This case has been cited 2 times or more.
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2012-12-03 |
DEL CASTILLO, J. |
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| A preliminary injunction may be issued at any time before judgment or final order.[69] It may be a prohibitory injunction, which requires a party to refrain from doing a particular act, or a mandatory injunction, which commands a party to perform a positive act to correct a wrong in the past.[70] A writ of preliminary mandatory injunction, however, is more cautiously regarded because it commands the performance of an act.[71] Accordingly, it must be issued only upon a clear showing that the following requisites are established: (1) the applicant has a clear and unmistakable right that must be protected; (2) there is a material and substantial invasion of such right; and (3) there is an urgent need for the writ to prevent irreparable injury to the applicant.[72] | |||||
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2006-02-23 |
CARPIO MORALES, J. |
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| (Emphasis and underscoring supplied; italics in the original) Finding that the requisites for a writ of preliminary injunction to issue, to wit: (1) that the complainant has a clear legal right; (2) that 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,[7] were not present as "the trial court simply adopted the general allegations of the [herein petitioner] in his Complaint which were not supported by proof," the Court of Appeals granted the PNB's petition and accordingly nullified the trial court's Order of January 5, 2004 and Writ of Preliminary Injunction issued on January 9, 2004. | |||||