A preliminary mandatory injunction is more
cautiously regarded than a mere prohibitive injunction since, more than its
function of preserving the status
quo between the parties, it also
commands the performance of an act. Accordingly, the issuance of a writ of
preliminary mandatory injunction is justified only in a clear case, free
from doubt or dispute. When
the complainant's right is doubtful or disputed, he does not have a clear legal
right and, therefore, the issuance of a writ of preliminary mandatory
injunction is improper. While it is not required that the right claimed by
applicant, as basis for seeking injunctive relief, be conclusively established,
it is still necessary to show, at least tentatively, that the right exists and
is not vitiated by any substantial challenge or contradiction. (DELA ROSA VS. VALDEZ [2011]).
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