Tuesday, February 4, 2014

PRELIMINARY INJUNCTION:

     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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