G.R. No. 214926 - Aquino vs. Agua Tierra Oro Mina Development Corp.

Petitioner Crisostomo B. Aquino (Aquino) and Respondent Agua Tierra Oro Mina Development Corporation (ATOM) are involved in a dispute over a parcel of land (the seaside lot) in Sitio Diniwid, Barangay Balabag, Malay, Aklan, on the island of Boracay.
ATOM owns a three-hectare parcel adjoining the seaside lot, registered as TCT No. T-41469, and has a pending foreshore lease application for the seaside lot intending to build a resort-hotel.
Aquino allegedly took illegal possession of the seaside lot in 2006 and constructed permanent concrete structures thereon, violating Malay Municipal Ordinance No. 2000-131, which established a 25-meter no-build zone.

ATOM filed an action against Aquino before the RTC of Kalibo, Aklan, Branch 5 (Civil Case No. 8577), for recovery of possession, injunction, and damages, asserting:

Aquino’s illegal occupation violated the municipal no-build ordinance.
ATOM’s preferential right to the seaside lot by virtue of ownership of the adjoining land.

He bought the seaside lot in 2005 via deed of sale.
The land is forest land with DENR jurisdiction, with his company having a pending Forest Land Use Agreement for Tourism (FLAgT) application.
ATOM’s claim to “riparian rights” was baseless due to the physical nature of the lot being a cliff without shoreline.
ATOM’s title to the adjoining lot was irregular and spurious.

On June 29, 2010, the RTC issued a preliminary injunction restraining Aquino from occupying and building on the seaside lot, citing potential environmental harm and Aquino’s lack of an Environmental Compliance Certificate (ECC).
Aquino moved to dismiss the case and dissolve the injunction, alleging spurious nature of ATOM’s title, better right to land through FLAgT, absence of bond posting by ATOM, and improper application of environmental laws. The RTC denied this motion on November 23, 2010, and subsequently denied Aquino’s motion for reconsideration on January 17, 2011.
Aquino filed a Rule 65 petition with the Court of Appeals (CA), which was dismissed on January 28, 2013, affirming the issuance of the preliminary injunction and application of environmental rules. The CA also excused ATOM from the bond requirement, likening the injunction to a Temporary Environmental Protection Order (TEPO). Aquino’s motion for reconsideration was denied on October 8, 2014.

The DENR classified the lot as forest land and maintained jurisdiction over it.
There was a DENR Regional Executive Director Regional 6 memorandum affirming the legal classification of the seaside lot as forest land, with no white beachfront or typical foreshore characteristics.
The dispute involves overarching issues of jurisdiction—DENR’s primary jurisdiction over public lands vis-à-vis the RTC’s jurisdiction over possessory actions.

Whether the issuance of the preliminary injunction by the RTC was proper, particularly considering:

The legitimacy and extent of ATOM’s claimed legal right to the seaside lot.
The application of environmental rights and the Rules of Procedure for Environmental Cases (RPEC) by the RTC and the CA.
The absence of proof that ATOM posted the bond required under Rule 58 of the Rules of Court for preliminary injunctions.

Whether Civil Case No. 8577 should be dismissed based on the doctrine of primary jurisdiction of the DENR over the land classified as forest land, as opposed to the jurisdiction of the RTC over possessory actions involving such public lands.