WRIT OF INJUNCTION

To be entitled to an injunctive writ, petitioner must show, inter alia, the

existence of a clear and unmistakable right and an urgent and
paramount necessity for the writ to prevent serious damage. (Wilson
Ong Ching KIan Chuan vs. Court of Appeals and oren!o Tan"
#R No. $%&%'&" August $(" )&&$*
The SC held that in the absence of proof of a legal right and the injury
sustained by the plaintiff, an order of the trial court granting the
issuance of an injunctive writ will be set aside, for having been issued
with grave abuse of discretion. (+evelopers #roup of Co,panies"
In-. vs. Court of Appeals" )$. /CRA 0$( ($..%* -ited in Wilson
Ong Ching KIan Chuan vs. Court of Appeals and oren!o Tan"
#R No. $%&%'&" August $(" )&&$*

R12UI/IT1/3
In order that injunction may issue, two reuisites must concur! "#$ the
existence of a right to be protected% and "&$ the facts against which
the injunction is to be directed are violative of said right. (1duardo
Tan vs. Florita 4ue-o and Rolando 4ue-o" #R No. $5$(5&"
O-to6er )'" )&&$" 7nares8/antiago" J.*
Injunction, like other euitable remedies, should be issued only at the
instance of a suitor who has sufficient interest in or title to the right or
the property sought to be protected. It is proper only when the plaintiff
appears to be entitled to the relief demanded in the complaint. In
particular, the existence of the right and the violation thereof must
appear in the allegations of the complaint and must constitute at least
a prima facie showing of a right to the final relief. Thus, there are two
reuisites conditions for the issuance of a preliminary injunction,
namely, "#$ the right to be protected exists prima facie% and "&$ the
acts sought to be enjoined are violative of that right. It must be proven
that the violation sought to be prevented would cause an irreparable
injustice. (os 9anos Rural 9an:" In-. vs. ;a-ita O. Afri-a" et.al.
#R NO. $5%..5" Jul< $$" )&&)*
;UR;O/1/3
Injunction is a preservative remedy for the protection of one's
substantive right or interest. It is granted only when there is a
pressing necessity to avoid injurious conseuences which cannot be
remedied under any standard compensation. Its issuance rests upon
the existence of an emergency or a special reason before the main
case can be regularly heard. It is for the party reuesting an
injunction to demonstrate clearly the presence of one or more of the
grounds for its issuance. (oren!o ;as-ual" et.al. vs. Judge Cesar
4. +u,lao" et.al." A.4. No. 4TJ8&$8$%(&" Jul< )&" )&&$" 4endo!a"
J.*
(Irreparable injury does not have reference to the amount of damages
that may be caused but rather to the difficulty of measuring the
damages inflicted.) (oren!o ;as-ual" et.al. vs. Judge Cesar 4.
+u,lao" et.al." A.4. No. 4TJ8&$8$%(&" Jul< )&" )&&$" 4endo!a" J.*

The sole objective of a writ of preliminary injunction is to preserve the
status uo until the merits of the case can be heard fully. (=eirs of
Joa>uin Asun-ion vs" #erva-io" Jr. %&5 /CRA %))*
Injunction will not lie to take the property out of control of the party in
possession. (/ ? # #aisano In-orporated vs. =idalgo" $.) /CRA
))5*
* doubtful title plus the fact that defendants were not in possession of
the property prior to the filing of the instant complaint would militate
against the issuance of a writ of preliminary injunction in their favor.
+e who seeks the euitable relief of injunction must come with clean
hands. * litigant maybe denied relief by a court of euity on the
ground that his conduct has been ineuitable, unfair, honest,
fraudulent or deceitful as to the controversy in issue. (;ilapil vs.
#ar-hitorena" ).. /CRA %5%*
It is a basic procedural postulate that a preliminary injunction is not
proper where its purpose is to take the property out of control or
possession of one party and transfer the same to the hands of
another who did not have such control at the inception of the case
and whose title has not been clearly established by law. (Ortane!8
1nderes vs. Court of Appeals" %)$ /CRA @0A*
Injunction contemplates acts being committed or about to be
committed, hence injunction does not lie against acts already
consummated. (Ro,ulo vs. Inigue!" #R No. 0$.&A" Fe6ruar< 5"
$.A'*
NOT13 InBun-tion as a prin-ipal a-tion. (/ee ;la-ido O. Ur6anes"
Jr. vs. Court of Appeals" et.al. #R No. $$0.'5" 4ar-h )A" )&&$*
CInBun-tion is a preservative re,ed< for the
prote-tion of oneDs su6stantive right or interest. It is
granted onl< Ehen there is a pressing ne-essit< to
avoid inBurious -onse>uen-es Ehi-h -annot 6e
re,edied under an< standard -o,pensation. Its
issuan-e rests upon the eFisten-e of an e,ergen-<
or a spe-ial reason 6efore the ,ain -ase -an 6e
regularl< heard. It is for the part< re>uesting an
inBun-tion to de,onstrate -learl< the presen-e of one
or ,ore of the grounds for its issuan-e.G
$
CIt is a 6asi- pro-edural postulate that a preli,inar<
inBun-tion is not proper Ehere its purpose is to ta:e
the propert< out of -ontrol or possession of one part<
and transfer the sa,e to the hands of another Eho
did not have su-h -ontrol at the in-eption of the -ase
and Ehose title has not 6een -learl< esta6lished 6<
laE.G
)

* doubtful title plus the fact that defendants were not in
possession of the property prior to the filing of the instant
1
Lorenzo Pascual, et.al. vs. Judge Cesar M. Dumlao, et.al., A.M. No. MTJ-01-130,
Jul! "0, "001, Mendoza, J.
2
#rtanez-$nderes vs. Court o% A&&eals, 3"1 'C(A )*+.
complaint would militate against the issuance of a writ of
preliminary injunction in their favor.
C=e Eho see:s the e>uita6le relief of inBun-tion ,ust
-o,e Eith -lean hands. A litigant ,a<6e denied relief
6< a -ourt of e>uit< on the ground that his -ondu-t
has 6een ine>uita6le" unfair" honest" fraudulent or
de-eitful as to the -ontrovers< in issue.G
%
*n injunction to stay a final and executory decision is
unavailing, except only after showing that facts and circumstances
exist which would render execution unjust or ineuitable, or that a
change in the situation of the parties occurred. (;hilippine /inter
Corporation vs. Caga<an 1le-tri- ;oEer and ight Co." In-." #.R.
No. $)0%0$" )( April )&&)*
3
P,la&,l vs. -arc.,torena, "// 'C(A 303.