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D.C.Crystal, Inc. vs. Alfredo C. Laya, etal.

D.C. CRYSTAL, INC., petitioner, vs. HON. ALFREDO C. LAYA, Judge, CFI, Cebu, Br. IX, and CORAZON Y. LUA, respondents.

G.R. No. 53597 | 1989-02-28

D E C I S I O N


NARVASA, J.:

The law says that "(n)o preliminary injunction shall he granted without notice to the defendant unless it shall appear from facts shown by affidavits or by the verified complaint that great or irreparable injury would result to the applicant before the matter can be heard on notice . . ." 1 It was avowedly on the authority of this provision that the respondent Judge issued the Order dated February 26, 1980 now impugned in the proceedings at bar. The Order contained the following determination: 2

WHEREFORE, upon authority of Sections 1 and 5, Rule 5, of the Rules of Court, upon plaintiffs filing of a bond in...