04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly Accordingly, the CA decision affirming the injunctive writ issued by respondent against the demolition orders of petitioner was reversed and set aside, and the petition for injunction (Case No. 31-CAR-06) was dismissed. In pursuance of the final Decision in G.R. No. 180206, petitioner issued the subject demolition advices for the enforcement of Demolition Order No. 33, Series of 2005 against Alexander Ampaguey, Sr. and Mr. Basatan, Demolition Order No. 83, Series of 1999 against Julio Daluyen, Sr., Concepcion Padang and Carmen Panayo, and Demolition Order No. 69, Series of 2002 against Julio Daluyen, Sr., Carmen Panayo, Benjamin Macelino, Herminia Aluyen and five other unidentified owners of structures, all in Busol Watershed, Baguio City. As it is, the aforesaid individuals filed a petition for injunction (Case No. 31-CAR-09) while Magdalena Gumangan, et al. filed a petition for identification, delineation and recognition of ancestral land claims with prayer for temporary restraining order and writ of preliminary injunction (Case No. 29-CAR09). Respondent issued separate temporary restraining orders and writs of preliminary injunction in both cases. The said orders clearly contravene our ruling in G.R. No. 180206 that those owners of houses and structures covered by the demolition orders issued by petitioner are not entitled to the injunctive relief previously granted by respondent. We note that the same issues and arguments are raised in the present petitions for injunction which sought to enjoin the same demolition orders. Magdalena Gumangan, et al. in Case No. 29-CAR-09 anchored their ownership claim over portions of Busol Forest Reservation on Proclamation No. 15 as the portions occupied by the Gumangans and Molintas, their predecessors-in-interest, are indicated in the plans. In Case No. 31-CAR-09, Alexander Ampaguey, Sr., et al. likewise trace their ownership claims to the Heirs of Molintas and Heirs of Gumangan and a title (OCT No. 44) granted to Molintas on September 20, 1919 before the property was declared a reservation in 1922. The latter further argued that by virtue of R.A. No. 8371, the jurisdiction of the DENR over the Busol Forest Reservation was transferred to the NCIP. These matters touching on the issue of whether a clear legal right exists for the issuance of a writ of preliminary injunction in favor of the said claimants have already been settled in G.R. No. 180206. In other words, the same parties or persons representing identical interests have litigated on the same issue and subject matter insofar as the injunctive relief is concerned. Evidently, the principle of res judicata applies to this case so that the parties are precluded from raising anew those issues already passed upon by this Court. We do not subscribe to respondent’s contention that petitioner resorted to the wrong remedy in assailing the injunctive orders as it should have moved for reconsideration of the same and then appeal the denial thereof to the CA. Likewise, we do not accept his explanation that his act of issuing the assailed injunctive writs was not contemptuous because the Court in G.R. No. 180206 even affirmed the power of the NCIP to issue temporary restraining orders and writs of injunction without any prohibition against the issuance of said writs when the main action is for injunction. As mentioned earlier, the Court while recognizing that the NCIP is empowered to issue temporary restraining orders and writs of preliminary injunction, nevertheless ruled that petitioners in the injunction case seeking to restrain the implementation of the subject demolition order are not entitled to such relief. Petitioner City Government of Baguio in issuing the demolition advices are simply enforcing the previous demolition orders against the same occupants or claimants or their agents elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56526 6/11