10/12/2019 E-Library - Information At Your Fingertips: Printer Friendly Taking into account all the cases involving land claims over the Busol Water Reserve, it is settled that Proclamation No. 15 and the IPRA, notwithstanding, provisional remedies such as TROs and writs of preliminary injunction should not ipso facto be issued to individuals who have ancestral claims over Busol. It is imperative that there is a showing of a clear and unmistakable legal right for their issuance because a pending or contingent right is insufficient. Nevertheless, the grant or denial of these provisional remedies should not affect their ancestral land claim as the applicants are not barred from proving their rights in an appropriate proceeding. WHEREFORE, the petition is GRANTED. The 5 August 2010 Decision and 31 January 2011 Resolution of the Court of Appeals in CA-G.R. SP No. 110598 are REVERSED. The Temporary Restraining Order and the Writ of Preliminary Injunction issued by the National Commission on Indigenous Peoples-Cordillera Administrative Region in NCIP Case Nos. 29-CAR-09 and 31-CAR-09 are hereby SET ASIDE. SO ORDERED. Velasco, Jr., (Chairperson), Bersamin, Leonen, and Gesmundo, JJ., concur. July 26, 2018 NOTICE OF JUDGMENT Sirs / Mesdames: Please take notice that on July 4, 2018 a Decision, copy attached hereto, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on July 26, 2018 at 10:45 a.m. Very truly yours, (SGD) WILFREDO V. LAPITAN Division Clerk of Court [1] Rollo, pp. 60-80. [2] Id. at 81-82. [3] CA rollo, pp. 517-527. [4] Id. at 76-83. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64367 11/13