Title
Spouses Robles et al. vs. Mario S. Timario, Jr. et al.
Case
G.R. No. 252834
Decision Date
Feb 6, 2023
SC affirmed denial of appeal, upholding protection order and writ of continuing mandamus stopping illegal use of public forest land by Spouses Maliones et al. and ordering environmental protection measures.

Case Digest (G.R. No. 252834)

Facts:

  • Parties Involved
    • Petitioners: Spouses Robles and Rose Maliones (also known as Rosa Maliones), Spouses Eduardo and Rosita Quiao, George Bati-el (represented by his wife Lilia Bati-el), and Eugenio Sawate (collectively, Spouses Maliones et al.).
    • Respondents: Mario S. Timario, Jr., Gabriel B. Lantec, Janice A. Biag, and several others (collectively, Timario et al.), including the Department of Environment and Natural Resources (DENR), Provincial and Municipal Assessors of Mountain Province, and the Punong Barangay of Data, Sabangan, Mountain Province.
  • Subject Matter and Location
    • A parcel of land located in Am-amoting, Batacang/Ambango in Brgy. Data, Sabangan, Mountain Province.
    • Classified as "outside the Alienable and Disposable Zone" under Land Classification Map No. 2017, certified on July 30, 1956, by the Director of Forestry.
    • Tax declarations for portions of the land were issued allegedly in the names of Spouses Maliones et al.
  • Petitioners’ Claims and Activities
    • Spouses Maliones et al. claimed title to the land, asserting native title and that it was ancestral land.
    • They engaged in activities such as cultivating the land (organic farm vegetables), soil refurbishment, fencing to protect crops, and denied earth-moving or bulldozing activities.
    • Claimed the land was ancestral land of the late John Miguel, declared for tax purposes in 1970, and later sold to them in 2012.
  • Respondents’ Allegations and Legal Action
    • Timario et al. filed a citizen suit for enforcement of environmental laws, cancellation of tax declarations, issuance of temporary and permanent environmental protection orders, and other reliefs.
    • Alleged that the subject land was communal public forest where the local indigenous community freely pastured animals and held community activities.
    • Claimed that petitioners’ improvements led to exclusion of the public and violations of environmental laws, particularly Presidential Decree (P.D.) No. 705 (Revised Forestry Code).
    • Accused Spouses Maliones et al. of illegally occupying and destroying parts of the public forest, including cutting and girdling trees, earth-moving, use of pesticides, and kaingin (slash-and-burn) activities.
  • Lower Court Proceedings
    • RTC issued a Temporary Environmental Protection Order (TEPO) stopping Spouses Maliones et al. from earth-moving, cultivating, fencing, and other activities.
    • After trial, RTC issued a Decision making TEPO permanent, issued Environmental Protection Order (EPO), ordered DENR and local authorities to enforce environmental laws, and directed cancellation of tax declarations where appropriate.
    • Court of Appeals (CA) affirmed the RTC’s Decision, upholding the citizen suit, the applicability of the Regalian Doctrine, and the environmental protection reliefs.
  • Contentions
    • Spouses Maliones et al. argued the land was ancestral land under native title and not subject to the Regalian Doctrine.
    • Respondents Timario et al. maintained the land was part of the public forest and environmental laws applied.
  • Supreme Court Actions
    • The Petitions for Review on Certiorari were consolidated.
    • The Supreme Court resolved the issues concerning ownership claims and environmental protection reliefs.

Issues:

  • Whether Spouses Maliones et al. may invoke their claimed native title ownership over the subject land to prevent the granting of environmental protection orders, writ of continuing mandamus, and other reliefs sought by Timario et al.
  • Whether the environmental reliefs awarded by the lower courts are proper and within the scope of the law.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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