see - sc.judiciary.gov.ph/jurisprudence/2013/july2013/188500.pdf
"x x x.
"It is well-settled that a writ of injunction would issue upon the satisfaction of two (2) requisites, namely: (a) the existence of a right to be protected; and (b) acts which are violative of the said right. In the absence of a clear legal right, the issuance of the injunctive relief constitutes grave abuse of discretion. Injunction is not designed to protect contingent or future rights. Where the complainant’s right is doubtful or disputed, injunction is not proper. The possibility of irreparable damage without proof of actual existing right is not a ground for an injunction.25
In order for an entity to legally undertake a quarrying business, he must first comply with all the requirements imposed not only by the national government, but also by the local government unit where his business is situated. Particularly, Section 138(2) of RA 716026 requires that such entity must first secure a governor’s permit prior to the start of his quarrying operations, viz:
SECTION 138. Tax on Sand, Gravel and Other Quarry Resources.
– x x x.
The permit to extract sand, gravel and other quarry resources shall be issued exclusively by the provincial governor, pursuant to the
ordinance of the sangguniang panlalawigan. (Emphasis and underscoring supplied)
x x x x
In connection thereto, the Sangguniang Panlalawigan of Cagayan promulgated Provincial Ordinance No. 2005-07, Article H, Section 2H.04 of which provides:
SECTION 2H.04. Permit for Gravel and Sand and Quarrying. – No person shall extract ordinary stones, gravel, earth, boulders and quarry resources from public lands or from the beds of seas, rivers, streams, creeks or other public waters unless a permit has been issued by the Governor (or his deputy as provided herein) x x x. (Emphasis and underscoring supplied)
A plain reading of the afore-cited provisions clearly shows that a governor’s permit is a pre-requisite before one can engage in a quarrying business in Cagayan. Records, however, reveal that Lara admittedly failed to secure the same; hence, he has no right to conduct his quarrying operations within the Permit Area. Consequently, he is not entitled to any injunction.
x x x."
