04/02/2020
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On appeal, the Court of Appeals (CA) affirmed the injunctive writ issued by the
NCIP-CAR against the demolition orders. The case was then elevated to this Court in
G.R. No. 180206 entitled, “City Government of Baguio City v. Masweng.”[11]
On February 4, 2009, this Court rendered a Decision reversing and setting aside the
ruling of the CA and dismissed NCIP Case No. 31-CAR-06. This Court held that
although the NCIP had the authority to issue temporary restraining orders and writs
of injunction, Elvin Gumangan, et al., were not entitled to the relief granted by the
NCIP-CAR. On April 22, 2009, this Court denied with finality the motion for
reconsideration filed by Elvin Gumangan, et al. The decision thus became final and
executory on June 9, 2009.[12]
Thereafter, petitioner, through the Office of the Mayor, issued Demolition Advices
dated May 20, 2009[13] and July 20, 2009[14] against Alexander Ampaguey, Sr.,[15]
a certain Mr. Basatan, Julio Daluyen, Sr.,[16] Carmen Panayo, and Concepcion
Padang. Said Demolition Advices notified them that Demolition Order No. 33, Series
of 2005 and Demolition Order No. 83, Series of 1999 will be enforced in July 2009
and advised them to voluntarily dismantle their structures built on the Busol
Watershed.
On July 23, 2009, Magdalena Gumangan, Marion Pool, Lourdes Hermogeno,
Bernardo Simon, Joseph Legaspi, Joseph Basatan, Marcelino Basatan, Josephine
Legaspi and Lansigan Bawas filed a petition[17] for the identification, delineation and
recognition of their ancestral land and enforcement of their rights as indigenous
cultural communities/indigenous peoples, with prayer for the issuance of a TRO and
writ of preliminary injunction. The case was docketed as NCIP Case No. 29-CAR09.
On July 27, 2009, Alexander Ampaguey, Sr., Julio Daluyen, Sr., Carmen Panayo and
Concepcion Padang filed a petition[18] for injunction with urgent prayer for issuance
of a temporary restraining order and writ of preliminary injunction before the NCIP
against petitioner and the City Building and Architecture Office. The case was
docketed as NCIP Case No. 31-CAR-09. They averred that they are all indigenous
people particularly of the Ibaloi and Kankanaey Tribes, who are possessors of
residential houses and other improvements at Bayan Park and Ambiong, Aurora Hill,
Baguio City by virtue of transfers effected in accordance with traditions and
customary laws from the ancestral land claimants namely, the Heirs of Molintas and
the Heirs of Gumangan. They sought to enjoin the enforcement of the demolition
orders.
On the same day, July 27, 2009, respondent issued two separate 72-hour temporary
restraining orders in NCIP Case Nos. 31-CAR-09[19] and 29-CAR-09.[20] The order in
NCIP Case No. 31-CAR-09 restraining the implementation of the demolition advices
and demolition orders reads:
WHEREFORE, premises considered, a Temporary Restraining Order
pursuant to Section 69 (d) of R.A. [No.] 8371 in relation to Section 83 of
NCIP Administrative Circular No. 1, series of 2003 is hereby issued
against the respondents namely, CITY OF BAGUIO represented by City
Mayor REINALDO BAUTISTA JR., CITY BUILDING AND ARCHITECTURE
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56526
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