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    Government of Butuan v. Consolidated Broadcasting System (CBS), Inc.

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    Gracey Pelagio
    The document discusses two key concepts in law: 1) For injunctive relief in remedial law, there must be a clear right to be protected that is being violated. The conditions for an injunction are that the right exists, the act violates that right, and there is urgent need to prevent serious damage. 2) The concept of res ipsa loquitur in civil law allows for an inference of negligence when the injury was caused by something under the defendant's control, the injury doesn't ordinarily occur without negligence, and the plaintiff did not contribute to the injury. It is based on the idea that the defendant has access to evidence of what happened that the plaintiff does not.

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    Download as DOCX, PDF, TXT or read online from Scribd

    Government of Butuan v. Consolidated Broadcasting System (CBS), Inc.

    Uploaded by

    Gracey Pelagio
    55 views2 pages
    The document discusses two key concepts in law: 1) For injunctive relief in remedial law, there must be a clear right to be protected that is being violated. The conditions for an injunction are that the right exists, the act violates that right, and there is urgent need to prevent serious damage. 2) The concept of res ipsa loquitur in civil law allows for an inference of negligence when the injury was caused by something under the defendant's control, the injury doesn't ordinarily occur without negligence, and the plaintiff did not contribute to the injury. It is based on the idea that the defendant has access to evidence of what happened that the plaintiff does not.

    Original Description:

    remedial law

    Original Title

    june 8

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    The document discusses two key concepts in law: 1) For injunctive relief in remedial law, there must be a clear right to be protected that is being violated. The conditions for an injunction are that the right exists, the act violates that right, and there is urgent need to prevent serious damage. 2) The concept of res ipsa loquitur in civil law allows for an inference of negligence when the injury was caused by something under the defendant's control, the injury doesn't ordinarily occur without negligence, and the plaintiff did not contribute to the injury. It is based on the idea that the defendant has access to evidence of what happened that the plaintiff does not.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    55 views2 pages

    Government of Butuan v. Consolidated Broadcasting System (CBS), Inc.

    Uploaded by

    Gracey Pelagio
    The document discusses two key concepts in law: 1) For injunctive relief in remedial law, there must be a clear right to be protected that is being violated. The conditions for an injunction are that the right exists, the act violates that right, and there is urgent need to prevent serious damage. 2) The concept of res ipsa loquitur in civil law allows for an inference of negligence when the injury was caused by something under the defendant's control, the injury doesn't ordinarily occur without negligence, and the plaintiff did not contribute to the injury. It is based on the idea that the defendant has access to evidence of what happened that the plaintiff does not.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    *REMEDIAL LAW

    Existence of a right to be protected by the injunctive relief is indispensable. In City


    Government of Butuan v. Consolidated Broadcasting System (CBS), Inc.,[15] the
    Court elaborated on this requirement, viz:

    As with all equitable remedies, injunction must be issued only at


    the instance of a party who possesses sufficient interest in or title to the
    right or the property sought to be protected. It is proper only when the
    applicant appears to be entitled to the relief demanded in the complaint,
    which must aver the existence of the right and the violation of the right,
    or whose averments must in the minimum constitute
    a prima facie showing of a right to the final relief sought. Accordingly,
    the conditions for the issuance of the injunctive writ are: (a) that the
    right to be protected exists prima facie; (b) that the act sought to be
    enjoined is violative of that right; and (c) that there is an urgent and
    paramount necessity for the writ to prevent serious damage. An
    injunction will not issue to protect a right not in esse, or a right
    which is merely contingent and may never arise; or to restrain an
    act which does not give rise to a cause of action; or to prevent the
    perpetration of an act prohibited by statute. Indeed, a right, to be
    protected by injunction, means a right clearly founded on or granted
    by law or is enforceable as a matter of law

    CIVIL LAW

    The concept of res ipsa loquitur has been explained in this wise:

    While negligence is not ordinarily inferred or presumed, and while the mere happening of an
    accident or injury will not generally give rise to an inference or presumption that it was due to
    negligence on defendants part, under the doctrine of res ipsa loquitur, which means, literally,
    the thing or transaction speaks for itself, or in one jurisdiction, that the thing or instrumentality
    speaks for itself, the facts or circumstances accompanying an injury may be such as to raise
    a presumption, or at least permit an inference of negligence on the part of the defendant, or
    some other person who is charged with negligence.

    x x x where it is shown that the thing or instrumentality which caused the injury complained of
    was under the control or management of the defendant, and that the occurrence resulting in
    the injury was such as in the ordinary course of things would not happen if those who had its
    control or management used proper care, there is sufficient evidence, or, as sometimes
    stated, reasonable evidence, in the absence of explanation by the defendant, that the injury
    arose from or was caused by the defendants want of care.21

    One of the theoretical based for the doctrine is its necessity, i.e., that necessary evidence is absent
    or not available.22
    The res ipsa loquitur doctrine is based in part upon the theory that the defendant in charge of
    the instrumentality which causes the injury either knows the cause of the accident or has the
    best opportunity of ascertaining it and that the plaintiff has no such knowledge, and therefore
    is compelled to allege negligence in general terms and to rely upon the proof of the
    happening of the accident in order to establish negligence. The inference which the doctrine
    permits is grounded upon the fact that the chief evidence of the true cause, whether culpable
    or innocent, is practically accessible to the defendant but inaccessible to the injured person.

    Res ipsa loquitur is a rule of necessity and it applies where evidence is absent or not readily
    available, provided the following requisites are present: (1) the accident was of a kind which does
    not ordinarily occur unless someone is negligent; (2) the instrumentality or agency which caused the
    injury was under the exclusive control of the person charged with negligence; and (3) the injury
    suffered must not have been due to any voluntary action or contribution on the part of the person
    injured

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