Saturday, December 29, 2012

Preliminary Mandatory Injunction


Based on the foregoing disquisition, we find that the RTC had sufficient bases to issue the writ of preliminary mandatory injunction as all the requisites for the issuance of such writ were established.  We agree with the RTC that respondent has a right to recover the five titles because petitioner failed to comply with his obligation to respondent.  It bears stressing that respondent was compelled to directly pay CMC to avoid the foreclosure of the  chattel mortgages, which respondent executed in favor of CMC.   Considering that respondent has paid most, if not all, of its obligations to CMC, there is no reason for petitioner to hold on to the titles (Goerge S. H. Sy, etc. Vs. Autobus Transport System, Inc., G.R. No. 176898. December 3, 2012).

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