This case has been cited 1 times or more.
|
2005-10-25 |
YNARES-SANTIAGO, J. |
||||
| Furthermore, even if the validity of the law itself is assailed, courts are not precluded from issuing an injunctive writ against the enforcement of the challenged statute. Thus, in Filipino Metals Corporation v. Secretary of Department of Trade and Industry,[21] the Court upheld the writ of preliminary injunction issued by the court a quo enjoining the implementation of Republic Act No. 8800, also known as the Safeguard Measures Act. As explained by the Court:We have ruled that when the petitioner assailing a statute has made out a case of unconstitutionality strong enough to overcome, in the mind of the judge, the presumption of validity, in addition to a showing of a clear legal right to the remedy sought, the court should issue a writ of preliminary injunction. | |||||