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CITY GOVERNMENT OF BUTUAN v. CONSOLIDATED BROADCASTING SYSTEM

This case has been cited 5 times or more.

	GR No. 157163 2014-06-25	BANK OF PHILIPPINE ISLANDS v. JUDGE AGAPITO L. ANOSAS BERSAMIN, J.
In City Government of Butuan v. Consolidated Broadcasting System (CBS), Inc.,[29] the Court restated the nature and concept of a writ of preliminary injunction, as follows: A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order requiring a party or a court, an agency, or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it is known as a preliminary mandatory injunction. Thus, a prohibitory injunction is one that commands a party to refrain from doing a particular act, while a mandatory injunction commands the performance of some positive act to correct a wrong in the past.
	GR No. 162757 2013-12-11	UNITED COCONUT PLANTERS BANK v. CHRISTOPHER LUMBO BERSAMIN, J.
(a) The applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts, either for a limited period or perpetually; (b) The commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or (c) A party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done, some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectual. A right is in esse if it exists in fact. In the case of injunction, the right sought to be protected should at least be shown to exist prima facie. Unless such a showing is made, the applicant is not entitled to an injunctive relief. In City Government of Butuan v. Consolidated Broadcasting System (CBS), Inc.,[28] the Court has stressed the essential significance of the applicant for injunction holding a right in esse to be protected, stating:As with all equitable remedies, injunction must be issued only at the instance of a party who possesses sufficient interest in or title to the right or the property sought to be protected. It is proper only when the applicant appears to be entitled to the relief demanded in the complaint, which must aver the existence of the right and the violation of the right, or whose averments must in the minimum constitute a prima facie showing of a right to the final relief sought. Accordingly, the conditions for the issuance of the injunctive writ are: (a) that the right to be protected exists prima facie; (b) that the act sought to be enjoined is violative of that right; and (c) that there is an urgent and paramount necessity for the writ to prevent serious damage. An injunction will not issue to protect a right not in esse, or a right which is merely contingent and may never arise; or to restrain an act which does not give rise to a cause of action; or to prevent the perpetration of an act prohibited by statute. Indeed, a right, to be protected by injunction, means a right clearly founded on or granted by law or is enforceable as a matter of law. (Bold underscoring supplied for emphasis)
	GR No. 176898 2012-12-03	GEORGE S. H. SY v. AUTOBUS TRANSPORT SYSTEMS DEL CASTILLO, J.
A preliminary injunction may be issued at any time before judgment or final order.[69] It may be a prohibitory injunction, which requires a party to refrain from doing a particular act, or a mandatory injunction, which commands a party to perform a positive act to correct a wrong in the past.[70] A writ of preliminary mandatory injunction, however, is more cautiously regarded because it commands the performance of an act.[71] Accordingly, it must be issued only upon a clear showing that the following requisites are established: (1) the applicant has a clear and unmistakable right that must be protected; (2) there is a material and substantial invasion of such right; and (3) there is an urgent need for the writ to prevent irreparable injury to the applicant.[72]
	GR No. 153852 2012-10-24	SPS. HUMBERTO P. DELOS SANTOS AND CARMENCITA M. DELOS SANTOS v. METROPOLITAN BANK BERSAMIN, J.
In City Government of Butuan v. Consolidated Broadcasting System (CBS), Inc.,[27] the Court restated the nature and concept of a writ of preliminary injunction in the following manner, to wit: A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order requiring a party or a court, an agency, or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it is known as a preliminary mandatory injunction. Thus, a prohibitory injunction is one that commands a party to refrain from doing a particular act, while a mandatory injunction commands the performance of some positive act to correct a wrong in the past.
	GR No. 167057 2012-04-11	NERWIN INDUSTRIES CORPORATION v. PNOC-ENERGY DEVELOPMENT CORPORATION BERSAMIN, J.
The existence of a right to be protected by the injunctive relief is indispensable. In City Government of Butuan v. Consolidated Broadcasting System (CBS), Inc.,[15] the Court elaborated on this requirement, viz: As with all equitable remedies, injunction must be issued only at the instance of a party who possesses sufficient interest in or title to the right or the property sought to be protected. It is proper only when the applicant appears to be entitled to the relief demanded in the complaint, which must aver the existence of the right and the violation of the right, or whose averments must in the minimum constitute a prima facie showing of a right to the final relief sought. Accordingly, the conditions for the issuance of the injunctive writ are: (a) that the right to be protected exists prima facie; (b) that the act sought to be enjoined is violative of that right; and (c) that there is an urgent and paramount necessity for the writ to prevent serious damage. An injunction will not issue to protect a right not in esse, or a right which is merely contingent and may never arise; or to restrain an act which does not give rise to a cause of action; or to prevent the perpetration of an act prohibited by statute. Indeed, a right, to be protected by injunction, means a right clearly founded on or granted by law or is enforceable as a matter of law.[16]