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ST. JAMES COLLEGE OF PARAÑAQUE v. EQUITABLE PCI BANK

This case has been cited 2 times or more.

2012-03-21
MENDOZA, J.
Based on the foregoing provision, the Court in St. James College of Parañaque v. Equitable PCI Bank[31] ruled that the following requisites must be proved before a writ of preliminary injunction will issue: (1) The applicant must have a clear and unmistakable right to be protected, that is, a right in esse;
2011-06-07
CARPIO MORALES, J.
Indeed, a writ of preliminary injunction is issued precisely to prevent threatened or continuous irremediable injury to some of the parties before their claims can be thoroughly studied or adjudicated to preserve the status quo until the merits of the case can be heard fully.  Still, even if it is a temporary and ancillary remedy, its issuance should not be trifled with, and an applicant must convincingly show its entitlement to the relief.  St. James College of Paranaque v. Equitable PCI Bank, [11] explains: Under Section 3, Rule 58 of the Rules of Court, an application for a writ of preliminary injunction may be granted if the following grounds are established, thus: virtual law library