May Injunction Issue to Restrain Criminal Prosecution


GENERAL RULE: Criminal prosecution may not be restrained or stayed by injunction, preliminary or final. Public interest requires that criminal acts be immediately investigaged and prosecuted for the protection of society. 

EXCEPTIONS:

1. To afford adequate protection to the constitutional rights of the accused

2. When necessary for the orderly administration of justice or to avoid oppression of multiplicity of actions

3. When there is a prejudicial question

4. When the acts of the officer are without or in excess of authority

5. When double jeopardy is clearly apparent

6. Where the court has no jurisdiction over the offense

7. Where it is a case of persecution rather than prosecution

8. Where the charges are manifestly false and motivated by the lust for vengeance

9. When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied

10. Preliminary injunction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioners.


Source: Oscar M. Herrera, Remedial Law, Book IV, 2007 edition, page 67-68.





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