04/02/2020
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convinced that private respondents were entitled to the relief granted by
the Commission. Proclamation No. 15 does not appear to be a definitive
recognition of private respondents’ ancestral land claim, as it merely
identifies the Molintas and Gumangan families as claimants of a portion of
the Busol Forest Reservation, but does not acknowledge vested rights
over the same. Since it is required before the issuance of a writ of
preliminary injunction that claimants show the existence of a right to be
protected, this Court, in G.R. No. 180206, ultimately granted the petition
of the City Government of Baguio and set aside the writ of preliminary
injunction issued therein.
In the case at bar, petitioners and private respondents present
the very same arguments and counter-arguments with respect to
the writ of injunction against the fencing of the Busol Watershed
Reservation. The same legal issues are thus being litigated in G.R. No.
180206 and in the case at bar, except that different writs of injunction
are being assailed. In both cases, petitioners claim (1) that Atty.
Masweng is prohibited from issuing temporary restraining orders and
writs of preliminary injunction against government infrastructure
projects; (2) that Baguio City is beyond the ambit of the IPRA; and (3)
that private respondents have not shown a clear right to be
protected. Private respondents, on the other hand, presented the same
allegations in their Petition for Injunction, particularly the alleged
recognition made under Proclamation No. 15 in favor of their ancestors.
While res judicata does not apply on account of the different subject
matters of the case at bar and G.R. No. 180206 (they assail different
writs of injunction, albeit issued by the same hearing officer), we are
constrained by the principle of stare decisis to grant the instant
petition. The Court explained the principle of stare decisis in Ting v.
Velez-Ting:
The principle of stare decisis enjoins adherence by lower
courts to doctrinal rules established by this Court in its final
decisions. It is based on the principle that once a question of
law has been examined and decided, it should be deemed
settled and closed to further argument. Basically, it is a bar to
any attempt to relitigate the same issues, necessary for two
simple reasons: economy and stability. In our jurisdiction, the
principle is entrenched in Article 8 of the Civil Code. (Citations
omitted.)
We have also previously held that “[u]nder the doctrine of stare decisis,
once a court has laid down a principle of law as applicable to a certain
state of facts, it will adhere to that principle and apply it to all future
cases where the facts are substantially the same.”[32] (Emphasis
supplied.)
Respondent’s willful disregard and defiance of this Court’s ruling on a matter
submitted for the second time before his office cannot be countenanced. By acting in
opposition to this Court’s authority and disregarding its final determination of the
legal issue pending before him, respondent failed in his duty not to impede the due
administration of justice and consistently adhere to existing laws and principles as
interpreted in the decisions of the Court.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56526
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