Department of Justice(DOJ)

Hi! I would like to ask for information on DOJ's comment or clarification with regards the conflict between KAPA's Writ of Preliminary Injunction issued by a Regional Trial Court and Section 179 of the Revised Corporation Code. Does that mean that the preliminary injunction is invalid ab initio?

June 25, 2019

Dear Jomah Cyrus,

Thank you for your request dated Jun 24, 2019 05:46:46 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for KAPA's Writ of Preliminary Injunction.

We received your request on Jun 24, 2019 05:46:46 PM and will respond on or before Jul 15, 2019 05:46:46 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi02MjAzMDQ3NTA5MDIM, for request with ticket number #DOJ-620304750902.

Thank you.

Respectfully,

Irene Dulin
FOI Officer

July 4, 2019

Dear Jomah Cyrus Ofqueria,

Greetings!

Thank you for your request dated Jun 24, 2019 05:46:46 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for the Department's comment on the validity of the Writ of Preliminary Injunction issued in favor of KAPA.

Response to your request

While our aim is to provide information whenever possible, this Office cannot grant your request for comment or clarification in this instance. Pursuant to settled policy and practice, this Department has consistently refrained from expressing its views on matters falling within the primary jurisdiction of another branch, office or agency of the government, in this case, the judiciary, and those under litigation. This practice has evolved not only from practical considerations but also out of respect and deference for the competence of the office having primary jurisdiction to resolve the matter and for its familiarity with the policy repercussions of the resolution of the questions involved. Likewise, this office cannot render opinion or give legal advice on matters which are justiciable in nature or those which may be the subject of a judicial controversy.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Hon. Menardo I. Guevarra, Secretary, Department of Justice, Padre Faura Street, Ermita, Manila. Your review request should explain why you are dissatisfied with this response, and should be made within fifteen (15) calendar days from the date when you have received this letter. We will complete the review and tell you the result within thirty (30) calendar days from the date of receipt of your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.


Respectfully,

FOI Decision Maker

FOI Officer