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Secretary Emilia T. Boncodin vs. NAPOCOR

Honorable Secretary EMILIA T. BONCODIN of the Department of Budget and Management (DBM) Petitioner, vs. NATIONAL POWER CORPORATION EMPLOYEES CONSOLIDATED UNION (NECU)

G.R. No. 162716 | 2006-09-27

EN BANC
 
DECISION
 
PANGANIBAN, CJ:
 
Injunction is an extraordinary peremptory remedy available only when the claimant can show a clear and positive right that must be protected.  When the alleged right is unclear or dubious, the injunctive writ cannot be granted.  As the present respondent has not proved a clear legal right to the salary step increments in question, the lower court is deemed to have gravely abused its discretion when it issued the Writ of Preliminary Injunction. 
 
The Case
 
Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, assailing the November 25, 2003...