04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly Indigenous Cultural Communities and/or the Indigenous Peoples as defined under the IPRA. In its Decision[17] dated June 29, 2011, the CA upheld the RTC's issuance of a final injunction based on the following ratiocination: The requisites necesary for the issuance of a writ of preliminary injunction are: (1) the existence of a clear and unmistakable right that must be protected; and (2) an urgent and paramount necessity for the writ to prevent serious damage. Here, [Rev. Cortez] has shown the existence of a clear and unmistakable right that must be protected and an urgent and paramount necessity for the writ to prevent serious damage. Records reveal that [Rev. Cortez] has been in peaceful possession and occupation of the western portion of Palaui Island, Sitio Siwangag, San Vicente, Sta. Ana[J Cagayan since 1962 or prior to the issuance of Proclamation Nos. 201 and 447 in 1967 and 1994, respectively. There he built an orphanage and a school for the benefit of the members of the Dumagat Tribe, in furtherance of his missionary and charitable works. There exists a clear and unmistakable right in favor [of Rev. Cortez] since he has been in open, continuous and notorious possession of a portion of Palaui island. To deny the issuance of a writ of injunction would cause grave and irreparable injury to [Rev. Cortez] since he will be displaced from the said area which he has occupied since 1962. It must be emphasized that Proclamation Nos. 201 and 447 stated that the same are subject to private rights, if there be [any]. Though Palaui Island has been declared to be part of the naval reservation and the whole [i]sland as a marine protected area, both recognized the existence of private rights prior to the issuance of the same. From the foregoing, we rule that the trial court did not err when it made permanent the writ of preliminary mandatory injunction. Section 9, Rule 58 of the Rules of Court provides that if after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently enjoined, the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts or confirming the preliminary mandatory injunction.[18] Anent the issue of Rev. Cortez not being a real party-in-interest, the CA noted that this was not raised before the RTC and therefore cannot be considered by it. Finally, with respect to the RTC's mention of the IPRA, the CA found the same to be a mere obiter dictum. The dispositive portion of the CA Decision reads: WHEREFORE, premise[s] considered, the instant Appeal is hereby DENIED. The assailed 3 July 2007 Decision of the Regional Trial Court of Aparri, Cagayan, Branch 8 in Civil Case No. 11-2403 is AFFIRMED. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61257 5/13