This case has been cited 2 times or more.
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2010-08-09 |
VELASCO JR., J. |
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| Basically, petitioners fault the appellate court for citing and relying on Toyota Motor Philippines Corporation Workers' Association v. Court of Appeals (Toyota)[31] and Estares v. Court of Appeals[32] in support of its disposition on their non-entitlement to a preliminary injunctive writ. Pursuing this point, petitioners posit the inapplicability of Toyota, as that case involved the issuance of a writ of preliminary mandatory injunction, not a writ of preliminary prohibitory injunction, as here. And Estares, they argue, was cast against and revolved around a different factual issue, for the debtors Estares spouses in Estares, unlike petitioners, did not question the statement of account given them by the lending institution and failed to establish their entitlement to the injunctive writ. | |||||
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2006-11-02 |
VELASCO, JR., J. |
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| Section 1, Rule 58 of the Rules of Court, as amended, defines a preliminary injunction as an order granted at any stage of an action prior to the judgment or final order requiring a party or a court, agency or a person to refrain from a particular act or acts. Injunction is accepted as the strong arm of equity or a transcendent remedy to be used cautiously as it affects the respective rights of the parties, and only upon full conviction on the part of the court of its extreme necessity. As an extraordinary remedy, injunction is designed to preserve or maintain the status quo of things and is generally availed of to present actual or threatened acts until the merits of the case can be heard. It may be resorted to only by a litigant for the preservation or protection of his rights or interests and for no other purpose during the pendency of the principal action. It is resorted to only when there is a pressing necessity to avoid injurious consequences, which cannot be remedied under any standard compensation. The resolution of an application for a writ of preliminary injunction rests upon the existence of an emergency or of a special recourse before the main case can be heard in due course of proceedings. [23] | |||||