Case Summary (G.R. No. 165003)
Background and Jurisdiction
The case revolves around the respondents' ancestral land claims dating back to 1920 when their ancestors were granted a survey plan approved by the Director of Lands. The specific land in question overlaps with the Baguio Dairy Farm, established as a government reservation under the supervision of the Department of Agriculture. The heirs of Judith Cariao and the other respondents filed a petition with the NCIP for validation of their ancestral land claims, which prompted a Demolition Order from the office of the mayor due to unauthorized constructions in the area.
NCIP Proceedings and the Injunction
On June 29, 2003, the respondents sought an injunction from the NCIP to block the enforcement of Demolition Order No. 17, which targeted unauthorized structures within the Baguio Dairy Farm. The NCIP regional hearing officer, Atty. Brain Masweng, initially granted the respondents a temporary restraining order (TRO) and subsequently a writ of preliminary injunction. Petitioners’ motion for reconsideration against this ruling was denied, leading to an appeal to the Court of Appeals (CA).
Issues Raised by Petitioners
The petitioners contended that injunctions, as original actions, fall under the jurisdiction of regular courts, and that the NCIP could only issue such remedies in the context of ongoing cases. They asserted that the issuance of the injunction lacked factual and legal basis and, therefore, was invalid.
Precedential Case Consideration
The petitioners relied on a previous ruling in "City Government of Baguio City v. Atty. Masweng”, where the Supreme Court upheld that the NCIP possesses the authority to issue TROs and injunctions when the main action concerns injunction, affirming the ability of affected parties to seek preliminary relief against actions causing grave harm.
Analysis of Rights and Legal Principles
The Court found that the respondents’ claims to the disputed land were based on historical possession and a survey plan, but that their rights remained tentative and were not the established legal rights necessary to warrant a preliminary injunction. The structures in question were reportedly built without the requisite permits, leading to the conclusion that the pr
...continue readingCase Syllabus (G.R. No. 165003)
Case Overview
- This case involves a petition for review on certiorari regarding decisions made by the Court of Appeals (CA) in CA-G.R. SP No. 80613.
- The petitioners are the City Mayor of Baguio and the head of the demolition team, Engr. Nazita Baez.
- The respondents are members of the Ibaloi tribe, specifically Judith K. Cariao, Jacqueline Cariao, and the heirs of Mateo Cariao and Bayosa Ortega.
Background of the Case
- The respondents assert claims over ancestral land based on their ancestral lineage and a survey plan approved by the Director of Lands in 1920.
- Their claims pertain to a parcel of land in Resident Section "J" in Baguio City and Tuba, Benguet, which overlaps with the Baguio Dairy Farm, a government reservation.
- The claim by the respondents is currently pending before the National Commission on Indigenous Peoples (NCIP).
Demolition Order
- On June 29, 2003, the respondents filed a petition for injunction with the NCIP, seeking to prevent the demolition of structures built without the necessary permits under Demolition Order No. 17, series of 2003.
- This order was issued following complaints by the Department of Agriculture (DA) regarding the illegal construction within the Baguio Dairy Farm premises.
NCIP Proceedings
- Res