Philippine Bar review · Question

Practice question: Nature and Purpose

Multiple Choice Hard

Practice question

A court issues a preliminary injunction based on the showing required at that stage. After full trial, the evidence does not establish the applicant's final entitlement. The applicant invokes res judicata solely from the preliminary grant to demand judgment. Which is correct?
  1. The interim determination does not itself constitute a final merits adjudication barring the court from deciding the case on the full record.
  2. Every preliminary injunction conclusively decides the whole case.
  3. The final trial evidence must always be ignored.
  4. The defendant automatically loses every defense.
  5. The temporary writ is identical to a final executable damages judgment.

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court official2019 Rules, Rule39§§47–48 and Rules57–61.
  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules39§§47–48,57–61, read with current amendments.
  • https://lawphil.net/judjuris/juri2021/apr2021/gr_200642_2021.html — Banco Filipino v BSP, GR200642, April26 2021, main decision.

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