This case has been cited 2 times or more.
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2003-08-05 |
YNARES-SANTIAGO, J. |
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| The order granting a writ of preliminary injunction is an interlocutory order; as such, it cannot by itself be subject of an appeal or a petition for review on certiorari. The proper remedy of a party aggrieved by such an order is to bring an ordinary appeal from an adverse judgment in the main case, citing therein the grounds for assailing the interlocutory order. However, the party concerned may file a petition for certiorari where the assailed order is patently erroneous and appeal would not afford adequate and expeditious relief.[21] On the substantive issue of whether the order for the arrest of petitioner's manager, Mr. Alex Lorayes by the PARAD, was valid, Rule XVIII of the 2003 DARAB Rules reads, in pertinent part:Section 2. Indirect Contempt. - The Board or any of its members or its Adjudicator may also cite and punish any person for indirect contempt on any of the grounds and in the manner prescribed under Rule 71 of the Revised Rules of Court. In this connection, Rule 71, Section 4 of the 1997 Rules of Civil Procedure, which deals with the commencement of indirect contempt proceedings, provides: | |||||
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2001-08-10 |
YNARES-SANTIAGO, J. |
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| The fact that the aforesaid Order was merely provisional in character may be gleaned from the very nature of the injunctive writ granted. Generally, injunction is a preservative remedy for the protection of one's substantive right or interest. It is not a cause of action in itself but merely a provisional remedy, an adjunct to a main suit.[22] Thus, it has been held that an order granting a writ of preliminary injunction is an interlocutory order.[23] As distinguished from a final order which disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing else to be done but to enforce by execution what has been determined by the court, an interlocutory order does not dispose of a case completely, but leaves something more to be adjudicated upon.[24] | |||||