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support the conclusion that MI did not require any injunctive relief from
UCCP.
ISSUE:
Whether or not the CA erred in dissolving the writ of preliminary
injunction issued against UCCP.
RULING:
A preliminary injunction is defined under Section 1, Rule 58 of the
Rules of Court, as follows:
Section 1. Preliminary injunction defined; classes. 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. x x x
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. The objective of a writ of preliminary injunction is to preserve
the status quo until the merits of the case can be fully heard. Status
quo is the last actual, peaceable and uncontested situation which precedes a
controversy.
Significantly, Section 3, Rule 58 of the Rules of Court, enumerates the
grounds for the issuance of a writ of preliminary injunction:
SEC. 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.
Based on the foregoing provision, the Court in St. James College of
Paraaque v. Equitable PCI Bank ruled that the following requisites must be
proved before a writ of preliminary injunction will issue:
(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. [Underscoring supplied]
It bears stressing that to be entitled to an injunctive writ, the right to be
protected and the violation against that right must be shown. A writ of
preliminary injunction may be issued only upon clear showing of an actual
existing right to be protected during the pendency of the principal
action. When the complainants right or title is doubtful or disputed, he does
not have a clear legal right and, therefore, the issuance of injunctive relief is
not proper.
In the present case, the records fail to reveal any clear and unmistakable
right on the part of petitioners. They posit that they are suing in behalf of
MIs interests bypreventing UCCP from unlawfully wresting control of MIs
properties. Their claimed derivative interest, however, has been disputed by
UCCP in both its Answer with Counterclaim in Special Civil Action Case
No. 03-02 and its Complaint in Civil Case No. 09-2003, wherein MI itself,
represented by Dr. Batitang himself, is its co-petitioner. Evidently, the
conflicting claims of the parties regarding the issue of ownership over MIs
property create the impression that the petitioners derivative right, used as
basis for the issuance of the preliminary injunction, is far from clear.
Petitioners claimed right is still indefinite, at least until it is properly
threshed out in a trial, negating the presence of a right in esse that requires
the protection of an injunctive writ. Verily, petitioners cannot lay claim to
a clear and positive right based on the 2003 Amended AOI, the provisions of
which are strongly disputed and alleged to be invalidly obtained.