REQUISITES FOR INJUNCTION TO BE ISSUED:

     For injunction to issue, two requisites must concur: first, there must be a right to be protected and second, the acts against which the injunction is to be directed are violative of said right. Here, the two requisites are clearly present: there is a right to be protected, that is, respondents’ right over their concrete fence which cannot be removed without due process; and the act, the summary demolition of the concrete fence, against which the injunction is directed, would violate said right.  If petitioner indeed found respondents’ fence to have encroached on the sidewalk, his remedy is not to demolish the same summarily after respondents failed to heed his request to remove it.  Instead, he should go to court and prove respondents’ supposed violations in the construction of the concrete fence.  Indeed, unless a thing is a nuisance per se, it may not be abated summarily without judicial intervention. (Jaime Perez vs. Sps. Fortunate L. Madrona & Yolanda b. Pante, G.R. No. 184478, March 21, 2012, VILLARAMA, JR., J.).