PROPERTY| Crisostomo

Page 95

Injunctive Relief will not be granted to take property

o To person whose title has not been clearly established
o Who did not have such possession or control at the inception
Injunction cannot be substitute for other suits for recovery of possession
o Such as forcible entry, unlawful detainer, accion publiciana
Denial on Injunction will not bar institution of more appropriate remedy
o Writ of injunction is an equitable relief
o = DETERMINATION OF TITLE IS THE LEGAL REMEDY
Question is title = injunction is NOT THE PROPER REMEDY
Before determination of issue of ownership
o Justice and equity demand parties be maintained in their STATUS QUO
So that no advantage may be given to one to prejudice the other.

Where INJ RELIEF ALLOWED

1.) Actions for forcible entry
Within 10 days from the filling of the complaint
o A motion for writ of preliminary mandatory injunction TO RESTORE HIM IN POSSESSION
Court to prevent the defendant from committing Further acts of dispossession
Cannot put question of ownership
o Should be put in separate action
2.) Ejectment cases (lease)
When appeal is taken the lessor is given the same remedy granted in ART 539