Thursday, October 9, 2014

JUSTICE PERALTA:

 PRELIMINARY INJUNCTION:  The writ of injunction should never issue when an action for damages would adequately compensate the injuries caused. The very foundation of the jurisdiction to issue the writ rests in the probability of irreparable injury, the inadequacy of pecuniary compensation, and the prevention of the multiplicity of suits, and where facts are not shown to bring the case within these conditions, the relief of injunction should be refused.

        It is settled that a writ of preliminary injunction should be issued only to prevent grave and irreparable injury, that is, injury that is actual, substantial, anddemonstrable. (HEIRS OF MELENCIO YU vs. CA [2013], PERALTA, J).

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