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Issuance of a Temporary Restraining Order and/or Writ of Preliminary
Injunction are DENIED for being moot and academic and the assailed
Resolution Nos. 107-2010-AL and 108-2010-AL both dated 10 November
2010 and both rendered by the National Commission on Indigenous
Peoples are hereby AFFIRMED.
SO ORDERED.[18]
The Issues
In this Petition, the Republic of the Philippines seeks a reversal of the decision of the
Court of Appeals and raises the following arguments:
A. THE HONORABLE COURT OF APPEALS COMMITTED A REVERSIBLE
ERROR WHEN IT DECLARED THAT LANDS WITHIN BAGUIO CITY
AND THE BAGUIO TOWNSITE RESERVATION ARE COVERED BY
IPRA, CONTRARY TO LAW AND JURISPRUDENCE COROLLARY FOR
THE FOLLOWING REASONS:
1. THE BAGUIO TOWNSITE RESERVATION, WITH THE EXCEPTION
OF EXISTING PROPERTY RIGHTS RECOGNIZED OR VESTED
BEFORE THE EFFECTIVITY OF THE IPRA, IS EXEMPT FROM THE
COVERAGE OF SAID LAW AS PROVIDED IN SECTION 78
THEREOF.
2. THE NCIP HAS NO JURISDICTION TO ISSUE CALTS OVER
LANDS WITHIN BAGUIO CITY AND THE BAGUIO TOWNSITE
RESERVATION, OUTSIDE OF THOSE OVER WHICH PRIOR LAND
RIGHTS AND TITLES HAVE BEEN EARLIER RECOGNIZED BY
JUDICIAL, ADMINISTRATIVE, OR OTHER PROCESSES BEFORE
THE EFFECTIVITY OF THE IPRA.
B. THE HONORABLE COURT OF APPEALS COMMITTED A REVERSIBLE
ERROR
WHEN
IT
RULED THAT
THE ASSAILED NCIP
RESOLUTIONS ARE VALID, CONTRARY TO THE CONSTITUTION AND
APPLICABLE LAWS AND JURISPRUDENCE.
C. ASSUMING ARGUENDO THAT THE SUBJECT CERTIFICATES OF
ANCESTRAL LAND TITLES ARE VALID, THE HONORABLE COURT
OF APPEALS COMMITTED REVERSIBLE ERROR WHEN IT UPHELD
THE ISSUANCE OF TCT BASED ON THE CALTS. THERE IS NO LAW
WHICH ALLOWS THEIR CONVERSION INTO TORRENS CERTIFICATES
OF TITLE.[19]
The Republic seeks the issuance of a writ of preliminary prohibitory injunction, and a
permanent injunction to restrain and enjoin the NCIP from further issuing
Certificates of Ancestral Domain Title (CADT) and CALTs in Baguio City. The subject
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