This case has been cited 3 times or more.
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2009-12-21 |
CARPIO MORALES, J. |
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| On the lifetime of the writ of preliminary injunction, the trial court held that it is its "illumined opinion that the matter of whether a writ of preliminary injunction remains valid until the decision annulling the same attains finality is not firmly entrenched in jurisprudence, contrary to the position of the defendants." It thereupon quoted a portion of the ruling in the 2006 case of Lee v. Court of Appeals,[6] to wit: Furthermore, notwithstanding the stand of both parties, the fact remains that the Decision of the Court of Appeals annulling the grant of preliminary injunction in favor of petitioners has not yet become final on 14 December 2000. In fact, such Decision has not yet become final and executory even on the very date of this Decision, in view of petitioners' appeal with us under Rule 45 of the 1997 Rules of Civil Procedure. The preliminary injunction, therefore, issued by the trial court remains valid until the Decision of the Court of Appeals annulling the same attains finality, and violation thereof constitutes indirect contempt which, however, requires either a formal charge or a verified petition.[7] (underscoring in the original decision) | |||||
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2007-10-09 |
NACHURA, J. |
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| An injunction or restraining order must be obeyed while it remains in full force and effect until the injunction or restraining order has been set aside, vacated, or modified by the court which granted it, or until the order or decree awarding it has been reversed on appeal. The injunction must be obeyed irrespective of the ultimate validity of the order, and no matter how unreasonable and unjust the injunction may be in its terms.[34] | |||||