This case has been cited 2 times or more.
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2010-08-08 |
VILLARAMA, JR., J. |
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| The issuance of a preliminary injunction rests entirely within the discretion of the court taking cognizance of the case and is generally not interfered with except in cases of manifest abuse.[20] For the issuance of the writ of preliminary injunction to be proper, it must be shown that the invasion of the right sought to be protected is material and substantial, that the right of complainant is clear and unmistakable and that there is an urgent and paramount necessity for the writ to prevent serious damage. In the absence of a clear legal right, the issuance of a writ of injunction constitutes grave abuse of discretion.[21] | |||||
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2008-07-23 |
CORONA, J. |
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| On June 10, 1997, petitioners filed a petition for certiorari under Rule 65 of the Rules of Court docketed as CA-G.R. SP No. 44378 assailing the May 26, 1997 RTC resolution and May 30, 1997 alias writ of demolition. On June 11, 1997, the CA issued a temporary restraining order. On July 2, 1997, the CA issued a resolution directing the issuance of a writ of preliminary injunction[17] enjoining the implementation of the assailed resolution and writ. Respondent Reyes questioned this resolution in this Court in G.R. No. 129750. We denied the petition for lack of merit on December 21, 1999. Thereafter, proceedings in CA-G.R. SP No. 44378 continued. | |||||