Injunction is
a judicial writ, process or proceeding whereby a party is directed either to
do a particular act, in which case it is called a mandatory injunction or to refrain from doing a particular act,
in which case it is called a prohibitory
injunction. As a main action,
injunction seeks to permanently enjoin the defendant through a final injunction
issued by the court and contained in the judgment (Section 9, Rule 58 of the 1997 Rules of Civil Procedure). Two
(2) requisites must concur for injunction to issue: (1) there must be a
right to be protected and (2) the acts against which the injunction
is to be directed are violative of said right. x x x To authorize a temporary
injunction, the complainant must make out at least a prima facie showing of a
right to the final relief. Preliminary
injunction will not issue to protect a right not in esse. These principles are equally relevant to
actions seeking permanent injunction (PHIL.
ECONOMIC ZONE AUTHORITY, et al. vs. JOSEPH JUDE CARATES, G.R. No. 181274, June
23, 2010, Third Division, Villarama, Jr. J.).
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