04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly Some of the settlers tried to return to the Island but were driven away by the CRMF; thus, they went to the Philippine Commission on Human Rights (PCHR) to file a complaint against the government and CRMF. A fact-finding commission was established by the PCHR and dialogues were held among the parties. On February 17 and 23, 1987, the fact-finding commission submitted two memoranda[17] recommending (1) the repeal of Proclamation No. 1578 for being violative of the settlers' Bill of Rights; and (2) the immediate return of the settlers to Calauit. In June 1987, the petitioners, with the other settlers, once again tried to return to Calauit, with success this time around. Meantime, the PCHR referred the aforementioned complaint to then DNR Secretary Fulgencio Factoran, who, on July 14, 1987 issued an Order[18] directing the settlers who returned to Calauit to "immediately vacate the sanctuary and return to their resettlement areas of Halsey [and] Burabod." In response to the above Order, the concerned settlers filed a Petition for Certiorari with this Court, docketed as G.R. No. 80034, entitled "Reynaldo Rufino, et al. v. Hon. Secretary Fulgencio Factoran, et al." In a Resolution[19] dated February 16, 1988, this Court dismissed the petition for being factual in nature, to wit: G.R. No. 80034 (Reynaldo Rufino, et al. vs. Hon. Secretary Fulgencio Factoran, et al.). It appearing from the allegations and arguments of the parties in their respective pleadings that the issues presented to the Court for determination are mainly factual in nature, among them the manner of the petitioners' transfer from Calawit to Halsey and Burabod, the conditions obtaining in the places to which they have been relocated, the terms and conditions of their resettlement, including the benefits, if any, extended to them by the government, the number of persons involved in the Back-to-Calawit Movement, and whether or not there have really been violations of human rights against the petitioners, the Court, not being a trier of facts, Resolved to DISMISS the petition, without prejudice to the filing by the petitioners of the appropriate action before the regional trial court for trial and determination of the said factual issues.[20] On March 10, 1988, the petitioners filed a petition with the RTC, Branch 134, Makati, Metro Manila, docketed as Civil Case No. 88-298, entitled "Reynaldo Rufino, et al. v. Hon. Fulgencio Factoran, et al.," for the issuance of a preliminary injunction against the Department of Environment and Natural Resources (DENR), to enjoin the latter from implementing Secretary Factoran's July 14, 1987 Order, and for the declaration of nullity of Proclamation No. 1578 for being unconstitutional.[21] In an Order dated April 6, 1988, the RTC of Makati, denied the motion for the issuance of a writ of preliminary injunction, and upheld the constitutionality of Proclamation No. 1578.[22] On April 17, 1989, the RTC of Makati issued another Order[23] dismissing the case without prejudice, to wit: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61037 4/19

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