SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENATE 
S.No. 
2969 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'1') 
~EP28 P3:41 
AMENDING PRESIDENTIAL DECREE NO. 605 BANNING THE ISSUANCE BY 
COURTS OF PRELIMINARY INJUNCTIONS IN CASES INVOLVING 
CONCESSIONS, LICENSES, AND OTHER PERMITS ISSUED BY PUBLIC 
ADMINlSTRA TIVE OFFICIALS OR BODIES FOR THE EXPLOIT A TlON OF 
NATURAL RESOURCES 
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 of the Government. 
On the other hand, Presidential 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 public 
administrative issuances for those of judicial judgements 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 of our 
natural resources, the existing prohibition in the issuance of preliminary injunctions by 
courts has abetted questionable and indiscriminate awarding of concessions, licenses, 
permits, patents, or 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.' 
1 This bill was originally filed in the Thilteenth Congress, First Regular Session 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENATE 
) 
) 
) 
'i'~ 
SEP28 P3:41 
S. No. 
2969 
10' U\Li' Hv:_ .. -0 ' 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING PRESIDENTIAL DECREE NO. 605 BANNING THE ISSUANCE BY 
COURTS OF PRELIMINARY INJUNCTIONS IN CASES INVOLVING 
CONCESSIONS, LICENSES, AND OTHER PERMITS ISSUED BY PUBLIC 
ADMINISTRATIVE OFFICIALS OR BODIES FOR THE EXPLOIT A TION OF 
NATURAL RESOURCES 
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 
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follows: 
J 
Section 1. No court of the Philippines shall have jurisdiction to issue 
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any restraining order, preliminary injunction or preliminary mandatory 
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injunction in any case involving or growing out of the issuance, approval or 
6 
disapproval, revocation or suspension of, or any action whatsoever by the 
7 
proper administrative official or body on concessions, licenses, permits, 
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patents, or public grants of any kind in connection with the disposition, 
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exploitation, utilization, exploration, and/or development of the natural 
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resources of the Philippines, UNLESS THE MATTER IS OF THE 
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EXTREME URGENCY INVOLVING NATIONAL INTEREST, 
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SUCH THAT UNLESS A TEMPORARY RESTRAINING ORDER, 
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PRELIMINARY INJUNCTION, OR PRELIMINARY MANDATORY 
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INJUNCTION 
IS 
ISSUED, 
GRAVE 
INJUSTICE 
AND 
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IRREPARABLE INJURY WILL ARISE, AND PROVIDED THE 


APPLICANT SHALL FILE A BOND, IN AN AMOUNT FIXED BY 
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THE COURT, TO THE EFFECT THAT SUCH BOND SHALL 
J 
ACCRUE IN FAVOR OF THE GOVERNMENT IF THE COURT 
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SHOULD FINALLY DECIDE THAT THE APPLICANT WAS NOT 
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ENTITLED THERETO. 
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SECTION 2. Repealing Clause. - All laws, decrees, orders, and issuances, or 
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portions thereof, which are inconsistent with the provisions of this Act, are hereby 
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repealed, amended or modified accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take etTecl fifteen (15) days after 
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its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
laml2015 
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