Professional Documents
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SECOND DIVISION.
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that:
x x judgment be rendered (a) commanding and enjoining
respondent judge to desist and refrain from proceeding with Civil
Case No. 631 of the lower court; (b) nullifying or setting aside the
order for the issuance of writ of injunction, Annex B hereof, the
writ of preliminary injunction, Annex C hereof, and the order
denying the motion to dismiss, Annex N hereof, in Civil Case No.
631 for lack of jurisdiction, and (c) commanding respondent judge
to dismiss Civil Case No. 631.
xxxxxx
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and/or allowing its cows, horses, and other large cattles within the
conflicted area of 580 hectares which is within the area covered by
plaintiffs Pasture Lease Agreement No. 2510, situated at Sitio
Balnabo, barrios of Sigil and Balnabo, General Santos, Cotabato,
and to pasture and graze therein either temporarily,
intermittently, or periodically, or for a short and limited and/or
sporadic periods, to refrain and desist from issuing any order,
either originally or by virtue of its appellate powers or jurisdiction
over the Director of Forestry, which, in any manner whatsoever,
will contravene or violate Pasture Lease Agreement No. 2510
entered into by and
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24 SCRA 500).
Furthermore, in actions involving realty, preliminary
injunction will lie only after the plaintiff has fully
established his title or right thereto by a proper action
brought for the purpose (Liongson vs. Martinez, No. 11553,
Oct. 8, 1917, 36 Phil. 148). To authorize temporary
injunction, the complainant
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SO ORDERED.
Concepcion, Jr., Guerrero, Abad Santos, De Castro
and Escolin, JJ., concur.
Aquino, J., in the result.
Petition granted and orders reversed as null and void.
Notes.Writs of injunction or prohibition should be
allowed only upon a showing of lack or excess of
jurisdiction or of authority or grave abuse of discretion on
the part of tribunal, corporation, board or person exercising
function judicial or ministerial, and there is no appeal or
any other plain, speedy, and adequate remedy in the
ordinary course of law. (Sichangco vs. Board of
Commissioners of Immigration, 94 SCRA 61).
In a prohibitory injunction, the specific act sought to be
enjoined has not yet been performed and is only alleged to
be illegal, by the pleader. (Feranil vs. Arcilla, 88 SCRA
770).
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