Tuesday, March 12, 2013

Preliminary injunction and the ponencia - ;sc.judiciary.gov.ph/jurisprudence/2013/february2013/12-201-CA-J.pdf

see  -  sc.judiciary.gov.ph/jurisprudence/2013/february2013/12-201-CA-J.pdf


"x x x.


The complainants need to realize that a preliminary injunction is not a
ponencia but an order granted at any stage of an action prior to final
judgment, requiring a person to refrain from a particular act. It is settled that as an ancillary or preventive remedy, a writ of preliminary injunction may be resorted to by a party to protect or preserve his rights and for no other purpose during the pendency of the principal action. Its object is to preserve the status quo until the merits of the case are passed upon. It is not a cause of action in itself but merely a provisional remedy, an adjunct to a main suit.24 On the other hand, ponencia refers to the rendition of a decision in a case on the merits, which disposes of the main controversy. In this case, the main issue in the four CA petitions is the validity of the RTC’s Order dated December 21, 2011 declaring as void and of no effect NADECOR’s stockholders’ meeting on August 15, 2011. Contrary to the complainants’ insistence, the writ of preliminary injunction issued by the 14th Division in CA-G.R. SP No. 122784 did not settle the controversy therein, but is a mere interlocutory order to restore the status quo ante, that is, the state of things prior to the RTC’s Order of December 21, 2011."