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Temporary Restraining Order

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1 Temporary Restraining Order on Thu Mar 07, 2013 7:32 pm

nonoy12


Arresto Menor
Hi I am not a law practitioner nor am I studying law. I just want to ask this query, I hope you guys can answer this.


What is the effect of a TRO? Then if an act is punishable under a specific law however this law is under TRO, is that ACT considered a CRIME?


Thanks everyone.. Very Happy

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2 Re: Temporary Restraining Order on Thu Mar 07, 2013 9:20 pm

shad_marasigan


Reclusion Perpetua
The effect of TRO will depend on the prayer of the parties asking for it. For example, for cybercrime law, a petitioner wanted to stop the implementation of the that law, they need to file a TRO together with their petition. Having said that, there is an effect that there is no law until all issues are cleared up.

In your question, the act is not considered a crime as there is no law punishing it when the TRO is effected. Basic in criminal law that one cannot be punished with an act if there is no law punishing on such act.

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3 Re: Temporary Restraining Order on Fri Mar 08, 2013 6:53 am

nonoy12


Arresto Menor
shad_marasigan wrote:The effect of TRO will depend on the prayer of the parties asking for it. For example, for cybercrime law, a petitioner wanted to stop the implementation of the that law, they need to file a TRO together with their petition. Having said that, there is an effect that there is no law until all issues are cleared up.

In your question, the act is not considered a crime as there is no law punishing it when the TRO is effected. Basic in criminal law that one cannot be punished with an act if there is no law punishing on such act.


Thank you atty shad..

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4 Re: Temporary Restraining Order on Sat Mar 09, 2013 5:18 pm

nonoy12


Arresto Menor
Atty, is that without prejudice if the TRO is lifted soon?

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5 Re: Temporary Restraining Order on Sat Mar 09, 2013 11:10 pm

shad_marasigan


Reclusion Perpetua
generally the order to lift is without prejudice as to the rights or claims of a party.

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6 Re: Temporary Restraining Order on Tue Mar 12, 2013 1:00 pm

aamiro


Arresto Menor
hi . need your help . what are those requirements needed to import goods ? thanks

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