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. 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.
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