04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly and Safety Division, among others, (collectively called petitioners) before the National Commission on Indigenous Peoples, Cordillera Administrative Region (NCIP-CAR), Regional Hearing Office, La Trinidad, Benguet, docketed as Case No. 31-CAR-06. In their petition, private respondents basically claimed that the lands where their residential houses stand are their ancestral lands which they have been occupying and possessing openly and continuously since time immemorial; that their ownership thereof have been expressly recognized in Proclamation No. 15 dated April 27, 1922 and recommended by the Department of Environment and Natural Resources (DENR) for exclusion from the coverage of the Busol Forest Reserve. They, thus, contended that the demolition of their residential houses is a violation of their right of possession and ownership of ancestral lands accorded by the Constitution and the law, perforce, must be restrained. On October 16 and 19, 2006, Regional Hearing Officer Atty. Brain S. Masweng of the NCIP issued the two (2) assailed temporary restraining orders (TRO) directing the petitioners and all persons acting for and in their behalf to refrain from enforcing Demolition Advice dated September 18, 2006; Demolition Order dated September 19, 2006; Demolition Order No. 25, Series of 2004; Demolition Order No. 33, Series of 2005; and Demolition Order No. 28, Series of 2004, for a total period of twenty (20) days. Subsequently, the NCIP issued the other assailed Resolution dated November 10, 2006 granting the private respondents' application for preliminary injunction subject to the posting of an injunctive bond each in the amount of P10,000.00.[3] Acting on the petition for certiorari filed by petitioners,[4] the Court of Appeals upheld the jurisdiction of the NCIP over the action filed by private respondents and affirmed the temporary restraining orders dated October 16[5] and 19, 2006,[6] and the Resolution dated November 10, 2006,[7] granting the application for a writ of preliminary injunction, issued by the NCIP. The appellate court also ruled that Baguio City is not exempt from the coverage of Republic Act No. 8371, otherwise known as the Indigenous Peoples Rights Act of 1997 (IPRA). Petitioners assert that the NCIP has no jurisdiction to hear and decide main actions for injunction such as the one filed by private respondents. They claim that the NCIP has the authority to issue temporary restraining orders and writs of preliminary injunction only as auxiliary remedies to cases pending before it. Further, the IPRA provides that Baguio City shall be governed by its Charter. Thus, private respondents cannot claim their alleged ancestral lands under the provisions of the IPRA. Petitioners contend that private respondents are not entitled to the protection of an injunctive writ because they encroached upon the Busol Forest Reservation and built structures thereon without the requisite permit. Moreover, this Court, in Heirs of Gumangan v. Court of Appeals,[8] had already declared that the Busol Forest elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/48710 2/8

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