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597 Phil. 668
SECOND DIVISION
[ G.R. No. 180206, February 04, 2009 ]
THE CITY GOVERNMENT OF BAGUIO CITY, REPRESENTED BY
REINALDO BAUTISTA, JR., CITY MAYOR; THE ANTI-SQUATTING
COMMITTEE, REPRESENTED BY ATTY. MELCHOR CARLOS R.
RAGANES, CITY BUILDINGS AND ARCHITECTURE OFFICE,
REPRESENTED BY OSCAR FLORES; AND PUBLIC ORDER AND
SAFETY OFFICE, REPRESENTED BY EMMANUEL REYES,
PETITIONERS. VS. ATTY. BRAIN MASWENG, REGIONAL OFFICERNATIONAL COMMISSION ON INDIGENOUS PEOPLE-CAR, ELVIN
GUMANGAN, NARCISO BASATAN AND LAZARO BAWAS,
RESPONDENTS.
DECISION
TINGA, J.:
Petitioners, the City Government of Baguio City, represented by its Mayor, Reinaldo
Bautista, Jr., the Anti-Squatting Committee, represented by Atty. Melchor Carlos R.
Rabanes; the City Buildings and Architecture Office, represented by Oscar Flores;
and the Public Order and Safety Office, represented by Emmanuel Reyes and later
substituted by Gregorio Deligero, assail the Decision[1] of the Court of Appeals in CA
G.R. SP No. 96895, dated April 16, 2007, and its Resolution[2] dated September 11,
2007, which affirmed the injunctive writ issued by the National Commission on
Indigenous Peoples (NCIP) against the demolition orders of petitioners.
The following undisputed facts are culled from the assailed Decision:
The case stemmed from the three (3) Demolition Orders issued by the
City Mayor of Baguio City, Braulio D. Yaranon, ordering the demolition of
the illegal structures constructed by Lazaro Bawas, Alexander Ampaguey,
Sr. and a certain Mr. Basatan 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 of Presidential Decree No.
705, as amended, Presidential Decree No. 1096 and Republic Act No.
7279.
Pursuant thereto, the corresponding demolition advices dated September
19, 2006 were issued informing the occupants thereon of the intended
demolition of the erected structures on October 17 to 20, 2006.
Consequently, Elvin Gumangan, Narciso Basatan and Lazaro Bawas
(hereinafter private respondents) filed a petition for injunction with
prayer for the issuance of a temporary restraining order and/or writ of
preliminary injunction against the Office of the City Mayor of Baguio City
through its Acting City Mayor, Reynaldo Bautista, the City Building and
Architecture Office, the Anti-Squatting Task Force, and the Public Order
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