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Wednesday, July 16, 2008

Phil. Sinter vs Cagayan Electric Light and Power Company

Whether or not an injunction lies against the final and executory judgment of the Energy Regulatory Board?

No. After a judgment has gained finality, it becomes the ministerial duty of the court to order its execution. No court, perforce, should interfere by injunction or otherwise to restrain such execution. The rule, however, concededly admits of exceptions; hence, when facts and circumstances later transpire that would render execution inequitable or unjust, the interested party may ask a competent court to stay its execution or prevent its enforcement. So, also, a change int he situation of parties can warrant an injunctive relief.

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