"x x x.
A writ of preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts.8 It is merely a provisional remedy, adjunct to the main case subject to the latter’s outcome.9 It is not a cause of action in itself.10Being an ancillary or auxiliary remedy, it is available during the pendency of the action which may be resorted to by a litigant to preserve and protect certain rights and interests therein pending rendition, and for purposes of the ultimate effects, of a final judgment in the case.
The writ is provisional because it constitutes a temporary measure availed of during the pendency of the action and it is ancillary because it is a mere incident in and is dependent upon the result of the main action.11
It is well-settled that the sole object of a preliminary injunction, whether prohibitory or mandatory, is to preserve thestatus quo until the merits of the case can be heard. It is usually granted when it is made to appear that there is a substantial controversy between the parties and one of them is committing an act or threatening the immediate commission of an act that will cause irreparable injury or destroy the status quo of the controversy before a full hearing can be had on the merits of the case.12
Indubitably, in the case at bar, the writ of preliminary injunction was granted by the lower court upon respondent’s showing that he and his poultry business would be injured by the closure of the subject road. After trial, however, the lower court found that respondent was not entitled to the easement of right of way prayed for, having failed to prove the essential requisites for such entitlement, hence, the writ was lifted.1avvphi1
The present case having been heard and found dismissible as it was in fact dismissed, the writ of preliminary injunction is deemed lifted, its purpose as a provisional remedy having been served, the appeal therefrom notwithstanding.
Unionbank v. Court of Appeals13 enlightens:
"x x x a dismissal, discontinuance or non-suit of an action in which a restraining order or temporary injunction has been granted operates as a dissolution of the restraining order or temporary injunction," regardless of whether the period for filing a motion for reconsideration of the order dismissing the case or appeal therefrom has expired. The rationale therefor is that even in cases where an appeal is taken from a judgment dismissing an action on the merits,the appeal does not suspend the judgment, hence the general rule applies that a temporary injunction terminates automatically on the dismissal of the action." (italics, emphasis and underscoring supplied)
The lower court’s citation of Lee v. Court of Appeals14 is misplaced. In Lee, unlike in the present case, the original complaint for specific performance and cancellation of real estate mortgage was not yet decided on the merits by the lower court. Thus, the preliminary injunction therein issued subsisted pending appeal of an incident.
There being no indication that the appellate court issued an injunction in respondent’s favor, the writ of preliminary injunction issued on December 1, 1999 by the trial court was automatically dissolved upon the dismissal of Civil Case No. 26015.
x x x."
