With due respect your Honor, as per the pleadings filed with

this Honorable Court, this case ought to be dismissed outright on

the following grounds:

1. The elements for the issuance of TRO and/or Writ of

Preliminary Injunction are glaringly absent in this case:

Jurisprudence has likewise established that the following

requisites must be proven first before a writ of preliminary
injunction, whether mandatory or prohibitory, may be issued:
(1) The applicant must have a clear and unmistakable right
to be protected, that is a right in esse;
(2) There is a material and substantial invasion of such
right;
(3) There is an urgent need for the writ to prevent
irreparable injury to the applicant; and
(4) No other ordinary, speedy, and adequate remedy exists
to prevent the infliction of irreparable injury.

In the case at hand, Petitioner’s claimed right of way is not

sufficiently established. There is no invasion of such right as
Petitioner continue to access the said path. Petitioner’s has
miserably failed to prove irreparable damage on the part of
applicant. Lastly, there are other available remedies like filing
a Complaint for Easement of Right of Way.

2. To reiterate, Petitioner continues to access the lot, which

is the subject of this case. This is proven by the attached picture/s
and Paragraph 8 of the Petition. In fact, I am proposing that the
other party stipulates that Petitioner and its employees are still
using the subject lot.

3. Lot No. 1524-D-8 is registered in the name of

Respondents. Respondents are, therefore, entitled by law to the
rights of the owner of a real property.
 4. Injunction is not a substitute to a Complaint for
Easement of Right of Way. As such, this case should not be heard
by this Honorable Court.

5. The claim that the “only access from Petitioner’s Lots to

a public road is through Lot No. 1524-D-8” is blatantly false.
Respondents are in possession of videos and pictures to disprove
this assertion. This Court may also conduct ocular inspection to
check the veracity of this statement.