What is the rule concerning the evidence required to be submitted in the hearing of the motion for

preliminary injunction?
A writ of preliminary injunction is generally based solely on initial or incomplete evidence. Such evidence need
only be a sampling intended merely to give the court an evidence of justification for a preliminary
injunction pending the decision on the merits of the case, and is not conclusive of the principal action which
has yet to be decided.

This is because the writ of preliminary injunction, being an ancillary or provisional remedy, is NOT intended to settle
the main issue of the case.

Did respondent judge violate the rule?

Judge Omelio already received documentary evidences as supporting documents in the verified
application and accorded both counsels the opportunity to be heard in oral arguments before him during
the hearing. The hearing conducted by Judge Omelio in the motion for issuance of the writ of preliminary
injunction was adequate and compliant with the Rules of Court.

no factual issues or disputes, the issues raised by

And during the hearing, there was no
counsels before Judge Omelio were purely legal in nature, which could be
resolved from an examination of the verified application and its supporting
documents. A clear and unmistakable right to the issuance of the writ of
injunction in favor of JEWM could easily be gathered from examining the
submitted pleadings and their supporting documents.