2. Kinds and Requisites

What Must be Proven for a Writ of Preliminary Injunction to Issue

The following requisites must be proved before a writ of preliminary injunction, be it mandatory or prohibitory, will issue:

• The applicant must have a clear and unmistakable right to be protected, that is a right in esse;
• There is a material and substantial invasion of such right;
• There is an urgent need for the writ to prevent irreparable injury to the applicant; and
• No other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable injury. (Municipality of Famy, Laguna v. Municipality of Siniloan, Laguna, G.R. No. 203806, 2020)

The Rules require that the applicant's right must be a right in esse, that which is, clear or unmistakable, actual, and positive especially calling for judicial protection. (Id.).