This case has been cited 1 times or more.
|
2007-03-28 |
TINGA, J. |
||||
| On 5 May 2004, the Fifth Division of the Court of Appeals promulgated a Decision[17] in CA-G.R. SP No. 74784 denying the petition for lack of merit. The appellate court ruled:In denying petitioner's petition for the issuance of a preliminary injunction to enjoin the implementation of the writ of demolition issued by the 5th MTC of Gerona-Ramos-Pura, public respondent Judge had as its basis the findings of [the] MTC, which was later affirmed by the 4th Division of this court. Their findings indicate that the house which is now the subject of a writ of demolition, was erected by the sisters of the petitioner and not by petitioner herself. On this score alone, public respondent Judge denied petitioner's application for injunction. The rule is well-entrenched that the issuance of the writ of preliminary injunction as an ancillary or preventive remedy to secure the right of party in a pending case rests upon the sound discretion of the trial court.[18] Rule 58, Section 7 of the Rules of Court gives generous latitude to the trial court in this regard for the reason that conflicting claim[s] in an application for a provisional writ more often that not involve a factual determination which is not the function of the appellate courts. Hence, the exercise of sound judicial discretion by the trial court in injunctive matters must not be interfered with except when there is manifest abuse. | |||||