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LIMITLESS POTENTIALS v. CA

This case has been cited 3 times or more.

2012-03-21
MENDOZA, J.
A preliminary injunction is a provisional remedy that a party may resort to in order to preserve and protect certain rights and interests during the pendency of an action.[29] The objective of a writ of preliminary injunction is to preserve the status quo until the merits of the case can be fully heard.  Status quo is the last actual, peaceable and uncontested situation which precedes a controversy.[30]
2010-11-17
PEREZ, J.
As the owner, STRADEC is undoubtedly possessed of clear and unmistakable rights over the subject SIDC shares which respondent Yujuico pledged in favor of respondent Wong. Unless collectively restrained, the aforesaid acts will completely divest STRADEC of its shares and unfairly deprive it of participation in SIDC's corporate affairs pending the determination of the validity of the impugned transfers.  Given that the parties have already submitted their arguments for and against the writ of preliminary injunction sought, STRADEC is, however, required to put up an injunction bond pursuant to Section 1, Rule 10 of the Interim Rules.[61] Conditioned to answer for damages respondents may sustain as a consequence of the issuance of the writ,[62] the amount of the bond is fixed at P10,000,000.00 which is equivalent to the supposed loan for which STRADEC's shares were pledged by respondent Yujuico.
2008-09-12
QUISUMBING, J.
A preliminary injunction may be granted only when, among other things, the applicant, not explicitly exempted, files with the court where the action or proceeding is pending, a bond executed to the party or person enjoined, in an amount to be fixed by the court, to the effect that the applicant will pay such party or person all damages which he may sustain by reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled thereto. Upon approval of the requisite bond, a writ of preliminary injunction shall be issued. [30]