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MA. CARMINIA C. CALDERON v. JOSE ANTONIO F. ROXAS

This case has been cited 5 times or more.

	GR No. 181789 2016-02-03	GMA NETWORK v. NATIONAL TELECOMMUNICATIONS COMMISSION BRION, J.
Provisional reliefs or remedies are writs and processes that are available during the pendency of the action.[40] A litigant may avail of provisional remedies to preserve and protect certain rights and interests pending the issuance of the final judgment in the case.[41] These remedies are provisional because they are temporary measures availed of during the pendency of the action; they are ancillary because they are mere incidents in and are dependent on the result of the main action.[42]
	GR No. 189509 2015-11-23	METROPOLITAN BANK v. G & P BUILDERS LEONEN, J.
An order is final if "the order or judgment ends the litigation in the lower court."[95] It is interlocutory if the order simply resolves matters incidental to the main case and still leaves something to be done on the part of the court relating to the merits of the case.[96]
	GR No. 189509 2015-11-23	METROPOLITAN BANK v. G & P BUILDERS LEONEN, J.
Moreover, in contrast to a final judgment or order, an interlocutory order "may not be questioned on appeal except only as part of an appeal that may eventually be taken from the final judgment rendered in the case."[100]
	GR No. 179257 2015-11-23	UNITED ALLOY PHILIPPINES CORPORATION v. UNITED COCONUT PLANTERS BANK DEL CASTILLO, J.
"Provisional remedies [also known as ancillary or auxiliary remedies], are writs and processes available during the pendency of the action which may be resorted to by a litigant to preserve and protect certain rights and interests pending rendition, and for purposes of the ultimate effects, of a final judgment in the case. They are provisional because they constitute temporary measures availed of during the pendency of the action, and they are ancillary because they are mere incidents in and are dependent upon the result of the main action."[43] One of the provisional remedies provided in the Rules of Court is preliminary injunction, which may be resorted to by a litigant at any stage of an action or proceeding prior to the judgment or final order to compel a party or a court, agency or a person to refrain from doing a particular act or acts.[44] In Bacolod City Water District v. Hon. Labayen,[45] this Court elucidated that the auxiliary remedy of preliminary injunction persists only until it is dissolved or until the tepnination of the main action without the court issuing a final injunction, viz.: x x x Injunction is a judicial writ, process or proceeding whereby a party is ordered to do or refrain from doing a certain act, It may be the main action or merely a provisional remedy for and as an incident in the main action.
	GR No. 180098 2014-04-02	OFELIA FAUNI REYES v. INSULAR LIFE ASSURANCE CO. BRION, J.
There is a final judgment when the court has adjudicated on the merits of the case or has categorically determined the rights and obligations of the parties in the case. A final judgment, once rendered, leaves nothing more to be done by the court.[22] Consequently, a final judgment also becomes executory by operation of law; it becomes a fact upon the lapse of the reglementary period to appeal if no appeal or motion for new trial or reconsideration is filed or perfected. It becomes incumbent for the clerk of court to enter in the book of entries the judgment and the date of finality of the judgment shall also be deemed to be the date of the entry of judgment.[23] Thereafter, the prevailing party is entitled to a writ of execution, and the issuance of the writ becomes the court's ministerial duty.[24]