Ama Land v. Wack Wack Residents' Association

Summary

AMA Land, Inc. sought temporary and permanent easements of right of way over Fordham Street owned by Wack Wack Residents' Association for its AMA Tower construction project. The RTC initially granted a preliminary mandatory injunction in 1997 allowing temporary use, but later denied WWRAI's application to enjoin construction resumption in 2010. The Court of Appeals reversed, granting injunctive relief to WWRAI. The Supreme Court ultimately sided with AMALI, holding that WWRAI failed to demonstrate a clear right requiring protection and that the RTC did not abuse its discretion. Significantly, the Court declared void the 1997 RTC order granting temporary easement, ruling that Article 656 of the Civil Code requires proof of indispensability and payment of proper indemnity through full trial before such easements can be compelled. The decision emphasizes that preliminary injunctions should not prejudge the main case and that legal easements require compliance with statutory prerequisites established through proper proceedings.