This case has been cited 3 times or more.
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2007-09-03 |
GARCIA, J. |
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| A preliminary injunction is a provisional remedy, an adjunct to the main case subject to the latter's outcome. Its sole objective is to preserve the status quo until the trial court hears fully the merits of the case. Its primary purpose is not to correct a wrong already consummated, or to redress an injury already sustained, or to punish wrongful acts already committed, but to preserve and protect the rights of the litigants during the pendency of the case.[22] From the record, it may be seen that if respondent Cua suffered any perceived injury or wrong at all, the same had already been consummated. In the first place, Cua, in the lower court, prayed, inter alia, in his complaint in Civil Case No. 115404, that petitioner Chan Cuan be compelled by mandatory injunction to hold a meeting for the sole purpose of electing a new set of board of trustees, which Chan Cuan did, as ordered by the trial court. As a result of that meeting, Shao was elected to the board of trustees. And yet now, before us, Cua wants to annul the elections which he himself sought in the first instance. This, we cannot allow. Taking cue from his failure to object to Shao's entry into the corporation as a regular member in 2004, Cua may not be allowed the injunctive remedy he now seeks. Any perceived injury he suffered was brought by him upon himself. Injunction is not a remedy that will dispose of the main case without trial on the merits.[23] If Shao were to be enjoined from sitting as elected member and trustee, then we would be assuming the proposition which the respondents themselves are inceptively bound to prove, whereas the preliminary evidence shows otherwise. The claim that the by-laws of the corporation provide that the admission to membership of Shao should have been taken up in a regular annual meeting and not in a joint special meeting, may not deprive Shao of the privilege of membership, in the wake of the trial court's appreciation of the initial evidence which shows that by practice and tradition, the by-laws of the corporation prescribing the annual regular meeting of the members and trustees have not been followed for the last sixty years; instead, the corporation has been holding its meetings at least six times each year. | |||||
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2005-06-08 |
AUSTRIA-MARTINEZ, J. |
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| The absence of republication of the notice of auction sale is a factual matter which by the weight of judicial precedents cannot be inquired into by this Court in a petition for certiorari. It is best addressed to the attention of the trial court and taken up in the trial of the case, necessitating presentation of evidence by both parties. The propriety of the auction sale is a matter which the trial court is in the best position to determine. For it is basic that certiorari under Rule 65 is a remedy narrow in scope and inflexible in character. It is not a general utility tool in the legal workshop.[40] It offers only a limited form of review. Its principal function is to keep an inferior tribunal within its jurisdiction.[41] It can be invoked only for an error of jurisdiction, that is, one where the act complained of was issued by the court, officer or a quasi-judicial body without or in excess of jurisdiction, or with grave abuse of discretion which is tantamount to lack or in excess of jurisdiction,[42] not to be used for any other purpose,[43] such as to cure errors in proceedings or to correct erroneous conclusions of law or fact.[44] Again suffice it to say that the only issue settled here is the propriety of the non-issuance of a writ of preliminary injunction pending the final outcome of the case. | |||||
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2005-04-12 |
AUSTRIA-MARTINEZ, J. |
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| To be sure, certiorari under Rule 65[56] is a remedy narrow in scope and inflexible in character. It is not a general utility tool in the legal workshop.[57] It offers only a limited form of review. Its principal function is to keep an inferior tribunal within its jurisdiction.[58] It can be invoked only for an error of jurisdiction, that is, one where the act complained of was issued by the court, officer or a quasi-judicial body without or in excess of jurisdiction, or with grave abuse of discretion which is tantamount to lack or in excess of jurisdiction,[59] not to be used for any other purpose,[60] such as to cure errors in proceedings or to correct erroneous conclusions of law or fact.[61] A contrary rule would lead to confusion, and seriously hamper the administration of justice. | |||||