This case has been cited 2 times or more.
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2014-06-25 |
BERSAMIN, J. |
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| A preliminary injunction is an order granted at any stage of an action prior to the judgment or final order requiring a party or a court, agency or a person to refrain from a particular act or acts.[27] It is the "strong arm of equity," an extraordinary peremptory remedy that must be used with extreme caution, affecting as it does the respective rights of the parties.[28] The requirements for the issuance of a writ of preliminary injunction or TRO are enumerated in Section 3, Rule 58 of the Rules of Court, to wit: Section 3. Grounds for issuance of preliminary injunction. - A preliminary injunction may be granted when it is established: | |||||
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2012-10-24 |
BERSAMIN, J. |
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| The foreclosure of a mortgage is but a necessary consequence of the non-payment of an obligation secured by the mortgage. Where the parties have stipulated in their agreement, mortgage contract and promissory note that the mortgagee is authorized to foreclose the mortgage upon the mortgagor's default, the mortgagee has a clear right to the foreclosure in case of the mortgagor's default. Thereby, the issuance of a writ of preliminary injunction upon the application of the mortgagor will be improper.[25] Mindful that an injunction would be a limitation upon the freedom of action of Metrobank, the RTC justifiably refused to grant the petitioners' application for the writ of preliminary injunction. We underscore that the writ could be granted only if the RTC was fully satisfied that the law permitted it and the emergency demanded it.[26] That, needless to state, was not true herein. | |||||