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CORAZON C. SHIN v. CA

This case has been cited 2 times or more.

2005-10-19
QUISUMBING, J.
Patently, even if RTC judgments in unlawful detainer cases are immediately executory, preliminary injunction may still be granted. There need only be clear showing that there exists a right to be protected and that the acts against which the writ is to be directed violate said right.[16]
2004-11-22
TINGA, J,
Before a writ of preliminary injunction may be issued, there must be a clear showing by the complaint that there exists a right to be protected and that the acts against which the writ is to be directed are violative of the said right.[52] It must be shown that the invasion of the right sought to be protected is material and substantial, that the right of complainant is clear and unmistakable and that there is an urgent and paramount necessity for the writ to prevent serious damage.[53] Moreover, an injunctive remedy may only be resorted to when there is a pressing necessity to avoid injurious consequences which cannot be remedied under any standard compensation.[54]