Gustilo vs. Real, – A.M. No. MTJ-00-1250, February 28, 2001

Facts:

Issue:
Whether the Judge erred in issuing the Injunctive Writ?

Held:
Yes, before an injunctive writ can be issued, it is essential that the following requisites be present: (1) there must be aright in esse or the existence of a right to be protected; and (2) the act against which injunction to be directed is a violation of such right. The onus probandi is on movant to show that there exists a right to be protected, which is directly threatened by the act sought to be enjoined. Further, there must be a showing that the invasion of the right is material and substantial and that there is an urgent and paramount necessity for the writ to prevent a serious damage.

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