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727 Phil. 540
FIRST DIVISION
[ G.R. No. 188913, February 19, 2014 ]
CITY GOVERNMENT OF BAGUIO, HEREIN REPRESENTED BY CITY
MAYOR REINALDO A. BAUTISTA, JR., PETITIONER, VS. ATTY.
BRAIN S. MASWENG, RESPONDENT.
DECISION
VILLARAMA, JR., J.:
Before this Court is a petition for contempt[1] against respondent Atty. Brain S.
Masweng who issued the following orders in his capacity as the Regional Hearing
Officer of the National Commission on Indigenous Peoples, Cordillera Administrative
Region (NCIP-CAR):
(1) 72-Hour Temporary Restraining Order[2] dated July 27, 2009, Order[3]
dated July 31, 2009 and Writ of Preliminary Injunction[4] in NCIP Case
No. 31-CAR-09 and
(2) 72-Hour Temporary Restraining Order[5] dated July 27, 2009, Order[6]
dated July 31, 2009 and Writ of Preliminary Injunction[7] in NCIP Case
No. 29-CAR-09.
The factual antecedents:
Petitioner City Government of Baguio, through its then Mayor, issued Demolition
Order No. 33, Series of 2005 and Demolition Order Nos. 25 and 28, Series of 2004,
ordering the demolition of illegal structures that had been constructed on a portion
of the Busol Watershed Reservation located at Aurora Hill, Baguio City, without the
required building permits and in violation of Section 69[8] of the Revised Forestry
Code, as amended, the National Building Code[9] and the Urban Development and
Housing Act.[10] Pursuant to said demolition orders, demolition advices dated
September 19, 2006 were issued by the city government informing the occupants of
the intended demolition of the structures on October 17 to 20, 2006.
On October 13, 2006, a petition for injunction with prayer for temporary restraining
order and writ of preliminary injunction was filed by Elvin Gumangan, Narciso
Basatan and Lazaro Bawas before the NCIP-CAR against the City of Baguio, The
Anti-Squatting Committee, City Building and Architecture Office, and Public Order
and Safety Office. The case was docketed as NCIP Case No. 31-CAR-06.
On October 16 and 19, 2006, herein respondent, Atty. Brain Masweng, the Regional
Hearing Officer of the NCIP-CAR, issued two temporary restraining orders directing
petitioner and all persons acting in its behalf from enforcing the demolition orders
and demolition advices for a total period of 20 days. Subsequently, the NCIP-CAR,
through respondent, granted the application for preliminary injunction.
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