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ACTIVE WOOD PRODUCTS v. IAC

This case has been cited 1 times or more.

2014-03-10
MENDOZA, J.
With regard to the issue of the injunctive bond, the Court has time and again  ruled that the posting of the bond is a condition sine qua non before a writ of preliminary injunction may issue.[42] Its purpose is to secure the person enjoined against any damage that he may sustain in case the court should finally decide that the applicant was not entitled thereto.[43] The rule, does not mean, however, that the injunction maybe disregarded since it becomes effective only after the bond is actually filed in court.[44] In fact,  in the case of Consolidated Workers Union v. Court of Industrial Relations,[45] the Court declared that it was erroneous for the labor court not to require the party to file a bond. Yet, the Court  did not annul the writ of injunction but instead ordered the said court to determine the appropriate amount of bond to be posted by the party.