This case has been cited 2 times or more.
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2007-04-24 |
CHICO-NAZARIO, J. |
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| 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.[19] It is an order granted at any stage of an action, prior to the judgment or final order, requiring a party, court, agency or person to perform or to refrain from performing a particular act or acts. A preliminary injunction, as the term itself suggests, is merely temporary, subject to the final disposition of the principal action.[20] It is issued to preserve the status quo ante, which is the last actual, peaceful, and uncontested status that preceded the actual controversy,[21] in order to protect the rights of the plaintiff during the pendency of the suit. Otherwise, if no preliminary injunction is issued, the defendant may, before final judgment, do the act which the plaintiff is seeking the court to restrain. This will make ineffectual the final judgment that the court may afterwards render in granting relief to the plaintiff.[22] The status quo should be existing ante litem motam, or at the time of the filing of the case. For this reason, a preliminary injunction should not establish new relations between the parties, but merely maintain or re-establish the pre-existing relationship between them.[23] | |||||
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2007-03-28 |
CHICO-NAZARIO, J. |
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| Parenthetically, this petition affords us the opportunity to once again reiterate the rule that the issuance of the writ of preliminary injunction rests entirely within the discretion of the court and generally not interfered with except in case of manifest abuse. The assessment and evaluation of evidence in the issuance of the writ of preliminary injunction involve finding of facts ordinarily left to the trial court for its conclusive determination.[28] | |||||