History of NCIP It was during the American regime that the Bureau of Non-Christian Tribes under the Department

of Interior was created, for the purpose of helping the ICCs/IPs, who were then referred to as the non-Christian tribes !ubse"uentl#, to gi$e it more power, it was ele$ated to an independent bod#-the Commission on National Integration %CNI& In '()*, the CNI was abolished Then President +erdinand , -arcos created the !outhern Philippine De$elopment Authorit# %!PDA& and the Presidential Assistance on National -inorities %PANA-IN& The !PDA undertoo. the implementation of programs for the -uslims which agenc# later became the -inistr# of -uslim Affairs The PANA-IN, on the other hand, implemented the programs for the non--uslims or other tribal groups It sought to integrate into the mainstream of societ# certain ethnic groups, and at the same time protect the rights of those who wish to preser$e their original lifewa#s beside the larger communit# In '(/0, the go$ernment under Pres +erdinand -arcos created the 1ffice for -uslim Affairs and Cultural Communities %1-ACC& b# $irtue of the ,2ecuti$e 1rder No (3( The 1-ACC catered to the needs of both the -uslim and Non--uslim communities This agenc# did not last long as go$ernment management reali4ed that lumping the Islamici4ed groups and the ICCs into one office did not wor. well as en$isioned In 5anuar# '(/), the 1-ACC was abolished and the A"uino administration issued three ,2ecuti$e 1rders creating three distinct and separate offices, as follows, , 1 No '**-A, creating the 1ffice for the -uslim Affairs %1-A&6 , 1 '**-B, creating the 1ffice for Northern Cultural Communities %1NCC& and , 1 '**-C, creating the 1ffice for !outhern Cultural Communities %1!CC& These three 1ffices were attached to the 1ffice of the President A$owing the rights and welfare of the ICCs/IPs, particularl# their clamor on land tenure securit# and the recognition of their freedom to ma.e choices under the rubric of human rights and de$elopment, 7epublic Act /8)' was enacted into law on 1ctober *(, '((), creating the National Commission on Indigenous Peoples %NCIP& merging the 1NCC and 1!CC as its organic offices NCIP in general The National Commission on Indigenous Peoples %NCIP& is an agenc# of the Philippine go$ernment responsible for the formulation and implementation of policies, plans and programs to promote and protect the interest and wellbeing of the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions and the recognition of their ancestral domains as well as their rights thereto The NCIP e$ol$ed through a series of go$ernmental reorgani4ations in an effort to properl# address the multifarious issues and concerns confronting the countr#9s di$erse Indigenous Cultural Communities/ Indigenous Peoples %ICCs/IPs&, and to effecti$el#, efficientl# and responsi$el# deli$er basic ser$ices to them 7epublic Act /8)' was enacted into law on 1ctober *(, '((), creating the National Commission on Indigenous Peoples %NCIP& The NCIP is composed of se$en Commissioners, one of whom is the Chairperson The Commissioners are appointed b# the President of the Philippines from a list of recommenders submitted b# authentic ICCs/ IPs The se$en %)& Commissioners are appointed specificall# from each of the following ethnographic areas: ' * 8 7egion I and the Cordilleras6 7egion II6 the rest of ;u4on6

0 ? 3

Island <roups including -indoro, Palawan, 7omblon, Pana# and the rest of the =isa#as6 Northern and >estern -indanao6 !outhern and ,astern -indanao6 and Central -indanao

At least two %*& of the se$en %)& Commissioners appointed must be women

Qualifications, Tenure, Compensation. The Chairperson and the si2 %3& Commissioners must be: a& Natural born +ilipino citi4ens, b& Bona fide members of ICCs/IPs as certified b# his/her tribe, c& ,2perienced in ethnic affairs, and d& ha$e wor.ed for at least ten %'@& #ears with an ICC/IP communit# and/or an# go$ernment agenc# in$ol$ed in ICC/IP, e& At least 8? #ears of age at the time of appointment, f& And must be of pro$en honest# and integrit# It must be noted that at least two %*& of the se$en %)& Commissioners must be members of the Philippine Bar The members of the NCIP hold office for a period of three %8& #ears, and ma# be subAect to reappointment for another term Bowe$er, no person shall ser$e for more than two %*& terms Appointment to an# $acanc# shall onl# be for the une2pired term of the predecessor and in no case shall a member be appointed or designated in a temporar# or acting capacit#

NCIP, composition of: The NCIP is also comprised of the following offices are responsible for the implementation of the policies as pro$ided in 7A /8)': a& Ancestral Domains 1ffice The Ancestral Domain 1ffice shall be responsible for the identification, delineation and recognition of ancestral lands/domains b& 1ffice on Polic#, Planning and 7esearch The 1ffice on Polic#, Planning and 7esearch shall be responsible for the formulation of appropriate policies and programs for ICCs/IPs such as, but not limited to, the de$elopment of a +i$e Cear -aster Plan for the lCCs/IPs c& 1ffice of ,ducation, Culture and Bealth The 1ffice on Culture, ,ducation and Bealth shall be responsible for the effecti$e implementation of the education, cultural and rented rights as pro$ided in 7A /8)' d& 1ffice on !ocio-,conomic !er$ices and !pecial Concerns

The 1ffice on !ocio-,conomic !er$ices and !pecial Concerns agencies are speciall# charged with the implementation of $arious basic socioeconomic ser$ices, policies, plans and programs affecting the ICCs/IPs to ensure that the same are properl# and directl# enAo#ed b# them

e& 1ffice of ,mpowerment and Buman 7ights The 1ffice of ,mpowerment and Buman 7ights shall ensure that indigenous socio-political, cultural and economic rights are respected and recogni4ed f& Administrati$e 1ffice The Administrati$e 1ffice shall pro$ide the NCIP with economical, efficient and effecti$e ser$ices pertaining to personnel, finance, records, e"uipment, securit#, supplies and related ser$ices It shall also administer the Ancestral Domains +und6 and g& ;egal Affairs 1ffice There shall be a ;egal Affairs 1ffice which shall ad$ice the NCIP on all legal matters concerning ICCs/IPs and which shall be responsible for pro$iding ICCs/IPs with legal assistance in litigation in$ol$ing communit# interest

Regional and Field Offices The Commission operates and maintains sub-national offices such as the regional and field offices consistent with its mandate and organi4ational obAecti$es The regional offices are distributed according to e"uitable number of the clientele population 7egional centers are ph#sicall# located in strategic geographical sites to ma2imi4e the deli$er# of basic ser$ices and technical support to ICCs/IPs The distribution of resources shall be proportionate to the number of the clientele and re"uirements of the ancestral domains/ lands of ICCs/IPs located in each region The distribution of the regional offices is as follows: Regional Offices Ilocos 7egion Cordillera 7egion To ser e IP!s in: Pro$inces of Ilocos Norte, Ilocs !ur, ;a Dnion and Pangasinan Cit# of Baguio and the Pro$inces of Abra, Benguet, -ountain Pro$ince, Ifugao, Ealinga and Apa#ao

Caraballo and Caga#an Pro$inces of Batanes, Caga#an, Isabela, Fuirino, and Nue$a =i4ca#a =alle# 7egion Pinatubo and Northern Pro$inces of Bulacan, Aurora, Nue$a ,ciAa, Tarlac, Pampanga, Gambales !eirra -adre 7egion and Bataan !outhern !eirra -adre Pro$inces of 7i4al, Fue4on, National Capital 7egion, Camarines !ur, and Bicol 7egion Camarines Norte, Alba# and !orsogon >estern Island 7egion Pro$inces of Palawan, 1riental -indoro, 1ccidental -indoro, and 7omblon

Central Philippines Island pro$inces of Anti"ue, A.lan, Capi4, Iloilo, <uimaras, Cebu, Negros Islands 7egion 1ccidental, Negros 1riental and Bohol Gamboanga Peninsula Pro$inces Gamboanga del Norte, Gamboanga del !ur and Basilan 7egion Northwestern Pro$inces of -isamis 1ccidental, -isamis 1riental, Bu.idnon and 3

-indanao 7egion

Camiguin

Northeastern -indanao Pro$inces of !urigao del Norte, !urigao del !ur, Agusan del Norte and 7egion Agusan del !ur !outhern and ,astern Pro$inces of Da$ao 1riental, Da$ao del !ur, Compostela =alle#, Da$ao -indanao 7egion del Norte, !outh Cotabato, !arangani, and cities of Da$ao, Tagum, and Island <arden Cit# of !amal Central -indanao ;anao del Norte, North Cotabato, !ultan Eudarat and the cities of 7egion Cotabato, Iligan and -arawi These +ield 1ffices at the Pro$incial and communit# le$els are respecti$el# .nown as Pro$incial 1ffices and Communit# !er$ice Centers

Office of t"e #$ecuti e %irector The NCIPHs 1ffice of the ,2ecuti$e Director which ser$es as its secretariat The office is headed b# an ,2ecuti$e Director who shall be appointed b# the President of the 7epublic of the Philippines upon recommendation of the NCIP on a permanent basis The staffing pattern of the office shall be determined b# the NCIP subAect to e2isting rules and regulations

Consultati e &ody A bod# consisting of the traditional leaders, elders and representati$es from the women and #outh sectors of the different ICCs/IPs shall be constituted b# the NCIP from time to time to ad$ise it on matters relating to the problems, aspirations and interests of the ICCs/IPs

Quasi'(udicial Po)ers of NCIP The NCIP shall ha$e the power and authorit#: a& To promulgate rules and regulations go erning t"e "earing and disposition of cases filed before it as well as those pertaining to its internal functions and such rules and regulations as ma# be necessar# to carr# out the purposes of this Act6 b&To administer oat"s, summon t"e parties to a contro ersy, issue su*poenas re"uiring the attendance and testimon# of witnesses or the production of such boo.s, papers, contracts, records, agreements and other document of similar nature as ma# be material to a Aust determination of the matter under in$estigation or hearing conducted in pursuance of this Act6 c& To "old any person in contempt, directl# or indirectl#, and impose appropriate penalties therefore6 and d& To en+oin any or all acts in$ol$ing or arising from an# case pending before it which, if not restrained forthwith, may cause gra e or irrepara*le damage to an# of the parties to the case or seriousl# affect social or economic acti$it# %!ection 3(, 7A /8)' IP7A& (urisdiction of NCIP %'& 1riginal and ,2clusi$e 5urisdiction of the 7egional Bearing 1ffice %7B1&: a Cases in$ol$ing disputes and contro$ersies o$er ancestral lands/domains of ICCs/IPs6 b Cases in$ol$ing $iolations of the re"uirement of free and prior and informed consent of ICCs/IPs6

c Actions for enforcement of decisions of ICCs/IPs in$ol$ing $iolations of customar# laws or desecration of ceremonial sites, sacred places, or rituals6 d Actions for redemption/recon$e#ance under !ection /%b& of 7 A /8)'6 and e !uch other cases analogous to the foregoing %*& 1riginal 5urisdiction of the 7egional Bearing 1fficer: a Cases affecting propert# rights, claims of ownership, hereditar# succession, and settlement of land disputes, between and among ICCs/IPs that ha$e not been settled under customar# laws6 and b Actions for damages arising out of an# $iolation of 7epublic Act No /8)' %8& ,2clusi$e and 1riginal 5urisdiction of the Commission: a Petition for cancellation of Certificate of Ancestral Domain Titles/Certificate of Ancestral ;and Titles %CADTs/CA;Ts& alleged to ha$e been fraudulentl# ac"uired b#, and issued to, an# person or communit# as pro$ided for under !ection ?0 of 7 A /8)' Pro$ided that such action is filed within one %'& #ear from the date of registration

Quasi',egislati e Po)er Dnli.e the "uasi-Audicial power of NCIP, the "uasi-legislati$e is not e2pressl# stipulated in the Indigenous Peoples 7ights Act %7A /8)'& There has no pro$ision specificall# pro$ided to enumerate this power but in !ection /@ which is about the Implementing 7ules and 7egulations or I77 the NCIP is mandated to issue such rules and regulations:
!,C /@ Implementing 7ules and 7egulations >ithin si2t# %3@& da#s immediatel# after appointment, the NCIP shall issue the necessar# rules and regulations, in consultation with the Committees on National Cultural Communities of the Bouse of 7epresentati$es and the !enate, for the effecti$e implementation of this Act

!ec 00, 7A /8)' C& To formulate and implement policies, plans, programs and, proAects for the economic, social and cultural de$elopment of the ICCs/IPs to monitor the implementation thereof6 1& To promulgate the necessar# rules and regulations for the implementation of this Act6

Rule of Procedure: Precondition for -d+udication

Claims and dispute in2ol2ing rights of the ICCs and IPs

Settlement through the primary customary laws ad offices in accordance with the Indigenous System of Settlement in the ICCs/IPs Community Sec 65 of !" #3$1 " C %o 1 Ser of 2&&3' !ule I(' Sec ) * 1&

+as there a settlement , % o

-es

Sec 11' !ule I( Promulgation of .ecision

Certification to file "ction

Sec 12 * 13' !ule I( Issuance of Certification to /ile "ction 0y the Council 1lders or mem0ers of the Indigenous .ispute Settlement

1n d

!ecording in the Pro2incial 3ffice of the %CIP !ule I(' Sec 16

.ecision

Rules of Procedure: Commencement of -ctions Cler: of the !egional 8earing 3fficer shall; /iling a complaint for 1 .isputes o2er ancestral domain/land7 or 2 "ctions in2ol2ing real Properties 4!ule (' Sec 1$ * !ule I5' Sec 32 6 !egional 8earing 3fficer !ule (' Sec 1$ Personal and other actions 4!ule (' Sec 1# * !ule I5' Sec 326 Specify date of the complaint

"ssign case num0er

Issue summons to the defendant

-es 9he Pro2incial 3ffice of the %CIP !ule (' Sec 1$

.id the defenda nt answere d the summon , 2 %o

Rules of Procedure: Commencement of -ctions

3 !83 shall direct the parties and their respecti2e counsels to put in writing their compromise within 1& days from the preliminary conference 4!ule I5' Sec 3#6 -es

8earing shall 0e scheduled to consider the compromise agreement 4!ule I5' Sec 3#6

Parties finally offered their respecti2e claims and defenses 4!ule I5' Sec 42

8earing 3fficer shall determine the proprietary of dismissing the case 4!ule (II' Sec 2)6

+as there a compromis e, %o

1 Presentation of 12idence as agreed in the preliminary conference 4!ule I5' Sec 3#6 2 1n<oin issues 3 3ther matters mentioned in !ule I5' Sec 3$6

"re there motions * other incidents ,

%o

-es

+as the case dismissed , 4!ule (II' Sec 2) -es

%o Proceed to Preliminary Conference 4!ule )' Sec 3$6 !83 orders its dismissal on the grounds mentioned in !ule (II Sec 2)

!83 may hear and resol2e motions and other incidents 9he case shall 0e calendared for hearing for the reception of such additional e2idence 4 !ule I5' Sec 4& * 416 2 Plaintiff shall present his e2idence e= parte 4!ule I5' Sec 356

!83 shall decide the case 4!ule I5' Sec 436

Rules of Procedure: Commencement of -ctions

Proceedings before the Commission: Appealed Cases

1S9 copy to !83

/ile ?emorandum of appeal Is there an appeal made to the Commissi on,

!83 shall render his decision' award or order 4!ule I5' Sec 446

2%. copy to ad2erse party

/iled with the cler: of court 5 9he decision of the !83 must 0e made :nown to the parties in2ol2ed

!e@uire parties to su0mit their respecti2e comment or memorandum 4!ule 5' Sec 516 9he Commission shall decide the appeal 0ased on upon the entire record of the proceedings 0efore the !83' and such memoranda and pleadings filed 4!ule 5' Sec 546 1n d

Cler: of Commission shall doc:et the case and notify the commission 4!ule 5' Sec 516

+as there a motion filed within 15 days from receipt, %o

-es

/iling of ?otion for !econsideration 4!ule I5' Sec 456 3nly 1 motion is allowed

.ecision shall 0e decided 0y the en 0anc which will 0e decided within )& days from receipt of the last memo or pleading 4!ule 5' Secs 55' 56' 5$6 Commission shall render its <udgment or decision

>udgment 0ecome final 4!ule I5' Sec 466

1n d

Proceedings before the Commission: Original Cases

/iling for the cancellation of C".9s/C"A9s 4!ule 5' Sec 6&6

%CIP

3rder respondent to comment on the petition 4!ule 5' Sec 636

3rder the parties to su0mit memoranda to support their claims and defenses within 15 days from receipt of notice 4!ule 5' Sec 636

5 Copies of Certificate of nonBforum shopping 4!ule 5' Sec 616 Ser2ice and enforcement of order or <udgment 4!ule 5' Sec 6#6 9he Commission en 0anc shall render it decision within )& days from the receipt of the last memorandum or e=piration of the period of filing the same 4!ule 5' Sec 666

/ile petition for re2iew on certiorari 4!ule 5' Sec 6)6

"ppeal to the C", %o

1n d

1&

#$ceptions )"ere Certification to file is not re.uired. '& >here one of the parties is a public or pri$ate corporation, partnership, association or Auridical person or a public officer or emplo#ee and the dispute is in connection with the performance of his official functions6 *& >here one of the parties is non-IP/ICC or does not belong to the same IP/IC Communit#, e2cept when he $oluntaril# submits to the Aurisdiction of the Council of ,lders/;eaders6 8& >here the relief sought for in the complaint or petition see.s to pre$ent an# gra$e, imminent and irreparable damage or inAur# that ma# result if not acted upon immediatel#6 and 0& >here the Council of ,lders/;eaders refuse to issue the necessar# certification without Austifiable reasons

/enue for t"e Commencement of -ctions: !ection ') 7eal Actions Actions arising out of disputes or contro$ersies o$er ancestral domain/land, or actions in$ol$ing real properties shall be filed with the 7B1 directl# or through the Pro$incial 1ffice of the NCIP ha$ing Aurisdiction o$er the ancestral domain In case subAect ancestral land or domain or portions straddles * or more administrati$e or ethnographic regions, the action shall be filed with the 7B1 where the greater portion is situated !ection '/ Personal and 1ther Actions Personal and other actions shall be filed with the 7B1 where the petitioner/plaintiff resides or where the respondent/defendant resides at the option of the Petitioner/plaintiff

0rounds )"ere t"e RHO may motu propio dismiss an action: '& *& 8& 0& ?& +ailure to compl# with 7ule I=, !ection ( of these 7ules6 Improper $enue6 ;ac. of Aurisdiction6 Prescription6 and 7es 5udicata

0rounds for -ppeal: '& <ra$e abuse of discretion on the part of the 7egional Bearing 1fficer6 *& 1n pure "uestion of law6 and 8& !erious errors in the findings of facts which, if not corrected, would cause gra$e or irreparable damage or inAur# to the appellant

11

Cases: T"e City 0o ernment of &aguio City s. -tty. &rain 1. 2as)eng 0.R. No. 345657 Fe*ruary 8, 6559 Facts: Three %8& Demolition 1rders were issued b# the Cit# -a#or of Baguio Cit#, Braulio D Caranon, ordering the demolition of the illegal structures constructed b# ;a4aro Bawas et al %pri$ate respondents9& on the portion of the Busol >atershed 7eser$ation without the re"uired building permits and in $iolation of !ec 3( of P D No )@? Pri$ate 7espondents filed a petition for inAunction with pra#er for the issuance of a T71 and/or wit of preliminar# inAunction against the 1ffice of the Cit# -a#or of Baguio Cit# before the National Commission on Indigenous People Cordillera Administrati$e 7egion %NCIP-CA7&, 7egional Bearing 1ffice, ;a Trinidad, Benguet Pri$ate respondent claimed that the lands where their residential houses stand are their ancestral lands which the# ha$e been occup#ing and possessing openl# and continuousl# since time immemorial6 and their ownership thereof ha$e been e2pressl# recogni4ed in Proclamation No '? and recommended b# the D,N7 for the e2clusion from their co$erage of the Busol +orest 7eser$e 7egional Bearing 1fficer Att# Brain ! -asweng of the NCIP issued the two %*& assailed T71 !ubse"uentl#, the NCIP issued the other assailed resolution granting the pri$ate respondents9 application for preliminar# inAunction subAect to the posting of an inAuncti$e bond in each amount of P'@,@@@ Petitioner assails the Aurisdiction of the NCIP o$er the action filed b# the pri$ate respondents and the affirmed T71, granting the application of writ of preliminar# inAunction, issued b# the NCIP Issue: a b Held: :-; Ces In their petition filed before the NCIP, pri$ate respondents, members of the Ibaloi tribe who first settled in Baguio Cit#, were asserting ownership of portions of the Busol +orest 7eser$ation which the# claim to be their ancestral lands Correctl# denominated as a petition for inAunction as it sought to pre$ent the enforcement of the demolition orders issued b# the Cit# -a#or, the petition traced pri$ate respondents9 ancestr# to -olintas and <umangan and asserted their possession, occupation and utili4ation of their ancestral lands The petition also alleged that pri$ate respondents9 claim o$er these lands had been recogni4ed b# Proclamation No '? which mentions the names of -olintas and <umangan as ha$ing claims o$er portions of the Busol +orest 7eser$ation Clearl# then, the allegations in the petition, which a2iomaticall# determine the nature of the action and the Aurisdiction of a particular tribunal, s"uarel# "ualif# it as a Idispute%s& or contro$ers#%s& o$er ancestral lands/domains of ICCs/IPsJ within the original and e2clusi$e Aurisdiction of the NCIP-7B1 :&; <es. The NCIP is the primar# go$ernment agenc# responsible for the formulation and implementation of policies, plans and programs to protect and promote the rights and well-being 12 >hether pri$ate respondents are members of ICC9s /IP9s >hether the NCIP has Aurisdiction o$er the dispute

of indigenous cultural communities/indigenous peoples %ICCs/IPs& and the recognition of their ancestral domains as well as their rights thereto In order to full# effectuate its mandate, the NCIP is $ested with Aurisdiction o$er all claims and disputes in$ol$ing the rights of ICCs/IPs The onl# condition precedent to the NCIP9s assumption of Aurisdiction o$er such disputes is that the parties thereto shall ha$e e2hausted all remedies pro$ided under their customar# laws and ha$e obtained a certification from the Council of ,lders/;eaders who participated in the attempt to settle the dispute that the same has not been resol$ed In addition, NCIP Administrati$e Circular No '-@8 dated April (, *@@8, .nown as the 7ules on Pleadings, Practice and Procedure Before the NCIP, reiterates the Aurisdiction of the NCIP o$er claims and disputes in$ol$ing ancestral lands and enumerates the actions that ma# be brought before the commission The IP7A, furthermore, endows the NCIP with the power to issue temporar# restraining orders and writs of inAunction !ec 3( thereof states: !ec 3( Fuasi-5udicial Powers of the NCIP KThe NCIP shall ha$e the power and authorit#: a& To promulgate rules and regulations go$erning the hearing and disposition of cases filed before it as well as those pertaining to its internal functions and such rules and regulations as ma# be necessar# to carr# out the purposes of this Act6 b& To administer oaths, summon the parties to a contro$ers#, issue subpoenas re"uiring the attendance and testimon# of witnesses or the production of such boo.s, papers, contracts, records, agreements, and other document of similar nature as ma# be material to a Aust determination of the matter under in$estigation or hearing conducted in pursuance of this Act6 c& To hold an# person in contempt, directl# or indirectl#, and impose appropriate penalties therefor6 and d& To enAoin an# or all acts in$ol$ing or arising from an# case pending before it which, if not restrained forthwith, ma# cause gra$e or irreparable damage to an# of the parties to the case or seriousl# affect social or economic acti$it# NCIP Administrati$e Circular No '-@8 echoes the abo$e-"uoted pro$ision in !ec /*, 7ule L=, which pro$ides: !ec /* Preliminar# InAunction and Temporar# 7estraining 1rder KA writ of preliminar# inAunction or restraining order ma# be granted b# the Commission pursuant to the pro$isions of !ections ?( and 3( of 7 A MNo N /8)' when it is established, on the basis of sworn allegations in a petition, that the acts complained of in$ol$ing or arising from an# case, if not restrained forthwith, ma# cause gra$e or irreparable damage or inAur# to an# of the parties, or seriousl# affect social or economic acti$it# This power ma# also be e2ercised b# 7B1s in cases pending before them in order to preser$e the rights of the parties As can be gleaned from the foregoing pro$isions, the NCIP ma# issue temporar# restraining orders and writs of inAunction without an# prohibition against the issuance of the writ when the main action is for inAunction The power to issue temporar# restraining orders or writs of inAunction allows parties to a dispute o$er which the NCIP has Aurisdiction to see. relief against an# action which ma# cause them gra$e or irreparable damage or inAur# In this case, the 7egional Bearing 1fficer issued the inAuncti$e writ because its Aurisdiction was called upon to protect and preser$e the rights of pri$ate respondents who are undoubtedl# members of ICCs/IPs

13

T"e &aguio Regreening 2o ement, Inc. s. -tty. &rain 2as)eng 0.R. No. 345446 Fe*ruary 6=, 653> Facts: Pri$ate respondents9 ,li4abeth -at-a, et al claimed that their parents inherited from their ancestors se$eral parcels of land in what is now .nown as the Busol >atershed 7eser$ation, filed before the NCIP a Petition for InAunction, with an application for a T71, and thereafter a >rit of Preliminar# InAunction see.ing to enAoin the Baguio District ,ngineers 1ffice, the 1ffice of the Cit# Architect and Par.s !uperintendent, and petitioners the Baguio 7egreening -o$ement, Inc and the Busol Tas. +orce from fencing the Busol >atershed 7eser$ation In their Petition before the NCIP, pri$ate respondents claim that the# are members of the Ibaloi and Ean.anae# tribes of Baguio Cit# Their ancestors9 ownership of the properties now .nown as the Busol >atershed 7eser$ation was allegedl# e2pressl# recogni4ed in Proclamation No '? issued b# <o$ernor <eneral ;eonard >ood As owners of said properties, their ancestors paid the realt# ta2es thereon The fencing proAect of petitioners would allegedl# impede their access to and from their residences, farmlands and water sources, and dispossess them of their #ard where tribal rituals and ceremonies are usuall# held The NCIP Bearing 1fficer Brain ! -asweng issued the T71 and also denied petitioner9s motion to dissol$e the T71 filed b# the petitioners +urthermore, a >rit of Preliminar# InAunction was also against the petitioners The petitioner appealed the Court of Appeals assailing the Aurisdiction of NCIP to issue T71 and >rit of Preliminar# InAunction6 howe$er, the Court of Appeals dismissed the petition Issue: >hether the NCIP has Aurisdiction o$er the case Held: <es. The !upreme Court enunciated its ruling in the case of The City Government of Baguio City vs. Atty. Brain S. Masweng. This Court then upheld the Aurisdiction of the NCIP on the basis of the allegations in pri$ate respondents9 Petition for InAunction It was similarl# claimed in said Petition for InAunction that pri$ate respondents were descendants of -olintas and <umangan whose claims o$er the portions of the Busol >atershed 7eser$ation had been recogni4ed b# Proclamation No '? This Court thus ruled in < 7 No '/@*@3 that the nature of the action clearl# "ualif# it as a dispute or contro$ers# o$er ancestral lands/domains of the ICCs/IPs 1n the basis of !ection 3(%d& of the IP7A and !ection /*, 7ule L= of NCIP Administrati$e Circular No '-@8, the NCIP ma# issue temporar# restraining orders and writs of inAunction without an# prohibition against the issuance of the writ when the main action is for inAunction 1n petitioners9 argument that the Cit# of Baguio is e2empt from the pro$isions of the IP7A and, conse"uentl#, the Aurisdiction of the NCIP, this Court ruled in < 7 No '/@*@3 that said e2emption cannot ipso facto be deduced from !ection )/ of the IP7A because the law concedes the $alidit# of prior land rights recogni4ed or ac"uired through an# process before its effecti$it# ;astl#, howe$er, this Court ruled that although the NCIP has the authorit# to issue temporar# restraining orders and writs of inAunction, it was not con$inced that pri$ate respondents were entitled to the relief granted b# the Commission Proclamation No '? does not appear to be a definiti$e recognition of pri$ate respondents9 ancestral land claim, as it merel# identifies the -olintas and <umangan families as claimants of a portion of the Busol +orest 7eser$ation, but does not ac.nowledge $ested rights o$er the same !ince it is re"uired before the issuance of a writ of preliminar# inAunction that claimants show the e2istence of a right to be protected, this Court, in < 7 No '/@*@3, ultimatel# granted the petition of the Cit# <o$ernment of Baguio and set aside the writ of preliminar# inAunction issued therein 14