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MILAGROS ROSAURO v. MAYOR PABLO CUNETA

This case has been cited 1 times or more.

2009-01-30
CHICO-NAZARIO, J.
A clear legal right means one clearly founded on or granted by law or is enforceable as a matter of law.[37] The existence of a right violated is a prerequisite to the granting of a writ of preliminary injunction.[38] A writ of preliminary injunction will not issue to protect a right not in esse and which may never arise.[39] It may be issued only if the applicant has clearly shown an actual existing right that should be protected during the pendency of the principal action.[40] In the absence of a clear legal right, or when the applicant's right or title is doubtful or disputed, preliminary injunction is not proper.[41]