Decision
2
G.R. No. 212607
On August 15, 2011, Abis filed with the NCIP RHO IV a Complaint6
entitled "Andrew Abis v. Puerto Del Sol Resort/Michael Bachelor" for
"Unauthorized and Unlawful Intrusion with Prayer for TRO and Permanent
Injunction with Damages." The case was docketed as NCIP Case No. 038RIV-l l.
In the said Complaint, Abis alleged that he and his predecessors-ininterest, who are all members of the Cuyunen Tribe, have been occupying
and cultivating property located in Sitio Orbin, Brgy. Concepcion,
Busuanga, Palawan as their ancestral land since time immemorial. It is
claimed that PDSPI, through Michael Batchelor, entered the Cuyunen
ancestral lands, put up a "no trespassing, private property" sign therein,
installed armed security guards, destroyed crops and plants planted by the
tribe, and occupied a portion of the Cuyunen ancestral lands. The Puerto del
Sol Resort was subsequently developed in the Cuyunen ancestral lands. 7
Finding the petition for Temporary Restraining Order (TRO)
sufficient in form and substance, a TRO was issued by the NCIP RHO IV on
August 22, 2011. 8
On September 8, 2011, PDSPI filed an Answer, 9 denying the
allegations of Abis. PDSPI maintained that the Puerto del Sol Resort is not
in conflict and does not overlap with any ancestral domain.
On November 22, 2012, after assessing all the facts and evidence
adduced by both parties, the NCIP RHO IV, through Gabaen, rendered its
Decision 10 in favor of Abis, holding that the land wherein the Puerto del Sol
Resort is situated in the ancestral lands of the Cuyunen Tribe. Further, the
NCIP RHO IV found that PDSPI unlawfully intruded into the ancestral
domain of the Cuyunen Tribe.
PDSPI received a copy of the Decision dated November 22, 2012 on
November 29, 2012. 11
A Motion for Reconsideration 12 dated December 10, 2012 was filed
by PDSPI fourteen (14) days from November 29, 2012 or on December
13, 2012, which was eventually denied by the NCIP RHO IV in its Order 13
dated December 18, 2012.
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at 35-37.
at 35.
at 53.
at 38-42.
at 43-54.
at 55.
at 55-57.
at 58-59.