You are on page 1of 2

CHINA BANKING CORPORATION VS. CO.

Facts:

X sold parcels of land to spouses Y and spouses Z. X altered into a joint venture with
3k for the development of the estates and it includes a wall along the border of their
property. The spouse ask X if he could halt the constructions but X said that it
cannot as the construction is almost done and such did not block the spouses
property. The spouses then filed a writ of preliminary injunction to temporarily stop
the building activity. The RTC denied such.

Issue:

Was the denial of the writ of preliminary injunction correct??

Ruling:

Yes,

Absence of a showing that petitioners have urgent and paramount need for a writ of
preliminary mandatory injunction to prevent irreparable damage, such is not
entitled.

The spouses failed to prove that they will prejudiced by the construction of the wall.
The spouses have not clearly shown their rights to be violated and that they are
entitled to the relief prayed for and that irreparable damage would be suffered by
them if an injunction is not issued.
HERNANDEZ VS NATIONAL POWER CORP

Facts:

- Pd 1818 provides that judges are prohibited from issuing restraining orders
against government infrastructure projects in order not to disturb or hamper
the essential government projects or frustrate the economic development
effort of the nation.
- The prohibition extends only to the issuance of injunctions or restraining
orders against administrative act in controversies involving facts or the
exercise of discretion. On issues clearly outside the dimension and involving
questions of law, the court declared that courts could not be prevented from
exercising their power to restrain or prohibit administrative acts.
- For a writ of preliminary injunction to be issued, the rules do not require that
the act complained of be in violation of the rights of the applicant. Indeed
what the rules require is that the act complained of be probably in violation
of the rights of the applicant.
- Xxx begun the constructions of 29 decagon-shaped steel poles or towers with
a height of 53.4 meters to support overhead weigh tension cables in
connection with its power transmission project, the perimeter of fort
bonifacio, and dasmarinas village proximate to tamarind road , where
petitioners home are. Alarmed by the sight , petitioners filed a complaint for
damages with prayer for the issuance of a temporary restraining order and
or writ of preliminary injunction against Xxx.

Issue:
May the court issue temporary restraining order and preliminary injunction
to enjoin the construction and operation?

Ruling:

Yes, although presidential decree prohibits any court from issuing injunctions in
case involving infrastructure projects, the prohibition extends only to the issuance
of injunctions or restraining orders against administrative acts in controversies
involving facts or the exercise of discretion in technical issues.