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Showing 25–48 of 86 articles for “preliminary injunction”

Comelec Divisions, Jurisdiction, and Preliminary Injunctions in Election Protests

The Supreme Court clarifies when a Comelec division's interlocutory order may be assailed via certiorari and the validity of Special Divisions.

Injunctions and Mortgage Foreclosure: Balancing Creditor Rights and Preventing Irreparable Harm

The Supreme Court clarifies when preliminary injunctions may stop mortgage foreclosures, emphasizing that courts must protect only rights that clearly exist.

Preliminary Injunctions and Ombudsman Decisions: The Gabuya Case on Due Process

The Supreme Court clarifies when preliminary injunctions may stop Ombudsman dismissal orders and the consequences of forum shopping.

Loan Default and Foreclosure: When Preliminary Injunction Is Not Available

Philippine Supreme Court clarifies that a borrower in default cannot enjoin foreclosure without a clear legal right, citing TML Gasket v. BPI.

Preliminary Injunction and Foreclosure: When Mortgagors Can Stop a Sale

The Supreme Court clarifies when a mortgagor may obtain a preliminary injunction to stop an extrajudicial foreclosure sale.

Preliminary Injunctions Upholding Foreclosure Rights Absent A Clear Legal Violation

When Dismissal of the Main Case Kills Injunctions and Triggers Forum Shopping

A preliminary injunction dies with the main case. Filing similar suits in different courts is forum shopping.

When a Case Becomes Moot: The Stradcom v. Laqui Ruling on Preliminary Injunctions

The Supreme Court explains the moot and academic doctrine in Stradcom v. Laqui, showing how a preliminary injunction expires with the main case.

Preliminary Injunctions in Philippine Corporate Disputes: Safeguarding Rights Pending Litigation

Learn how the Supreme Court applies preliminary injunction rules in corporate disputes, protecting shareholder rights while cases remain pending.

Service of Judgment to Deceased Lawyer: Ejectment and Annulment in Philippine Courts

Philippine Supreme Court rules on validity of judgment service to deceased counsel, finality of ejectment decisions, and limits of preliminary injunction.

Preliminary Injunctions Protecting Possession Rights in Philippine Property Disputes

Learn how the Supreme Court protected possession rights through preliminary injunctions in Maunlad Homes v. Union Bank, and what this means for property disputes.

Preliminary Injunctions in the Philippines: Preserving Status Quo in Property Disputes

Learn when Philippine courts issue preliminary injunctions to preserve status quo, based on the Supreme Court's ruling in Maunlad Homes v. Union Bank.

Preliminary Injunction and Possession Rights: Maunlad Homes v. Union Bank

When can a property owner be barred from collecting rentals? The Supreme Court explains the limits of ownership rights versus possession in Maunlad Homes v. Union Bank.

Upholding Procedural Rules THE Impermissibility OF Prematurely Challenging Orders IN Preliminary Injunction Cases

Preliminary Injunctions in Ejectment Cases: When Immediate Execution Yields to Equity

The Supreme Court clarifies when appellate courts may issue preliminary injunctions to stay execution of ejectment judgments despite their immediate executory nature.

Preliminary Injunctions in Foreclosure: Clear Legal Right Required

Philippine Supreme Court ruling on when courts may issue preliminary injunctions to stop extrajudicial foreclosure sales.

Cross-Default Clauses and Preliminary Injunctions: Lessons from Lim v. BPI Agribank

When can a borrower stop a bank from foreclosing? The Supreme Court explains the "right in esse" requirement for injunctions.

Dissolution of Preliminary Injunction When Dismissal Trumps Pending Appeal

A preliminary injunction ends automatically when the trial court dismisses the main case, even if an appeal is pending. Here's why.

Mortgage Foreclosure Rights Prevail When Preliminary Injunction Lacks Legal Basis

Supreme Court nullifies preliminary injunction blocking bank foreclosure, ruling debtors' failure to show clear right constitutes grave abuse of discretion.

Preliminary Injunction AND Foreclosure Safeguarding Property Rights Pending Debt Disputes

When Courts Can Stop a Foreclosure: Preliminary Injunctions in Mortgage Disputes

The Supreme Court explains when a court may issue a preliminary injunction to stop a bank's extrajudicial foreclosure pending trial.

When Can a Generic Term Like "Ginebra" Be Protected as a Trademark?

The Supreme Court clarifies when a generic word like "Ginebra" may acquire trademark protection through secondary meaning, and why preliminary injunctions demand a clear right.

The Imperative of Due Process Hearing Requirement for Preliminary Injunctions in Mortgage Disputes

The Supreme Court nullifies a preliminary injunction issued without hearing, underscoring due process in mortgage foreclosure disputes.

Road Lot Rights and Preliminary Injunctions: What Homeowners Must Prove

Philippine Supreme Court ruling on when homeowners can obtain preliminary mandatory injunctions to protect claimed road lot access rights.