G.R. No. 126371 -

Ruling

Accordingly, defendants, Jaime and Salvacion Bustamante are ordered to desist, refrain and prohibit from collecting rentals from the lessees in the buildings in question, said right is vested with plaintiff, Victoria Ababan, or her duly authorized representative, during the pendency of this case. Moreover, defendants, are likewise prohibited from making any further improvements in the premises, as well as refrain in entering into any contract for the disposition of said property in favor of any third party, during the pendency of this case. However, for lack of justifiable ground and basis, plaintiffs prayer, for issuance of writ of preliminary mandatory injunction, is denied. Defendants will continue to occupy in the building they are presently residing, upon payment of a reasonable rentals that maybe agreed with plaintiff, Victoria Ababan. WHEREFORE, finding plaintiffs through counsel, prayer for issuance of writ of preliminary prohibitory injunction, proper and supported with preponderance of evidence, is granted. However, before the actual issuance of the writ of preliminary prohibitory injunction, plaintiffs pursuant to Rule 58, Sec. 4 of the new rules of court, is required to post a bond in the amount of ONE HUNDRED THOUSAND PESOS (P100,000.00) either in cash or undertaken by a qualified and duly accredited bonding surety company, with sufficient qualification and amount, as maybe approved by this court, to answer to any such damages, defendants will suffer, by reason of the issuance of the writ of preliminary prohibitory injunction prayed for, if plaintiffs is found not entitled to its issuance. SO ORDERED.