Case Summary (G.R. No. 180206)
Procedural History
Private respondents filed a petition for injunction with NCIP–CAR, seeking TROs and a writ of preliminary injunction against enforcement of demolition orders. NCIP Regional Hearing Officer Atty. Brain S. Masweng issued TROs (October 16 and 19, 2006) and, upon posting of bonds, granted a preliminary injunction (November 10, 2006). The City Government sought certiorari relief in the Court of Appeals, which upheld NCIP’s jurisdiction and affirmed the injunctive orders. The Supreme Court then granted review.
Petitioners’ Arguments
- NCIP lacks jurisdiction over main actions for injunction; its power is limited to auxiliary remedies.
- Baguio City is governed exclusively by its charter (Sec. 78, IPRA) and therefore exempt from NCIP authority and ancestral land provisions.
- Private respondents are not entitled to injunctive relief because they encroached upon an inalienable forest reservation without permit.
- Any ancestral land claim is at best contingent and cannot sustain injunctive protection.
- The demolition orders were valid exercises of municipal police power over public lands.
Respondents’ Arguments
- IPRA vests NCIP with original and exclusive jurisdiction over disputes involving indigenous peoples’ ancestral lands, including actions for injunction.
- Baguio City is not exempt from IPRA coverage, and Sec. 78’s non-application to post-effectivity territory does not bar ancestral claims recognized before IPRA.
- As holders of native title, respondents cannot secure building permits for ancestral lands, exposing them to demolition without redress.
- Proclamation No. 15 identified Molintas and Gumangan families as claimants within the forest reserve, without extinguishing their rights.
NCIP Jurisdiction under the IPRA
Under RA 8371, NCIP has “original and exclusive jurisdiction” over disputes concerning ancestral lands/domains of ICCs/IPs, including actions for injunction (Sec. 5, Rule III, NCIP Circular 1-03). IPRA empowers NCIP to issue TROs and writs of injunction to prevent acts that may cause grave or irreparable harm (Sec. 69). Private respondents’ petition alleged membership in the Ibaloi indigenous community and ancestral claims recognized in Proclamation No. 15, thereby invoking NCIP–RHO’s jurisdiction. No provision in IPRA limits injunctive relief to auxiliary proceedings.
Baguio City’s Exemption and Proclamation No. 15
Section 78 of IPRA provides that Baguio City remains governed by its charter, but expressly preserves “prior land rights and titles recognized and/or acquired” before IPRA’s effectivity. Proclamation No. 15 (1922) established the Busol Forest Reservation and named Molintas and Gumangan families as claimants; however, it did not definitively vest private respondents with proprietary rights. The proclamation withdrew the reservation from sale or settlement but did not extinguish ancestral possessory claims that predated the reservation declaration.
Inalienability of Busol Forest Reservation
The Court previously held in Heirs of Gumangan v. Court of Appeals (1
...continue readingCase Syllabus (G.R. No. 180206)
Facts of the Case
- Three demolition orders issued by Mayor Braulio D. Yaranon against illegal structures of Lazaro Bawas, Alexander Ampaguey, Sr., and Narciso Basatan on Busol Watershed Reservation, for lack of building permits and violation of PD 705 § 69 (as amended), PD 1096, and RA 7279.
- Demolition advices dated September 19, 2006 set demolition for October 17–20, 2006.
- Private respondents (Gumangan, Basatan, Bawas) petitioned NCIP-CAR for injunction, claiming ancestral land rights recognized under Proclamation No. 15 (April 27, 1922) and recommended for exclusion from forest reserve by DENR.
- NCIP Regional Hearing Officer (RHO) Atty. Brain S. Masweng issued TROs on October 16 and 19, 2006, restraining enforcement of multiple demolition orders for 20 days.
- NCIP Resolution dated November 10, 2006 granted preliminary injunction, subject to P10,000.00 bond each.
Procedural History
- Petitioners filed certiorari before the Court of Appeals (CA G.R. SP No. 96895).
- CA Decision (April 16, 2007) and Resolution (September 11, 2007) affirmed NCIP’s jurisdiction and injunctive writs; held Baguio City covered by RA 8371 (IPRA).
- Petitioners elevated the case to the Supreme Court by certiorari.
Issues
- Whether NCIP has jurisdiction to entertain a main action for injunction.
- Whether Baguio City is exempt from IPRA coverage under its Charter (RA 8371 § 78).
- Whether private respondents’ claimed ancestral land rights within a forest reservation merit injunctive protection.
- Whether Proclamation No. 15 vested private respondents with indefeasible rights over portions of the Busol Forest Reservation.
- Legality of demolition orders issued under municipal police power vis-à-vis asserted indigenous rights.