This case has been cited 3 times or more.
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2010-08-09 |
VELASCO JR., J. |
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| prevent threatened or continuous irremediable injury to some of the parties before their claims can be thoroughly studied and adjudicated. Its sole office is to preserve the status quo until the merits of the case can be heard fully. Thus, its issuance is conditioned upon a showing of a clear and unmistakable right that is violated. Moreover, an urgent necessity for its issuance must be shown by the applicant.[33] (Emphasis supplied.) | |||||
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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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2004-11-19 |
AUSTRIA-MARTINEZ, J. |
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| The purpose of a preliminary injunction is to prevent threatened or continuous irremediable injury to some of the parties before their claims can be thoroughly studied and adjudicated. Its sole aim is to preserve the status quo until the merits of the case can be heard fully.[16] Thus, to be entitled to an injunctive writ, the petitioner has the burden to establish the following requisites:[17] | |||||