This case has been cited 4 times or more.
|
2015-07-13 |
LEONARDO-DE CASTRO, J. |
||||
| We cannot hold Allied Bank liable to GGDI for the balance of the purchase price for the subject property as stated in the Deed of Sale given that Allied Bank is neither a party to the said Deed nor an assignee thereof. Granting that Mercado and the other employees of Allied Bank-Pasong Tamo assisted in the execution of the Deed of Sale of the subject property between GGDI and Bienvenida and the transfer of the certificate of title over the subject property to Bienvenida's name, such acts did not make Allied Bank a party to the Deed and liable thereunder. Article 1311 of the Civil Code explicitly provides that "[c]ontracts take effect only between the parties, their assigns and heirs." Contracts take effect only between the parties who execute them. Where there is no privity of contract, there is likewise no obligation or liability to speak about. The civil law principle of relativity of contracts provides that contracts can only bind the parties who entered into it, and it cannot favor or prejudice a third person, even if he is aware of such contract and has acted with knowledge thereof.[50] | |||||
|
2014-03-10 |
MENDOZA, J. |
||||
| Thus, a writ of preliminary injunction may be issued upon the concurrence of the following essential requisites, to wit: (a) the invasion of right sought to be protected is material and substantial; (b) the right of the complainant is clear and unmistakable; and (c) there is an urgent and paramount necessity for the writ to prevent serious damage.[36] While a clear showing of the right is necessary, its existence need not be conclusively established. Hence, to be entitled to the writ, it is sufficient that the complainant shows that he has an ostensible right to the final relief prayed for in his complaint.[37] | |||||
|
2010-08-08 |
VILLARAMA, JR., J. |
||||
| As such, a writ of preliminary injunction may be issued only upon clear showing of an actual existing right to be protected during the pendency of the principal action. The twin requirements of a valid injunction are the existence of a right and its actual or threatened violations. Thus, to be entitled to an injunctive writ, the right to be protected and the violation against that right must be shown.[18] A writ of preliminary injunction may be issued only upon clear showing of an actual existing right to be protected during the pendency of the principal action.[19] | |||||
|
2009-11-05 |
PERALTA, J. |
||||
| As such, a writ of preliminary injunction may be issued only upon clear showing of an actual existing right to be protected during the pendency of the principal action. The twin requirements of a valid injunction are the existence of a right and its actual or threatened violations. Thus, to be entitled to an injunctive writ, the right to be protected and the violation against that right must be shown.[33] Moreover, the rule is well entrenched that the issuance of the writ of preliminary injunction as an ancillary or preventive remedy to secure the right of a party in a pending case rests upon the sound discretion of the trial court.[34] However, if the court commits grave abuse of its discretion in the issuance of the writ of preliminary injunction, such that the act amounts to excess or lack of jurisdiction, the same may be nullified through a writ of certiorari or prohibition.[35] Such grave abuse of discretion in the issuance of writs of preliminary injunction implies a capricious and whimsical exercise of judgment that is equivalent to lack of jurisdiction or whether the power is exercised in an arbitrary or despotic manner by reason of passion, prejudice or personal aversion amounting to an evasion of positive duty or to a virtual refusal to perform the duty enjoined, or to act at all in contemplation of law. For the extraordinary writ of certiorari to lie, there must be a capricious, arbitrary and whimsical exercise of power.[36] | |||||