This case has been cited 5 times or more.
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2014-07-02 |
PEREZ, J. |
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| The Court has ruled that an issue becomes moot and academic when it ceases to present a justiciable controversy so that a declaration on the issue would be of no practical use or value. In such cases, there is no actual substantial relief to which the plaintiff would be entitled to and which would be negated by the dismissal of the complaint.[15] Courts will decline jurisdiction over moot cases because there is no substantial relief to which petitioner will be entitled and which will anyway be negated by the dismissal of the petition. The Court will therefore abstain from expressing its opinion in a case where no legal relief is needed or called for.[16] | |||||
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2012-09-26 |
BRION, J. |
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| "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] | |||||
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2012-09-18 |
PERALTA, J. |
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| A case becomes moot and academic when it ceases to present a justiciable controversy so that a declaration on the issue would be of no practical use or value.[52] However, a case should not be dismissed simply because one of the issues raised therein had become moot and academic by the onset of a supervening event, whether intended or incidental, if there are other causes which need to be resolved after trial.[53] | |||||
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2007-09-12 |
NACHURA, J. |
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| 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.[47] As a rule, to justify the injunctive relief prayed for, the movant must show: (1) the existence of a right in esse or the existence of a right to be protected; and (2) that the act against which injunction is to be directed is a violation of such right.[48] A "clear legal right" means one clearly founded on or granted by law or is enforceable as a matter of law.[49] The onus probandi is on movant to show that there exists a right to be protected, which is directly threatened by the acts sought to be enjoined. Further, there must be a showing that the invasion of the right is material and substantial and that there is an urgent and paramount necessity for the writ to prevent a serious damage.[50] | |||||
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2007-04-27 |
AUSTRIA-MARTINEZ, J. |
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| Garayblas v. Atienza, Jr.[19] is instructive, to wit: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. The Court has distinguished the main action for injunction from the provisional or ancillary remedy of preliminary injunction, thus: | |||||