Appeals court urged: Stop NCIP from issuing TROs

By Isagani S. Liporada

BAGUIO CITY – The city legal office filed a motion for reconsideration Sept. 3 to reverse a Court of Appeals decision upholding the power of the National Commission on Indigenous power to issue temporary restraining orders against the city government particularly over lands here in the Busol Watershed.

The TROs were issued by NCIP against the city preventing implementation of demolition orders against claimants of parcels of land at Busol which is subject of the original city government petition in the CA.

CLO lawyer Hannah Calitong in a motion before the CA questioned the NCIP’s position that “is not barred by the local government’s failure to file an MR with NCIP.”

She said filing of MR with NCIP is “useless” citing public respondent and NCIP hearing officer Brain Masweng’s consistent stand on the issue of the questioned injunctive relief sought by the settlers.

She said the position of NCIP can be read through similar cases such as the City of Baguio vs. Masweng, decided by the Supreme Court in 2009. “Despite the Supreme Court’s decision dissolving injunctive writs, Masweng still issued the same which reflects his inflexible stand.”

Calitong said in the case of Gumangan vs. CA decided by the SC in 2009 as in the City of Baguio vs. Masweng, NCIP’s, recognition of claims in the watershed were already nullified by the SC.
“Still,” she added, “NCIP recognized the same claims in issuing the TROs.”

Calitong said the petition questioning NCIP’s orders is an exception for filing an MR.

She said the case involving Baguio’s major water source, is vested with public interest that any further delay in the resolution of issues surrounding the same, would prejudice interests of the City Government.

Meanwhile on the issue that the city is forum shopping, the CLO maintained their remedy was premised on attendant “grave abuse of discretion” by NCIP.

Calitong said the city basically prayed the NCIP issuances be nullified and its additional prayer was merely a matter of defense. “After all,” she added, “We were the ones dragged by the settlers to the NCIP case; hence, the filing of the responsive pleading praying for the dismissal of the cases.”

Assigning error to the issuance of TROs, the CLO clarified the city is not questioning NCIP’s power to issue the writs.

It is questioning the issue of the same without the proper requisites provided by law, in this case, absence of clear right to possess any parcels of property within the Busol Forest Reservation.