The Supreme Court ruled that preliminary injunctions cannot be granted to restrain the City Government of Baguio from enforcing demolition orders on properties within the Busol Forest Reserve, even if the occupants claim ancestral land rights. This decision emphasizes the paramount importance of preserving watersheds for the public good, setting aside concerns for individual land claims that have not yet been definitively recognized, thus safeguarding the water supply for Baguio and neighboring communities. The court balanced environmental protection with ancestral domain claims, prioritizing the former where the latter lacked established legal standing.

Busol Watershed Under Siege: Can Injunctions Shield Unproven Ancestral Claims?

The case revolves around conflicting interests in the Busol Forest Reserve in Baguio City. The City Government sought to enforce demolition orders against structures built within the reserve, arguing for the need to protect this vital watershed. Conversely, certain individuals claiming ancestral rights sought to prevent these demolitions, asserting their rights under the Indigenous Peoples Rights Act (IPRA) and seeking injunctive relief from the National Commission on Indigenous Peoples (NCIP). The central legal question is whether the NCIP can issue preliminary injunctions to halt demolition orders when the claimants’ ancestral land rights are not yet definitively recognized.

The controversy began with petitions filed before the NCIP-Cordillera Administrative Region (CAR) by private respondents asserting ancestral land claims within the Busol Forest Reserve. These petitions sought to restrain the City Government of Baguio from enforcing demolition orders against their properties, pending the identification and delineation of their ancestral lands. Atty. Brain Masweng, the NCIP-CAR Hearing Officer, initially granted temporary restraining orders (TROs) and subsequently issued writs of preliminary injunction in favor of the private respondents, effectively halting the city’s demolition efforts. Aggrieved, the City Government elevated the matter to the Court of Appeals (CA) through a petition for certiorari, questioning the NCIP’s authority to issue such injunctive reliefs.

The CA dismissed the City Government’s petition, citing procedural flaws and upholding the NCIP’s power to issue the injunctions. The appellate court reasoned that the City Government had failed to file a motion for reconsideration before the NCIP, and it found no grave abuse of discretion on the part of the NCIP in issuing the injunctive relief. Dissatisfied with the CA’s decision, the City Government brought the case before the Supreme Court, raising issues of procedural defects and the propriety of the injunctive relief granted to the private respondents. The Supreme Court, however, found the petition meritorious, ultimately reversing the CA’s decision.

Before addressing the substantive issues, the Supreme Court clarified several procedural matters. It acknowledged that the case had been rendered moot and academic due to supervening events, specifically the Court’s prior decision in City Government of Baguio v. Atty. Masweng (contempt case), 727 Phil. 540 (2014), which had already set aside the provisional remedies issued by Atty. Masweng. However, the Court recognized exceptions to the mootness doctrine, including instances involving paramount public interest and the potential for repetition of the issues. Considering the significance of the Busol Water Reserve to the water supply of Baguio City and the likelihood of similar disputes arising in the future, the Court proceeded to resolve the substantive issues.

The Supreme Court also addressed the CA’s finding that the City Government’s petition was procedurally defective for failing to file a motion for reconsideration before the NCIP. The Court acknowledged the general rule requiring a motion for reconsideration as a condition precedent to a petition for certiorari. However, it recognized several exceptions to this rule, as outlined in Republic of the Philippines v. Pantranco North Express, Inc., 682 Phil. 186 (2012), including instances where the issue raised is purely of law or involves public interest. The Court found that these exceptions applied in this case, given the urgency of preserving the Busol Forest Reserve and the significant public interest involved.

Furthermore, the Court dismissed the CA’s conclusion that the City Government had engaged in forum shopping. It explained that forum shopping exists when a party seeks a favorable opinion in another forum after an adverse judgment in one forum, involving the same parties, rights asserted, and reliefs prayed for. In this case, the Court found that the petition for certiorari before the CA and the motion to dismiss before the NCIP involved different reliefs based on different facts. The petition for certiorari questioned the issuance of provisional remedies, while the motion to dismiss sought the dismissal of the main complaint for a permanent injunction. The Court reasoned that a judgment in one would not necessarily amount to res judicata in the other, thus negating the element of forum shopping.

Turning to the merits of the case, the Supreme Court emphasized the requisites for the issuance of a preliminary injunction. Under Section 3, Rule 58 of the Rules of Court, a preliminary injunction may be granted when the applicant is entitled to the relief demanded, the commission of the act complained of would work injustice to the applicant, or the act violates the applicant’s rights and tends to render the judgment ineffectual. The Court stressed that a clear and unmistakable right must be established before a preliminary injunction can be issued, citing Transfield Philippines, Inc. v. Luzon Hydro Corporation, 485 Phil. 699, 726 (2004).

The Court found that the private respondents failed to demonstrate a clear and unmistakable right over the land in the Busol Forest Reserve. They admitted that their claims for recognition were still pending before the NCIP, which the Court deemed insufficient to justify the issuance of the injunctive relief. The Court also noted that any potential injury to the private respondents could be compensated through damages, thus negating the requirement of irreparable injury necessary for the issuance of a preliminary injunction. The need to preserve the Busol Water Reserve outweighed the private respondents’ claims.

Moreover, the Supreme Court invoked the principle of stare decisis, which dictates that courts should adhere to principles of law laid down in previous cases when the facts are substantially the same. The Court referred to its previous decisions in The City Government of Baguio v. Atty. Masweng, 597 Phil. 668 (2009), and The Baguio Regreening Movement, Inc. v. Masweng, 705 Phil. 103 (2013), which involved similar claims over the Busol Forest Reserve. In those cases, the Court had ruled that Proclamation No. 15, which the claimants relied upon, was not a definitive recognition of ancestral land claims. The Court held that these prior rulings were binding in the present case, compelling the conclusion that the injunctive relief issued by the NCIP was without basis.

The Supreme Court underscored the significance of preserving watersheds, citing Province of Rizal v. Executive Secretary, 513 Phil. 557 (2005):

Water is life, and must be saved at all costs… 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.

The ruling in this case serves as a reminder of the delicate balance between protecting the environment and recognizing the rights of indigenous peoples. It underscores that ancestral domain claims must be substantiated with clear legal rights, particularly when they conflict with the paramount interest of preserving essential natural resources like watersheds.

FAQs

What was the key issue in this case?	The central issue was whether the NCIP could issue preliminary injunctions to stop the City of Baguio from enforcing demolition orders within the Busol Forest Reserve, given pending ancestral land claims. The court had to balance environmental protection with indigenous rights.
What is the Busol Forest Reserve?	The Busol Forest Reserve is a vital watershed area in Baguio City, serving as a primary source of water for the city and surrounding communities. Its preservation is crucial for ensuring a sustainable water supply and preventing environmental degradation.
What is a preliminary injunction?	A preliminary injunction is a court order that restrains a party from performing a specific act or acts during the pendency of a legal action. Its purpose is to prevent irreparable harm and maintain the status quo until a final determination on the merits of the case.
What is the significance of Proclamation No. 15?	Proclamation No. 15 was invoked by the claimants as evidence of ancestral land rights. However, the Supreme Court clarified that Proclamation No. 15 merely identifies claimants but does not definitively recognize vested ancestral land rights.
What is the principle of stare decisis?	Stare decisis is a legal doctrine that obligates courts to follow precedents set in prior decisions when dealing with similar facts and legal issues. This promotes consistency and predictability in the application of the law.
Why did the Supreme Court reverse the Court of Appeals’ decision?	The Supreme Court reversed the CA because the claimants failed to demonstrate a clear and unmistakable right to the land, a requirement for preliminary injunctions. The higher court prioritized the protection of the Busol Water Reserve as a vital resource.
What is the Indigenous Peoples Rights Act (IPRA)?	The IPRA, or Republic Act No. 8371, recognizes and protects the rights of indigenous cultural communities/indigenous peoples (ICCs/IPs) to their ancestral domains and ancestral lands. It aims to preserve their cultural heritage and ensure their self-determination.
What is the implication of this ruling?	The ruling underscores that while ancestral domain claims are important, they must be balanced against the need to protect vital environmental resources. Preliminary injunctions will not be granted based on pending or contingent claims alone.

In conclusion, the Supreme Court’s decision in this case reinforces the importance of environmental preservation, particularly concerning vital resources like watersheds. While recognizing the rights of indigenous peoples, the Court has set a precedent requiring a clear and unmistakable legal right before preliminary injunctions can be issued to halt government actions aimed at protecting these resources. This ensures a balanced approach that safeguards both the environment and the rights of individuals, while upholding the rule of law.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: THE CITY GOVERNMENT OF BAGUIO VS. ATTY. BRAIN MASWENG, G.R. No. 195905, July 04, 2018