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Act No. 190 Section 166

Method of obtaining preliminary injunction.

Section 166

SEC. 166. Method of obtaining preliminary injunction. — A preliminary injunction may be granted only when the following conditions are complied with: 1. The complaint must show facts entitling the plaintiff to the relief demanded; 2. The complaint must be verified by the oath of the plaintiff or by that of some other person by him duly authorized and who can testify to the truth of the facts set forth in the complaint; 3. The plaintiff must file with the clerk of the court in which the action is pending a written obligation on the part of the plaintiff, with sufficient sureties, to the effect that the plaintiff will pay to the party enjoined all such damages as such party may sustain by reason of the injunction, if the court should finally decide that the plaintiff was not entitled thereto. The sufficiency of the obligation must be approved in writing by the judge granting the injunction, and before approval he shall require such proof as is necessary in regard to the sufficiency of the sureties. The sureties, by executing the obligation, become quasi parties to the proceeding, so that a judgment may be rendered against them without further notice.

Read the full instrument → · Open the chapter this section belongs to: CHAPTER IX →

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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