This case has been cited 1 times or more.
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2007-04-24 |
CHICO-NAZARIO, J. |
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| The damages sustained as a result of a wrongfully obtained injunction may be recovered upon the injunction bond which is required to be deposited with court.[27] Rule 57, Section 20, of the 1997 Revised Rules of Civil Procedure, which is similarly applicable to preliminary injunction,[28] has outlined the procedure for the filing of a claim for damages against an injunction bond. The aforesaid provision of law pertinently provides:SEC. 20. Claim for damages on account of improper, irregular or excessive attachment. - An application for damages on account of improper, irregular or excessive attachment must be filed before the trial or before appeal is perfected or before the judgment becomes executory, with due notice to the attaching party and his surety or sureties, setting forth the facts showing his right to damages and the amount thereof. Such damages may be awarded only after proper hearing and shall be included in the judgment on the main case. | |||||