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JULIO E. T. SALES v. SECURITIES

This case has been cited 2 times or more.

2012-09-26
BRION, J.
"Injunction is a judicial writ, process or proceeding whereby a party is ordered to do or refrain from doing a certain act. It may be the main action or merely a provisional remedy for and as an incident in the main action."[45] For an injunction to issue, the following essential requisites must be present: (1) there must be a right in esse or the existence of a right to be protected; and (2) the act against which the injunction is directed to constitute a violation of such right.[46]
2010-08-09
VELASCO JR., J.
In all then, the preliminary evidence presented by petitioners and the allegations in their complaint did not clearly make out any entitlement to the injunctive relief prayed for.  Consequently, the RTC gravely abused its discretion in granting the writ of preliminary injunction.  Trial courts are reminded to see to it that applications for preliminary injunction clearly allege facts and circumstances showing the existence of the requisites.[43]  We need not stress that an application for injunctive relief is construed strictly against the pleader.[44]  Here, petitioners have not sufficiently shown the presence of the requisites for their entitlement to the writ.  Perforce, the injunctive writ issued by the trial court must be recalled.