A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency, or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it shall be known as a preliminary mandatory injunction. (Section 1, Rule 58)
Preliminary injunction is a provisional remedy. The court may grant it at any time after the start of the case and before judgment, while the case is still being heard on the merits, when the court finds that the plaintiff is entitled to the relief demanded and only when his complaint shows facts entitling such reliefs. A writ of preliminary injunction is generally based solely on initial and incomplete evidence. The opinion and findings of fact of a court when issuing a writ of preliminary injunction are interlocutory (given provisionally) in nature and made even before the trial on the merits is completed. (La Vista Association vs. Court of Appeals, G.R. No. 95252. September 5, 1997)
Consequently there may be vital facts subsequently presented during the trial which were not obtaining when the writ of preliminary injunction was issued. Hence, to equate the basis for the issuance of a preliminary injunction with that for the issuance of a final injunctive writ is erroneous. And it does not necessarily mean that when a writ of preliminary injunction issues a final injunction follows. (Ibid)
Featured Posts
Popular Posts
Disclaimer
The articles in this blog are the writer's own opinion, views or report of facts, AND SHOULD NOT SUBSTITUTE for official documents or issuances, or the advice of an independent and competent legal counsel. We do not warrant the accuracy and suitability of these articles for whatever purpose you may have in copying them. Thank you.
Vital Links
Privacy Policy
This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you accept the practices described here.
Collection of Information
We collect personally identifiable information, like names, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request, unless you give us permission to use it in another manner, for example, to add you to one of our mailing lists.Cookie/Tracking Technology
Our site may use cookies and tracking technology which are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the Site. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Third parties such as our advertisers may also use cookies to collect information in the course of serving ads to you. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.Distribution of Information
We do not share your personally identifiable information to any third party for marketing purposes. However, we may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized staff of this site (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.Privacy Contact Information
If you have any questions, concerns, or comments about our privacy policy you may contact us by email at barops@gmail.com.We reserve the right to make changes to this policy. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
Posts
