10/12/2019
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This brings us to the second self-evident point. Water is life, and must be
saved at all costs. In Collado v. Court of Appeals, we had occasion to
reaffirm our previous discussion in Sta. Rosa Realty Development
Corporation v. Court of Appeals, on the primordial importance of watershed
areas, thus: The most important product of a watershed is water,
which is one of the most important human necessities. The protection
of watersheds ensures an adequate supply of water for future generations
and the control of flash floods that not only damage property but also
cause[s] loss of lives. Protection of watersheds is an intergenerational
responsibility that needs to be answered now.[31] (emphasis and underlining
supplied)
While the Court does not discount the possible loss private respondents may suffer
should their land claims be recognized with finality, still it bears re.iterating that they
failed to show that they are entitled to an injunctive relief. In summary, private
respondents do not have a clear and unmistakable legal right because their land claims
are still pending recognition and any loss or injury they may suffer can be compensable
by damages. To add, their occupation of the Busol Water Reserve poses a continuing
threat of damaging the preservation or viability of the watershed. Any danger to the
sustainability of the Busol Water Reserve affects not only individuals or families inside
the watershed but also the entire community relying on it as a source of a basic human
necessity-water. Furthermore, unlike the injury private respondents may suffer, any
damage to the Busol Water Reserve is irreversible and may not only affect the present
generation but also those to come.
Stare decisis vis-a-vis res judicata
In its assailed decision, the CA ruled that the NCIP did not act with grave abuse of
discretion because its actions were in accordance with law as it complied with the IPRA
and its implementing rules and regulations. Still, it must be remembered that judicial
decisions form part of the law of the land.[32]
In The City Government of Baguio v. Atty. Masweng (City Government of Baguio),[33]
the Court explained that Proclamation No. 15 is not a definitive recognition of land
claims over portions of the Busol Forest Reserve, to wit:
The foregoing provision indeed states that Baguio City is governed by its
own charter. Its exemption from the IPRA, however, cannot ipso facto be
deduced because the law concedes the validity of prior land rights
recognized or acquired through any process before its effectivity. The IPRA
demands that the city's charter respect the validity of these recognize-land
rights and titles.
The crucial question to be asked then is whether private respondents'
ancestral land claim was indeed recognized by Proclamation No. 15, in which
case, their right thereto may be protected by an injunctive writ. After all,
before a writ of preliminary injunction may be issued, petitioners must show
that there exists a right to be protected and that the acts against which
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