Back

UCPBank vs United Alloy Philippines Corp

UNITED COCONUT PLANTERS BANK, versus UNITED ALLOY PHILIPPINES CORPORATION, Respondent.

G.R. No. 152238 | 2005-01-28



THIRD DIVISION
DECISION

PANGANIBAN, J.:

An order granting a preliminary injunction, whether mandatory or prohibitory, is interlocutory and unappealable.  However, it may be challenged by a petition for certiorari under Rule 65 of the Rules of Court.  Being preliminary, such an order need not strictly follow Section 5 of Rule 51 requiring that “every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and conclusions of law on which it is based x x x.”

The Case

Before us is a special civil action for certiorari[1] under Rule 65 of the Rules of Court, challenging the...