This case has been cited 1 times or more.
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2004-01-16 |
QUISUMBING, J. |
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| Finally, while petitioner prays for the issuance of a writ of preliminary mandatory injunction directing public respondent to reinstate her as Principal I of Agtangao Elementary School, Agtangao, Bangued, Abra, she fails to justify issuance of the writ by showing that (1) the complainant has a clear legal right; (2) his right has been violated and the invasion is material and substantial; and (3) there is an urgent and permanent necessity for the writ to prevent serious damage.[33] Moreover, the right of petitioner seeking the writ must be clear and unmistakable because, unlike an ordinary preliminary injunction, the writ of preliminary mandatory injunction requires the performance of a particular act or acts and thus tends to do more than maintain the status quo.[34] Needless to stress, none of the aforesaid requisites obtains in this case. | |||||