It is an established doctrine that injunction
will not lie to enjoin a criminal
prosecution because public interest requires that criminal acts be
immediately investigated and prosecuted for the protection of society (Asutilla v. PNB, 225 Phil. 40, 43 (1986).
However, it is also true that various decisions of this Court have laid down exceptions to this rule, among which
are: a. To afford adequate protection
to the constitutional rights of the accused; b. When necessary for the orderly administration of justice or to avoid
oppression or multiplicity of actions;
c. When there is a
pre-judicial question which is sub[-]judice; d. When
the acts of the officer are without or in excess of authority; e. Where the prosecution is under an invalid
law, ordinance or regulation; f. When
double jeopardy is clearly apparent; g. Where the court has no jurisdiction over the offense; h. Where there is a case of persecution
rather than prosecution; i. Where
the charges are manifestly false and motivated by the lust for vengeance; j. When
there is clearly no prima facie case against the accused and a motion to quash
on that ground has been denied; and] [k.] Preliminary
injunction has been issued by the Supreme Court to prevent the threatened
unlawful arrest of petitioners. (PEOPLE OF THE PHILIPPINES, vs. JOSEPH "JOJO" V. GREY, G.R. No. 180109, July 26, 2010, NACHURA, J.)
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