This case has been cited 6 times or more.
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2014-07-18 |
PERLAS-BERNABE, J. |
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| Similarly, no grave abuse of discretion can be attributed against the MeTC in issuing the August 18, 2009 Order directing the execution of its Decision. Section 19, Rule 70 of the Rules of Court provides for the immediate execution of judgment in favor of the plaintiff in ejectment cases, which can only be stayed if the defendant perfects an appeal, files a supersedeas bond, and makes periodic deposit of rental or other reasonable compensation for the use and occupancy of the subject premises during the pendency of the appeal.[43] These requirements are mandatory and concurrent, without which execution will issue as a matter of right.[44] | |||||
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2012-03-14 |
SERENO, J. |
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| A perusal of the Motion for Injunction and its accompanying Affidavit filed before the CA shows that petitioners rely on their alleged right to the full and faithful execution of the MOA. However, while the enforcement of the Writ of Execution, which would nullify the implementation of the MOA, is manifestly prejudicial to petitioners' interests, they have failed to establish in their Petition that they possess a clear legal right that merits the issuance of a writ of preliminary injunction. Their rights under the MOA have already been declared inferior or inexistent in relation to respondent in the RTC case, under a judgment that has become final and executory.[23] At the very least, their rights under the MOA are precisely disputed by respondent. Hence, there can be no "clear and unmistakable" right in favor of petitioners to warrant the issuance of a writ of injunction. Where the complainant's right or title is doubtful or disputed, injunction is not proper.[24] | |||||
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2011-01-10 |
NACHURA, J. |
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| And as clearly explained in Ocampo v. Sison Vda. de Fernandez [19] ¾ | |||||
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2010-11-17 |
PEREZ, J. |
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| Considering that the determination of the factual and legal issues presented in the case can proceed independent of those being litigated in the other cases filed against each other by the members of STRADEC's Board of Directors, we find that the CA finally erred in denying STRADEC's application of a writ of preliminary injunction to restrain (a) CTCII from further exercising proprietary rights over the subject shares; (b) SIDC and its officers from recognizing the transfer or further transfers of the same; (c) the implementation of the resolutions passed during the 20 July 2006 SIDC stockholders' special meeting; and (d) the SEC from acting on any report submitted in respect thereto. A provisional remedy which has, for its object, the preservation of the status quo,[58] preliminary injunction may be resorted to by a party in order to preserve and protect certain rights and interests during the pendency of an action.[59] By both law and jurisprudence, said provisional writ may be issued upon the concurrence of the following essential requisites, to wit: (1) that the invasion of the right is material and substantial; (2) that the right of complainant is clear and unmistakable; and, (3) that there is an urgent and paramount necessity for the writ to prevent serious damage.[60] | |||||
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2009-01-30 |
CHICO-NAZARIO, J. |
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| A clear legal right means one clearly founded on or granted by law or is enforceable as a matter of law.[37] The existence of a right violated is a prerequisite to the granting of a writ of preliminary injunction.[38] A writ of preliminary injunction will not issue to protect a right not in esse and which may never arise.[39] It may be issued only if the applicant has clearly shown an actual existing right that should be protected during the pendency of the principal action.[40] In the absence of a clear legal right, or when the applicant's right or title is doubtful or disputed, preliminary injunction is not proper.[41] | |||||
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2008-04-30 |
AUSTRIA-MARTINEZ, J. |
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| Furthermore, in Ocampo v. Vda. de Fernandez,[13] the Court emphasized thus:It is worthy to reiterate herein the ruling of this Court in Almeida v. Court of Appeals - | |||||