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CRISANTO SAN MIGUEL v. J.M. ELBINIAS

This case has been cited 1 times or more.

2007-04-27
AUSTRIA-MARTINEZ, J.
A preliminary injunction or TRO may be granted only when, among others, the applicant, unless exempted by the court, files with the court where the action or proceeding is pending, a bond executed to the party or person enjoined, in an amount to be fixed by the court, to the effect that the applicant will pay such party or person all damages which he may sustain by reason of the injunction or TRO if the court should finally decide that the applicant was not entitled thereto. Upon approval of the requisite bond, a writ of preliminary injunction shall be issued.[29] It has been ruled that the posting of a bond is a condition sine qua non in order that the writ of preliminary injunction may issue.[30]