Citation
G.R. No. 193415
Court
Supreme Court
Division
Second Division
Ponente
Sereno, J.
Decided
April 18, 2012

Summary

Spouses Arevalo borrowed P2,100,000 from Planters Development Bank secured by real estate mortgage. When they defaulted, the bank initiated extrajudicial foreclosure. Petitioners sought preliminary injunction but were required by trial court to pay 12% per annum interest as precondition under SC foreclosure procedure. They refused and were denied the writ. The main case was dismissed for lack of cause of action. The Supreme Court denied their petition for review, ruling the matter became moot upon dismissal of the main complaint since preliminary injunctions are merely provisional remedies auxiliary to the main case. Additionally, petitioners were found guilty of forum-shopping for filing substantially similar reliefs in multiple courts without proper disclosure. The Court required them to show cause for contempt, emphasizing that provisional remedies automatically terminate when the main action is dismissed.

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By the Intellegal Editorial Board · April 18, 2012

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