IDOLOR V. COURT OF APPEALS
351 SCRA 399
FACTS:Idolor issued a deed of Real Estate Mortgage with right to extrajudicial foreclosure of the property upon failure to redeem the mortgage, in favor of De Guzman for a loan, which she secured. Upon her failure to pay, Guzman sought the foreclosure of the Real Estate Mortgage. The property was sold in public auction to Gumersindo. Petitioner now sought the nullity of the proceedings for alleged irregularities. The trial court issued a writ of preliminary injunction enjoining those concerned from executing a final deed of sale and consolidation of ownership.
Injunction is a preservative remedy aimed at protecting substantive rights and interests. Before an injunction can be issued, it is essential that the following requisites be present:
1. There must be a right in esse or the existence of a right to be protected
2. The act against which the injunction is to be directed is a violation of such right
Hence, the existence of the right violated, is a prerequisite to the granting of an injunction. Injunction is not designed to protect contingent or future rights.
The petitioner no longer has any proprietary right to speak of over the foreclosed property to entitle her to the issuance of a writ of injunction.