Short answer. In a multiple-sala court, yes. Where an application for a preliminary injunction or a temporary restraining order is included in a complaint, the case shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined.

What the law says

(c) When an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading, the case, if filed in a multiple-sala court, shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined.

Rule 58, Section 4 — Verified application and bond for preliminary injunction or temporary restraining order. Read the full provision →

Notice before the raffle, not merely before the hearing

This requirement surprises people because it operates earlier than any hearing. Where an injunction or restraining order is asked for in the complaint itself, and the case is filed in a court with several branches, it shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined. The person to be restrained is entitled to be there when the branch is drawn.

What must accompany the notice

The rule does not stop at notice. That notice must be preceded, or contemporaneously accompanied, by service of summons together with a copy of the complaint or initiatory pleading, the applicant's affidavit, and the bond, on the adverse party in the Philippines. So the person to be enjoined is meant to receive the case papers and see the security being offered before the process goes any further — not to learn of all this from an order already issued.

When the requirement does not apply

There are express carve-outs, and they are narrower than they might appear. Where summons could not be served personally or by substituted service despite diligent efforts, or where the adverse party is a resident of the Philippines temporarily absent from it, or is a non-resident, the requirement of prior or contemporaneous service of summons does not apply. Note what the exception turns on: genuine difficulty in serving, or absence from the country — not the applicant's preference for moving quickly.

Why this is worth checking in your own case

If you were not notified and the case was raffled anyway, that is a defect in the process by which the branch was assigned, and it is a matter to raise squarely and early. Look at what was served on you and when, whether diligent efforts at service were in fact made, and whether the applicant's affidavit and bond came with it. The rule also permits the court to exempt an applicant from the bond, so its absence is not automatically irregular.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.