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Requisites for Preliminary Injunction

The document summarizes the legal grounds and requirements for issuing a writ of preliminary injunction according to Philippine Rules of Court and jurisprudence. Specifically: 1) A writ may be issued if it is established that the applicant is entitled to relief that restrains an act, requires an act's performance, and commission of the act during litigation would cause injustice. 2) The applicant must prove they have a clear right to protect, this right is being invaded, there is urgent need to prevent irreparable injury, and no other remedy exists. 3) The applicant need only provide prima facie or sample evidence, not complete evidence, since the goal is to understand if a preliminary injunction is justified pending a decision

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37 views2 pages

Requisites for Preliminary Injunction

The document summarizes the legal grounds and requirements for issuing a writ of preliminary injunction according to Philippine Rules of Court and jurisprudence. Specifically: 1) A writ may be issued if it is established that the applicant is entitled to relief that restrains an act, requires an act's performance, and commission of the act during litigation would cause injustice. 2) The applicant must prove they have a clear right to protect, this right is being invaded, there is urgent need to prevent irreparable injury, and no other remedy exists. 3) The applicant need only provide prima facie or sample evidence, not complete evidence, since the goal is to understand if a preliminary injunction is justified pending a decision

Uploaded by

Marvi Roa
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Rule 58, Section 3 of the Rules of Court provides the instances when a writ

of preliminary injunction may be issued:

Section 3. Grounds for issuance of preliminary injunction. - A preliminary


injunction may be granted when it is established:

(a) That the applicant is entitled to the relief demanded, and the whole
or part of such relief consists in restraining the commission or
continuance of the act or acts complained of: or in requiring the
performance of an act or acts, either for a limited period or perpetually;

(b) That the commission, continuance or non-performance of the act or


acts complained of during the litigation would probably work injustice
to the applicant; or

(c) That a party, court, agency or a person is doing, threatening, or is


attempting to do, or is procuring or suffering to be done, some act or
acts probably in violation of the rights of the applicant respecting the
subject of the action or proceeding, and tending to render the judgment
ineffectual.

Jurisprudence has likewise established that the following requisites must be


proven first before a writ of preliminary injunction, whether mandatory or
prohibitory, may be issued:

(1) The applicant must have a clear and unmistakable right to be protected,
that is a right in esse;

(2) There is a material and substantial invasion of such right;

(3) There is an urgent need for the writ to prevent irreparable injury to the
applicant; and (4) No other ordinary, speedy, and adequate remedy exists to
prevent the infliction of irreparable injury.1

In satisfying these requisites, the applicant for the writ need not substantiate
his or her claim with complete and conclusive evidence since only prima
facie evidence2  or a sampling is required "to give the court an idea of the
justification for the preliminary injunction pending the decision of the case on
the merits3."

Tan v. Hosana4 defines prima facie evidence as evidence that is "good and


sufficient on its face. Such evidence as, in the judgment of the law, is sufficient
to establish a given fact, or the group or chain of facts constituting the· party's

1
St. James College of P aranaque 11. Equitabl? PCI Bank, 641 Phil. 452, 466 (2010) [Per J. Velasco, Jr., First Division] citing
Bifian Steel Corporation v. Court a/Appeals, 439 Phil. 688, 703-704 (2002) [Per J. Corona, Third Division] and Hutchison
Ports Philippines Ltd v. Subic Bay Metropolitan Authority, 393 Phil. 843, 859 (2000) [Per J. Ynares-Santiago, First Division].
2
Republic v. Evangelista, 504 Phil. 115, 123 (2005) [Per J. Puno, Second Division], citing Buayan Cattle Co., Inc. v.
Quintilian, 213 Phil. 244, 254 (1984) [Per J, Makasiar, Second Division].
3
Olalia v. Hizon, 274 Phil 66, 72 (1991) (Per J. Cruz, First Division].
4
G.R. No. 190846. February 3, 2016, 783 SCRA 87 [Per J. Brion, Second Division]
claim or defense and which if not rebutted or contradicted, will remain
sufficient."5

Spouses Nisce v. Equitable PCI Bank6 then discussed the requisites and the
proof required for the issuance of a writ of preliminary injunction:

The plaintiff praying for a writ of preliminary injunction must further


establish that he or she has a present and unmistakable right to be protected;
that the facts against which injunction is directed violate such right; and there
is a special and paramount necessity for the writ to prevent serious damages.
In the absence of proof of a legal right and the injury sustained by the plaintiff,
an order for the issuance of a writ of preliminary injunction will be nullified.
Thus, where the plaintiff's right is doubtful or disputed, a preliminary injunction
is not proper. The possibility of irreparable damage without proof of an actual
existing right is not a ground for a preliminary injunction.

5
Id. at 101 citing Wa-acon v. feople, 539 Phil. 485 (2006) [Per J. Velasco, Third Division].
6
545 Phil. 138 (2007) [Per J. Callejo, Sr., Third Division].

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