GR L 1590; (April, 1949) (Digest)
G.R. No. L-1590; April 27, 1949
RAYMUNDA SIVA, ET AL., petitioners, vs. FELIXBERTO IMPERIAL REYES, Judge of the Court of First Instance of Iloilo and CORNELIO QUIDATO, respondents.
FACTS
Petitioners seek the annulment of an order issued by the respondent judge in a civil case for recovery of possession. The order, issued before trial on the merits, directed the petitioners (plaintiffs in the lower court) to desist from committing acts of usurpation and intrusion into the possession of the respondents (defendants) over the disputed land, under penalty of contempt. Petitioners argued they could not be enjoined until the question of ownership and possession was determined. Respondents contended the order was a valid writ of preliminary injunction.
ISSUE
Whether the respondent judge’s order, treated as a preliminary injunction, was validly issued.
RULING
No. The Supreme Court set aside the order. While the Court agreed the order functioned as a preliminary injunction, its issuance was irregular for failing to comply with the mandatory requirement under Section 4, Rule 60 of the Rules of Court. The rule requires the plaintiff (the party in whose favor the injunction is issued) to file a bond to answer for damages should the court finally decide they were not entitled to the injunction. Here, no such bond was required or filed by the respondent Cornelio Quidato. The Court granted the petition without needing to decide on the underlying factual justification for the injunction.
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