By Genalyn Kabiling
President Duterte has appealed to local courts to refrain from hastily issuing injunctions, especially in criminal cases, saying it compels the government to do or cease an action which he believes is “very wrong.”
The judge should consider “clear and convincing evidence” before issuing rash injunctions on cases, the President, who has waged a relentless war on drugs and criminality, said.
Duterte lamented, however, that the issuance of court injunctions is supposed to be free but has apparently become a money-making venture for some.
“Do not hurry up things because I know it is always, pera-pera ‘yan [it’s all about the money],” he told the courts.
“Injunctions are really for free. Either stopping or prohibiting a government entity or persons from doing it or a mandamus compelling us to do something which we think are really, really very wrong,” he added.
An injunction is a court order commanding or prohibiting a specific action while mandamus commands the performance of an official duty.
“As President, I can go hard but there’s always the injunction. Itong mga korte minsan [The courts sometimes] I hope you would stop the practice of issuing injunctions, lalo na sa mga kasong criminal [especially in criminal cases],” he said during the 72nd anniversary of the Philippine Air Force (PAF) in Pasay City last Tuesday.
“Do not, as a matter of course. There has to be a – not only a semblance, a clear and convincing evidence before you issue left and right, stopping this – a government… Do not do that,” he said.
The President previously made a similar appeal to the courts to think twice before issuing restraining orders against government projects. He claimed that some losing bidders tend to file a case and seek court injunctions that only delay the implementation of the project.