Title
Santos vs. Gabaen
Case
G.R. No. 195638
Decision Date
Mar 22, 2022
Dispute over almaciga resin RUP issuance to indigenous group; petitioner challenged NCIP orders, lacked standing, and failed to exhaust remedies; SC dismissed petition.
almaciga resin
legal standing
indigenous peoples
A

Case Summary (G.R. No. 195638)

Applicable Law and Constitutional Provisions

Primary statutory framework: Republic Act No. 8371 (Indigenous Peoples’ Rights Act of 1997, “IPRA”) — notably Section 59 (Certification Precondition), Section 66 (NCIP jurisdiction), Section 69(d) (quasi-judicial powers). NCIP implementing rules: Section 1, Part II, Rule III of the IRR (rights of ownership). Procedural vehicle: Rule 65 (certiorari and prohibition) of the Rules of Court. Constitutional backdrop: 1987 Constitution provisions cited by the Court — Section 22, Article II; Section 5, Article XII; Section 6, Article XIII; and Article VIII, Section 5(1) (original jurisdiction of the Supreme Court over certiorari/prohibition/mandamus). Relevant NCIP rules of procedure (2003 NCIP Rules) and administrative circular provisions were applied as described in the decision.

Factual Antecedents

PINPAL held RUP No. 001-09 authorizing the collection and removal of 155,503.125 kilos of almaciga resin from the CADC area in Barangay Punta Baja. Erong, a Pala’wan tribal chieftain, alleged historical customary gathering and sale of resin and complained that DENR issued PINPAL’s RUP without the NCIP Certification Precondition (CP) required by Section 59 of R.A. No. 8371 (i.e., prior NCIP certification that an area does not overlap with an ancestral domain, or that FPIC has been obtained). Erong further alleged that PINPAL required him to sell resin only to Santos, creating a market monopoly and coercively preventing him from selling to other buyers. On October 15, 2010 Erong filed a complaint with the NCIP-RHO against PINPAL and DENR; on October 20, 2010 the NCIP-RHO issued a 20-day TRO.

NCIP Proceedings and Enforcement Acts

Santos intervened on November 17, 2010, denying monopoly claims and asserting that she purchased from PINPAL’s authorized representative. The NCIP-RHO on December 2, 2010 remanded the dispute to the Pala’wan Tribal Council for customary settlement, but PINPAL later withdrew from the proposed amicable settlement and boycotted the general assembly. On February 6–7, 2011 NCIP field offices received information alleging surreptitious transport of a full load of resin from Punta Baja; the NCIP sought enforcement assistance (Philippine Marines) and issued a memorandum enjoining transport. On February 7, 2011 a vehicle sent by Santos was intercepted by Philippine Marines; the vehicle and resin were impounded and ordered to remain in NCIP custody pending resolution.

NCIP-RHO Orders Challenged

Two dispositive NCIP-RHO measures were issued: (1) an Order dated February 7, 2011 directing the impounded almaciga resins to remain confiscated and deposited with the Abo-Abo Service Center pending resolution; and (2) a Cease and Desist Order dated February 10, 2011 enjoining defendants (PINPAL, certain DENR officers and agents, Santos and others) from coercing, intimidating, or intervening with NCIP employees and from releasing the seized resin; it also admonished DENR/PENRO/CENRO officers to cease granting allegedly illegal RUPs within ancestral domains without compliance with FPIC/CP and ordered facilitation of a general assembly to elect legitimate tribal leaders and to submit financial statements of the IP organization. The Cease and Desist Order threatened contempt and penal sanctions for noncompliance.

Subsequent Administrative and Judicial Steps

Santos withdrew her Motion to Intervene on February 15, 2011 and filed a Petition for Certiorari and Prohibition with prayer for TRO before the Supreme Court. PINPAL (through Asura) also sought relief before the NCIP-RHO. The NCIP-RHO later (April 5, 2011) lifted the Cease and Desist Order insofar as it concerned the DENR but reiterated that PENRO/CENROs must observe FPIC/CP requirements. Rosvianne Y. Ybanez filed a third-party claim (April 25, 2011) for release of the impounded van; the vehicle was eventually released to her father, Nilo Ybanez.

Reliefs Sought and Parties’ Contentions

Santos sought, inter alia: issuance of a TRO and writ of prohibition to enjoin enforcement of the February 7 and February 10 NCIP-RHO orders; an injunction preventing NCIP from ruling on the validity of PINPAL’s RUP during the pendency of the petition; annulment of those NCIP orders for lack of jurisdiction and unlawfulness; and a declaration that Section 3(a) of R.A. No. 8371 and the corresponding IRR provision are unconstitutional for contravening Section 2, Article XII of the Constitution. OSG (on behalf of the government) argued Santos lacks standing, Rule 65 is not the proper remedy to question NCIP orders, NCIP acted within quasi-judicial powers (Section 69(d)), and raised that ownership provisions of IPRA allegedly conflict with the Regalian Doctrine. NCIP argued it acted within jurisdiction and due process, NCIP may question DENR-issued RUPs when ancestral domain/natural resources are implicated, and that constitutional challenges by Santos are collateral and immaterial; NCIP also urged dismissal on technical grounds. DENR later maintained the validity of its RUP and contended the NCIP lacked power to invalidate DENR action; it likewise raised constitutional objections to IPRA’s ownership provisions.

Issues Framed by the Court

The Court framed three core issues: (I) whether a petition for certiorari and prohibition was the proper remedy to challenge the NCIP-RHO orders; (II) whether Santos had legal standing to defend the validity of PINPAL’s RUP; and (III) whether the Supreme Court should take cognizance of and rule on the constitutionality of IPRA provisions conferring ownership of ancestral domain and lands to ICCs/IPs.

Analysis — Proper Remedy, NCIP Jurisdiction, and Doctrine of Hierarchy of Courts

The Court found that the first two requisites under Rule 65 (orders issued by a quasi-judicial body and claimed lack or excess of jurisdiction or grave abuse of discretion) were present because the challenged acts were NCIP quasi-judicial orders allegedly beyond jurisdiction. The third Rule 65 requisite (no plain, speedy, adequate remedy) required examination of NCIP’s jurisdictional mandate. The Court recalled NCIP’s statutory mandate to protect ICC/IP rights and its jurisdiction under Section 66 of IPRA, as amplified by the 2003 NCIP Rules of Procedure, but emphasized Unduran v. Aberasturi: Section 66 is not an across-the-board conferral of exclusive original jurisdiction — NCIP’s jurisdiction to decide claims occurs primarily when disputes arise among parties belonging to the same ICC/IP and only after customary remedies are exhausted and appropriate certification obtained. Because Santos did not belong to the concerned ICC, NCIP remedies were not available to her, and direct resort to Rule 65 petition was therefore a proper procedural vehicle to challenge the seizure of resin. However, the Court nonetheless dismissed the petition on the separate ground that Santos failed to observe the doctrine of hierarchy of courts. The Court reiterated that the Supreme Court’s original jurisdiction is a constitutional filtering mechanism and that petitioners must generally pursue lower courts (e.g., Court of Appeals) for Rule 65 relief unless exceptional circumstances exist. The Court found Santos failed to show any of the recognized exceptional circumstances (such as genuine, immediate constitutional necessity, transcendental importance, first impression, or exigency) to justify direct resort to the Supreme Court, and she offered only general assertions of urgency and magnitude without substantiation. Citing GIOS-SAMAR, Diocese of Bacolod, and Puerto Del Sol Palawan rulings, the Court declined to relax the hierarchy of courts for Santos.

Analysis — Standing and Real Party in Interest

Separately, the Court applied requirements of

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