Monday, September 5, 2011

TRO


To be entitled to the injunctive writ, the applicant must show that there exists a right to be protected which is directly threatened by an act sought to be enjoined. The applicant's right must be clear and unmistakable, otherwise the issuance of the writ despite the absence of a clear legal right constitutes grave abuse of discretion. Injunction is not a remedy to protect or enforce contingent, abstract, or future rights. There must exist an actual right to be protected and that the acts against which the writ is to be directed are violative of said right.

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