Injunction It is an authoritative waning or order. A judicial order restraining a person from an act or compelling redress to an injured party.

Rule 58( Preliminary Injunction) “Section 1. Preliminary Injunction defined; classes – a preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or court, agency, or a person to refrain from a particular acts or acts. It may also require the performance of a particular act or acts, in which case it shall be known as a preliminary injunction. (1a)” As stated in the provision injunction may be addressed to a party, court, agency or a person. IT may be an order to refrain from a particular act or performance of an act. The purpose of preliminary injunction is to “prevent future injury and maintain the status quo, the last peaceable and uncontested status preceding the controversy.” (Sabio, 2008) Classes of Preliminary Injunction A. Preventive or Prohibitory a. An injunction the seeks to restrain the doing or a threat to do a particular act, which may be either preliminary or final in nature. b. An injunction that seeks to restrain the commission or continuance of an act and to prevent threatened injury c. A provisional remedy to which parties may resort for the preservation or protection of their rights.=or interest and for not other purpose, during the pendency of the principa action. B. Mandatory a. An order granted at any stage of an action prior to the final judgment requiring a person to perform a particular act. b. The party in whose favor it is issued is placed in the same situation he was before the commission of the illegal act complained of as if said act has never been committed. c. To restore applicant to the status quo, the last peaceable uncontested status. Grounds for issuance of preliminary mandatory injunction A. The applicant has a clear and unmistakable legal right. B. His right has been violated and the violation is substantial C. There is an urgent and permanent necessity to prevent serious damage. The difference of Prohibition, Injunction and Mandamus a. Prohibition – is issued to a tribunal, inferior courts etc. from exercising a jurisdiction or power with which they have not been vested by law b. Injunction – is issued to a party litigants, without in any manner interfering with the courts c. Mandamus – is issued to a public office, corporation etc. to do a ministerial act, not discretionary, that denies a legal right.

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