Preliminary injunction

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.[1] It is a preservative remedy aimed at no other purpose than to preserve and protect certain substantive rights and interests during the pendency of the principal action.

An injunction may be the main action or merely a provisional remedy that is an incident to the main action. As the term itself suggests, a preliminary injunction is merely temporary, and is resorted to only when there is a pressing necessity to avoid injurious consequences that cannot be remedied under any standard of compensation.[2]

The sole purpose of a preliminary injunction is to preserve the status quo until the merits of the main case can be heard.[3] The status quo is the last actual peaceable uncontested status that preceded the controversy.[4] Preliminary Injunction is usually granted to prevent a party from committing an act, or threatening the immediate commission of an act that will cause irreparable injury or destroy the status quo.

[1] Section 1, Rule 58, Revised Rules of Court.

[2] Los Banos Rural Bank, Inc. v. Africa, G.R. No. 143994, July 11, 2002.

[3] Capitol Medical Center v. Court of Appeals, 178 SCRA 493, October 13, 1989.

[4] Rodulfa v. Alfonso, 76 Phil 225 (1946).

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