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Lirias vs. COA

ROSETTE Y. LERIAS, PETITIONER, V. COURT OF APPEALS; AND THE PROVINCIAL GOVERNMENT OF SOUTHERN LEYTE, REPRESENTED BY DAMIAN C. MERCADO, RESPONDENTS.

G.R. No. 193548 | 2019-04-08

D E C I S I O N
 
BERSAMIN, C.J.:
 
For the writ of preliminary injunction to issue, the applicant must show a clear legal right to be protected. In the absence of a clear legal right, the issuance of the writ constitutes grave abuse of discretion.[1]
 
The Case
 
By petition for certiorari, the petitioner seeks the nullification of the resolutions promulgated on July 8, 2009,[2]whereby the Court of Appeals (CA) issued the writ of preliminary injunction in C.A.-G.R. SP No. 03398 enjoining the Regional Trial Court (RTC) in Maasin, Southern Leyte and its sheriff from implementing the writ of execution issued in Civil Case...