04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
prohibition with the RTC, docketed as Civil Case No. 6007-R, seeking to enjoin the
implementation of said order.[10]
In their complaint, petitioners applied for a temporary restraining order, which was
granted by the RTC. Subsequently, the RTC issued a writ of preliminary injunction
pending the final determination of the merits of the case.[11]
During trial, Verceles testified, among others, that he has a Tax Declaration and a
pending application for Ancestral Land Claim over the subject property filed before
the National Commission on Indigenous Peoples (NCIP), and that he has been
paying taxes therefor and occupying the same since 1977.[12] He also testified that
Ernesto had previously filed a case with the Office of the Department of Environment
and Natural Resources (DENR)-Cordillera Administrative Region (CAR), questioning
his possession thereof, as well as, seeking the cancellation of his tax declaration
over the said property.[13] The DENR-CAR dismissed the case in his favor, but
Ernesto appealed to the Office of the DENR Secretary. At the time the appeal was
pending, Ernesto filed the complaint for demolition before the City Engineer’s Office.
Verceles further testified that Barangay Atok Trail is covered by Proclamation No.
414, series of 1957 (Proclamation 414),which declared the same as mineral
reservation for Baguio City, for which reason he was unable to get a title over the
subject property despite his possession thereof.[14]
Punong Barangay Stephen T. Aligo was also presented by petitioners as a witness.He
testified that by Resolution No. 386, series of 1995, the City Council requested for
the release of the vast area covered by Proclamation 414, for housing purposes to
be awarded to the occupants of Barangay Atok Trail. Also, he narrated that in a
census conducted in 2003,it was found that there were two hundred thirty(230)
houses in Barangay Atok Trail and none of these houses had building permits.[15]
On the other hand, respondents’ witnesses, Antonio O. Visperas, Robert Albas
Awingan, and George Addawe, Jr., all testified that the structures of petitioners on
the subject property were not covered by any building permit.[16]Additionally,
Ernesto testified that the issue of possession over the said property was the subject
of an appeal pending before the Office of the DENR Secretary.[17]
The RTC Ruling
In a Decision[18] dated April 27, 2006, the RTC enjoined the City Government of
Baguio and its agents from implementing DO No. 5 “until and after the resolution of
all the cases/issues involving the subject property and/or area affected by the
appropriate government agencies concerned.” The injunction stemmed from its
finding that Proclamation 414 declared the entire area of Barangay Atok Trail as a
buffer zone for the mining industry, and, for that reason, all structures constructed
thereon(and not only that of petitioners) were not covered by building permits.
Thus, the RTC held that it would violate the equal protection clause if it would allow
the demolition of petitioners’ structures while leaving untouched the other structures
in the area.[19]
Dissatisfied, respondents appealed[20] to the CA.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60932
2/13