G&S Transport Corp vs.

CA
GR No. 120287 May 28, 2002

FACTS:
G & S Transport Corporation (G&S) sought to disqualify 2000 Transport Corporation
(Transport) from being awarded a concession contract for coupon taxi services at the
Ninoy Aquino International Airport by filing a complaint for injunction and mandamus;
alleging that Transport submitted falsified documents and was a dummy corporation
for 2 Korean nationals. The CA granted the petitions for certiorari filed by Transport
and Nissan, set aside the writ of preliminary injunction, and prohibited the trial court
from further hearing the case, hence, this petition.

ISSUE:
Whether or not the CA erred in nullifying the writ of preliminary injunction

RULING:

No. The SC based its decision on Rule 65 which provides that before a writ of
preliminary injunction may be issued, there must be a clear showing by the
complainant that there exists a right to be protected and that the acts against which
the writ is to be directed are violative of established right. In this case, the contract of
G&S for coupon taxi services had already expired and that a new concessionaire
had been chosen. Petitioner had no right which needed protection by a writ of
preliminary injunction.

Also, the Court held that the issue of the propriety of the preliminary injunction
became moot and academic due to the dismissal of the complaint for failure to state
a cause of action (Rule 65 of the Rules of Court).