Case Digest (G.R. No. 188913)
Facts:
City Government of Baguio v. Atty. Brain S. Masweng, G.R. No. 188913, February 19, 2014, First Division, Villarama, Jr., J., writing for the Court. Petitioner is the City Government of Baguio, represented by Mayor Reinaldo A. Bautista, Jr.; respondent is Atty. Brain S. Masweng, Regional Hearing Officer, National Commission on Indigenous Peoples, Cordillera Administrative Region (NCIP‑CAR).From 2004–2005 the City issued demolition orders (Nos. 25, 28, 33, etc.) directing removal of illegal structures on a portion of the Busol Watershed Reservation at Aurora Hill for violations of forestry, building and housing laws; demolition advices were issued in 2006. On October 13, 2006 private occupants (Elvin Gumangan et al.) filed NCIP Case No. 31‑CAR‑06 seeking injunctive relief; respondent Masweng issued 72‑hour TROs and later a writ of preliminary injunction. The Court of Appeals affirmed, but in G.R. No. 180206 (February 4, 2009) this Court reversed the CA, held the claimants were not entitled to the injunctive relief, and dismissed NCIP Case No. 31‑CAR‑06; the denial of reconsideration became final and executory in June 2009.
After the finality of G.R. No. 180206, the City again issued demolition advices in May and July 2009 to occupants of structures in Busol. New NCIP petitions followed: NCIP Case No. 29‑CAR‑09 (filed July 23, 2009 by Magdalena Gumangan et al.) and NCIP Case No. 31‑CAR‑09 (filed July 27, 2009 by Alexander Ampaguey, Sr. et al.). On July 27, 2009 respondent issued two separate 72‑hour temporary restraining orders enjoining implementation of the demolition advices, extended those orders by separate July 31, 2009 orders for 17 days, and subsequently issued writs of preliminary injunctions in August 2009 in both cases.
Petitioner filed a petition for contempt before this Court, alleging that respondent willfully disobeyed and acted in defiance of the Court’s final judgment in G.R. No. 180206 by again enjoining enforcement of the same demolition orders and thereby promoting forum‑shopping and endless litigation. Respondent defended that the NCIP has authority under the IPRA to issue TROs and i...(Subscriber-Only)
Issues:
- Should respondent Atty. Brain S. Masweng be cited for indirect contempt for issuing the subject temporary restraining orders and writs of preliminary injunction in NCIP Case Nos. 29‑CAR‑09 and ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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