This case has been cited 2 times or more.
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2006-08-10 |
CORONA, J. |
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| Injunction is resorted to only when there is a pressing necessity to avoid injurious consequences which cannot be remedied under any standard compensation.[7] As correctly ruled by the CA, there was an extreme urgency to grant the preliminary injunction prayed for by P&GP considering that TV commercials are aired for a limited period of time only. In fact, this Court takes note of the fact that the TV commercial in issue the Kite TV advertisement is no longer aired today, more than 10 years after the injunction was granted on September 16, 1994. | |||||
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2006-08-10 |
CORONA, J. |
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| The writ of preliminary injunction is issued by the trial court to prevent threatened or continuous irremediable injury to parties before their claims can be thoroughly studied and adjudicated.[14] Its sole objective is to preserve the status quo until the merits of the case can be heard fully.[15] To warrant the issuance of an injunctive writ, all that is necessary is for the party seeking it to show that injurious consequences will result if the writ is not issued.[16] In this case, pending the final determination of their conflicting claims, the trial court deemed it best to issue the assailed writ to avert any deleterious effect (of padlocking or repossessing) on both parties' interests under the lease contract. | |||||