting to do, or is procuring or suffering to be done some act
or acts probably in violation of the rights of the applicant respecting
the subject of the action or proceeding, and tending to render the
judgment ineffectual.
Section 4. Verified application and bond for preliminary injunction

or temporary restraining order. — A preliminary injunction or
temporary restraining order may be granted only when:
(a) The application in the action or proceeding is verified, and

shows facts entitling the applicant to the relief demanded; and
(b) Unless exempted by the court the applicant files with the court
where the action or proceeding is pending, a bond executed to the
party or person enjoined, in an amount to be fixed by the court, to
the effect that the applicant will pay to such party or person all
damages which he may sustain by reason of the injunction or
temporary restraining order if the court should finally decide that
the applicant was not entitled thereto. Upon approval of the
requisite bond, a writ of preliminary injunction shall be issued. (4a)
(c) When an application for a writ of preliminary injunction or a

temporary restraining order is included in a complaint or any
initiatory pleading, the case, if filed in a multiple-sala court, shall be
raffled only after notice to and in the presence of the adverse party
or the person to be enjoined. In any event, such notice shall be
preceded, or contemporaneously accompanied, by service of
summons, together with a copy of the complaint or initiatory
pleading and the applicant's affidavit and bond, upon the adverse
party in the Philippines.
However, where the summons could not be served personally or

by substituted service despite diligent efforts, or the adverse party
is a resident of the Philippines temporarily absent therefrom or is a
nonresident thereof, the requirement of prior or contemporaneous
service of summons shall not apply.
(d) The application for a temporary restraining order shall

thereafter be acted upon only after all parties are heard in a
summary hearing which shall be conducted within twenty-four (24)
hours after the sheriff's return of service and/or the records are
received by the branch selected by raffle and to which the records
shall be transmitted immediately.
Considering that the complainants are actually seeking for the issuance of a writ
of preliminary injunction, they must comply with requirements laid down by the
rules. Consequently, the prayer for the issuance of a Cease and Desist Order
should be denied.

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A Cease and Desist Order is similar to a Status Quo Order.

According to Garcia, a status quo order, as the very term connotes, is merely

In Overseas Workers Welfare Administration v. Chavez, 551 Phil. 890, the

Section 3. Grounds for issuance of preliminary injunction. — A

(b) That the commission, continuance or non-performance of the

(c) That a party, court, agency or a person is doing, threatening, or

Section 4. Verified application and bond for preliminary injunction

(a) The application in the action or proceeding is verified, and

(c) When an application for a writ of preliminary injunction or a

However, where the summons could not be served personally or

(d) The application for a temporary restraining order shall

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