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CASE DIGEST - BICOL MEDICAL CENTER V. BOTOR ET.AL G.R. No. 214073 04 October 2017 Leonen, J.:

BICOL MEDICAL CENTER V. BOTOR ET.AL G.R. No. 214073  04 October 2017 Leonen, J.:  Doctrine:  Jurisprudence has likewise established that the following requisites must be proven first before a writ of preliminary injunction, whether mandatory or prohibitory, may be issued:  (1) The applicant must have a clear and unmistakable right to be protected, that is a right in esse;  (2) There is a material and substantial invasion of such right;  (3) There is an urgent need for the writ to prevent irreparable injury to the applicant; and (4) No other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable injury.  Facts :  BMC Chief ordered the rerouting of traffic inside the BMC Compound. This resulted in the closure of steel gates for vehicles and pedestrians relocating the same. Thus, Atty. Botor asked for the reopening or dismantling of the gate being a public nuisance. The Sanguniang Panglungsod of Naga authorized the Mayo...

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