Furthermore, there must be a showing that the
invasion of the right is material and substantial and that there is an urgent
and paramount necessity for the writ to prevent serious damage. The
applicant’s right must be clear and unmistakable. In the absence of a clear
legal right, the issuance of the writ constitutes grave abuse of discretion.
Where the applicant’s right or title is doubtful or disputed, injunction is not
proper. The possibility of irreparable damage without proof of an actual
existing right is not a ground for injunction. A clear and positive right
especially calling for judicial protection must be shown. Injunction is not a
remedy to protect or enforce contingent, abstract, or future rights; it will
not issue to protect a right not in esse
and which may never arise, or to restrain an act which does not give rise to a
cause of action. There must exist an actual right. There must be a patent
showing by the applicant that there exists a right to be protected and that the
acts against which the writ is to be directed are violative of said right. (Roman Catholic Archbishop of
San Fernando Pampanga vs. Eduardo
Soriano Jr., et al. ,G.R. No. 153829,
August 17, 2011, VILLARAMA, JR., J.).
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