10/12/2019 E-Library - Information At Your Fingertips: Printer Friendly and paramount necessity for the writ to prevent serious damage.[25] Before the preventive writ may be issued, first and foremost there must be a clear showing by the complainant that there is an existing right to be protected, a clear and unmistakable right at that.[26] Thus, it is incumbent upon private respondents to establish that their rights over the land in the Busol Forest Reserve are unequivocal and indisputable. They, however, admit that their claims for recognition are still pending before the NCIP; they are but mere expectations-short of the required present and unmistakable right for the grant of the issuance of the provisional remedy of injunction. [27] Private respondents also bewail that it would be more prudent that the injunctive writs be issued to prevent the baseless or unnecessary demolition of their house should their land claims be ultimately recognized. While the Court understands their predicament, there is still no basis for the issuance of the injunctive writs because it can be compensable through the award of damages. A clear and unmistakable right is not enough to justify the issuance of a writ of preliminary injunction as there must be a showing that the applicant would suffer irreparable injury. Thus, the Court in Power Sites and Signs, Inc. v. United Neon[28] ruled: It is settled that a writ of preliminary injunction should be issued only to prevent grave and irreparable injury, that is, injury that is actual, substantial and demonstrable. Here, there is no irreparable injury as understood in law. Rather, the damages alleged by the petitioner, namely, immense loss in profit and possible damage claims from clients and the cost of the billboard which is a considerable amount of money is easily quantifiable, and certainly does not fall within the concept of irreparable damage or injury as described in Social Security Commission v. Bayona: Damages are irreparable within the meaning of the rule relative to the issuance of injunction where there is no standard by which their amount can be measured with reasonable accuracy. An irreparable injury which a court of equity will enjoin includes that degree of wrong of a repeated and continuing kind which produce hurt, inconvenience, or damage that can be estimated only by conjecture, and not by any accurate standard of measurement. An irreparable injury to authorize an injunction consists of a serious charge of, or is destructive to, the property it affects, either physically or in the character in which it has been held and enjoined, or when the property has some peculiar quality or use, so that its pecuniary value will not fairly recompense the owner of the loss thereof.[29] (emphasis omitted) More importantly, their continued occupation absent any clear legal right cannot be countenanced because of the threat it poses to the Busol Water Reserve. In Province of Rizal v. Executive Secretary,[30] the Court emphasized the importance of preserving watersheds, to wit: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64367 7/13

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