Case Summary (G.R. No. 188913)
Factual Antecedents
The Baguio City Government issued Demolition Order No. 33, Series of 2005, and several earlier demolition orders in accordance with the Revised Forestry Code, the National Building Code, and the Urban Development and Housing Act. These orders targeted illegal structures erected without proper permits. Demolition advisories were issued to the occupants, signifying the intention to enforce these orders. In response, individuals, including Elvin Gumangan and others, sought injunctive relief against the City Government for the demolition orders. Respondent Masweng issued TROs and a writ of preliminary injunction to prohibit the enforcement of these demolition orders, a decision later affirmed by the Court of Appeals.
Judicial Decisions and Developments
The case was brought before the Court, leading to a decision dated February 4, 2009, where the Court reversed the appellate ruling and dismissed the case for injunctive relief, clarifying that the occupants were not entitled to protection under the law. Following this, the City Government planned to enforce the demolition of the illegal structures. New petitions for injunction were filed with the NCIP, which led to Masweng again issuing TROs and writs of preliminary injunction, allegedly contravening the existing ruling of the Supreme Court.
Basis for Contempt
The petitioner contended that the actions of the respondent constituted indirect contempt, as they disregarded the Supreme Court's prior ruling asserting that the individuals seeking injunctive relief had no legal rights to prevent enforcement of the demolition orders. Respondent Masweng defended his actions by arguing that he acted within his jurisdiction to protect the rights of indigenous peoples, claiming that his orders were justified given the situation of the community members.
Analysis of Contempt and Ruling
The Court determined that respondent Masweng's issuance of the TROs and preliminary injunctions breached the authority of the Court by contradicting its final ruling. As per Section 3 of Rule 71 of the 1997 Rules of Civil Procedure, disobedience to a lawful order of a court constitutes indirect contempt.
...continue readingCase Syllabus (G.R. No. 188913)
Case Citation
- G.R. No. 188913
- Date of Decision: February 19, 2014
- Court: Supreme Court of the Philippines
- Division: First Division
- Petitioner: City Government of Baguio, represented by City Mayor Reinaldo A. Bautista, Jr.
- Respondent: Atty. Brain S. Masweng, Regional Hearing Officer, National Commission on Indigenous Peoples, Cordillera Administrative Region (NCIP-CAR)
Nature of the Case
- The case involves a petition for contempt filed by the City Government of Baguio against Atty. Brain S. Masweng for issuing temporary restraining orders (TROs) and writs of preliminary injunction in two separate NCIP cases.
- The core issue revolves around the enforcement of demolition orders against illegal structures in the Busol Watershed Reservation, Baguio City.
Factual Antecedents
- Demolition Orders: The City Government of Baguio issued demolition orders against illegal structures in the Busol Watershed, citing violations of various laws, including the Revised Forestry Code, National Building Code, and Urban Development and Housing Act.
- Initial Injunctions: In response to these orders, several individuals filed petitions before the NCIP-CAR, leading to the issuance of TROs by Atty. Masweng, which halted the implementation of the demolition orders.
- Court Decisions: The Court of Appeals affirmed the NCIP's injunctions, but the Supreme Court later reversed this decision, stating the NCIP had no basis for granting the relief sou