THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 8, Section 1, provides: 
The judicial power shall be vested in one Supreme Court and in such 
lower courts as may be established by law. 
Judicial power includes the duty of the courts of justice to settle actual controversies 
involving rights which are legally demandable and enforceable, and to determine whether or not 
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part 
of any branch or instrumentality o f  the Government. 
On the other hand, President Decree No, 605, Section 1, states: 
No court of the Philippines shall have jurisdiction to issue any restraining 
order, preliminary injunction or preliminary mandatory injunction in any case 
involving or growing out of the issuance, approval or disapproval, revocation or 
suspension of, or any action whatsoever by the proper administrative official or 
body on concessions, licenses, permits, patents, or public grants of any kind in 
connection with the disposition, exploitation, utilization, exploration, and/or 
development of the natural resources of the Philippines. 
The evident purpose of P.D. No. 605 is to prevent the substitution of judicial judgments 
for those of public administrative officials in disputes involving the disposition or utilization of 
the natural resources of the country. The decree seeks to leave to administrative agencies the 
authority to decide controversies involving licenses, permits, patents or public grants in 
connection with natural resources, apparently relying on their expertise. 
However, instead of facilitating the development and proper utilization o f  our natural 
resources, the existing prohibition in the issuance of preliminary injunctions by courts has 
abetted questionable and indiscriminate awarding o f  concessions, licenses, permits, patents, por 
public grants by the very officials tasked to protect our natural resources. Thus, there is a need to 
amend this law in the interest of transparency and fairness. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
’04 
-4 
P3 :(I9 
First Regular Session 
1 
S. B. No, SENYi40 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING PRESIDENTIAL DECREE NO. 605 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled 
SECTION 1. Presidential Decree No. 605, Section 1, is hereby amended to read as 
follows: 
Section 1. No court of the Philippine shall have jurisdiction to issue any 
restraining order, preliminary injunction or preliminary mandatory injunction in 
any case involving or growing out of the issuance, approval or disapproval, 
revocation or suspension of, or any action whatsoever by the proper 
administrative official or body on concessions, licenses, permits, patents, or 
public grants of any kind in connection with the disposition, exploitation, 
utilization, exploration, andor development of the natural resources of the 
Philippines, UNLESS THE MATTER IS OF THE EXTREME URGENCY 
INVOLVING 
NATIONAL 
INTEREST, 
SUCH 
THAT 
UNLESS 
A 
TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, OR 
PRELIMINARY 
MANDATORY INJUNCTION IS 
ISSUED, 
GRAVE 
INJUSTICE AND IRREPARABLE INJURY WILL ARISE, AND PROVIDED 
THE APPLICANT SHALL FILE A BOND, IN AN AMOUNT FIXED BY THE 
COURT, TO THE EFFECT THAT SUCH BOND SHALL ACCRUE IN FAVOR 
OF THE GOVERNMENT IF THE COURT SHOULD FINALLY DECIDE 
THAT THE APPLICANT WAS NOT ENTITLED THERETO.” 


SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
11161 Ifd