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Bank of the Philippine Islands Vs. Hon. Judge Agapito L. Hontanosas, Jr., et al.

BANK OF THE PHILIPPINE ISLANDS, Petitioner, vs. HON. JUDGE AGAPITO L. HONTANOSAS, JR., REGIONAL TRIAL COURT, BRANCH 16, CEBU CITY, SILVERIO BORBON, SPOUSES XERXES AND ERLINDA FACULTAD, AND XM FACULTAD & DEVELOPMENT CORPORATION, Respondents.

G.R. No. 157163 | 2014-06-25

FIRST DIVISION
 
DECISION

BERSAMIN, J.:
 
Injunction should not issue except upon a clear showing that the applicant has a right in esse to be protected, and that the acts sought to be enjoined are violative of such right. A preliminary injunction should not determine the merits of a case, or decide controverted facts, for, being a preventive remedy, it only seeks to prevent threatened wrong, further injury, and irreparable harm or injustice until the rights of the parties can be settled.
 
The Case

Under review at the instance of the defendant, now the petitioner herein, is the decision...