Injunction; Preliminary Injunction(2009)

No.I.C. A suit for injunction is an action in rem.

SUGGESTED ANSWER:
FALSE.
A suit for injunction is an actionin personam. In the early case of Auyong Hian vs.
Court of Tax Appeals [59 SCRA110 [1974]), it was held that a restraining order like
an injunction, operates upon a person. It is granted inthe exercise of equity of
jurisdiction and has no in rem effect to invalidate an act done in contempt of an
order of the court except where by statutory authorization, the decree is so
framed as to act in rem on property. (Air Materiel Wing Savings and Loan
Association, Inc. vs. manay, 535 SCRA 356 [2007]).

Special Civil Actions (Rules62-71)