04/02/2020
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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
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