This case has been cited 2 times or more.
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2007-10-15 |
CARPIO MORALES, J. |
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| Eighth. A court may issue a writ of preliminary injunction only when the petitioner assailing a statute has made out a case of unconstitutionality or invalidity strong enough, in the mind of the judge, to overcome the presumption of validity, in addition to a showing of a clear legal right to the remedy sought.[48] | |||||
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2007-08-02 |
CORONA, J. |
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| A preliminary injunction is an order granted at any stage of an action prior to judgment of final order, requiring a party, court, agency, or person to refrain from a particular act or acts.[28] It is a preservative remedy aimed to protect the complainant's substantive rights and interests during the pendency of the principal action.[29] It is proper only when the plaintiff appears to be entitled to the relief demanded in the complaint.[30] Thus, there are two conditions for the issuance of a preliminary injunction: (1) a clear right to be protected exists prima facie and (2) the acts sought to be enjoined are violative of that right.[31] The issuance of a writ of preliminary injunction is addressed to the sound discretion of the court.[32] | |||||