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    BAGUIO REGREENING MOVEMENT v. ATTY. BRAIN MASWENG +

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    Kess Montallana
    E et al. filed a petition for injunction with the NCIP to stop the fencing of the Busol Watershed Reservation, claiming it would impede access to their residences and farmlands. NCIP regional hearing officer F issued a temporary restraining order and preliminary injunction against the government respondents. The question is whether F can validly issue these injunctions. Section 3 of RA 8975 prohibits courts, except the Supreme Court, from issuing injunctions against the government for national projects. However, this prohibition does not apply to the NCIP or its hearing officers.

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    BAGUIO REGREENING MOVEMENT v. ATTY. BRAIN MASWENG +

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    Kess Montallana
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    E et al. filed a petition for injunction with the NCIP to stop the fencing of the Busol Watershed Reservation, claiming it would impede access to their residences and farmlands. NCIP regional hearing officer F issued a temporary restraining order and preliminary injunction against the government respondents. The question is whether F can validly issue these injunctions. Section 3 of RA 8975 prohibits courts, except the Supreme Court, from issuing injunctions against the government for national projects. However, this prohibition does not apply to the NCIP or its hearing officers.

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    E et al. filed a petition for injunction with the NCIP to stop the fencing of the Busol Watershed Reservation, claiming it would impede access to their residences and farmlands. NCIP regional hearing officer F issued a temporary restraining order and preliminary injunction against the government respondents. The question is whether F can validly issue these injunctions. Section 3 of RA 8975 prohibits courts, except the Supreme Court, from issuing injunctions against the government for national projects. However, this prohibition does not apply to the NCIP or its hearing officers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    130 views2 pages

    BAGUIO REGREENING MOVEMENT v. ATTY. BRAIN MASWENG +

    Uploaded by

    Kess Montallana
    E et al. filed a petition for injunction with the NCIP to stop the fencing of the Busol Watershed Reservation, claiming it would impede access to their residences and farmlands. NCIP regional hearing officer F issued a temporary restraining order and preliminary injunction against the government respondents. The question is whether F can validly issue these injunctions. Section 3 of RA 8975 prohibits courts, except the Supreme Court, from issuing injunctions against the government for national projects. However, this prohibition does not apply to the NCIP or its hearing officers.

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    © All Rights Reserved
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    of 2

    [ GR No.

    180882, Feb 27, 2013 ]

    BAGUIO REGREENING MOVEMENT v. ATTY. BRAIN MASWENG

    TOPIC: Week 4 - III - Preliminary Injunction ( N. Injunctions on Government Projects or Contracts)

    E et. al. claiming that their parents inherited from their ancestors several parcels of land in what is
    now known as the Busol Watershed Reservation, filed before the NCIP a Petition for Injunction, with
    an application for a Temporary Restraining Order (TRO), and thereafter a Writ of Preliminary
    Injunction seeking to enjoin government offices, A, B, C and The X Movement, Inc. and the Busol Task
    Force from fencing the Busol Watershed Reservation.

    E et. al. alleged that the fencing project of respondents would allegedly impede their access to and
    from their residences, farmlands and water sources, and dispossess them of their yard where tribal
    rituals and ceremonies are usually held.

    Accordingly ,NCIP Regional Hearing Officer F issued a TRO and a writ of preliminary injunction against
    herein petitioners.

    Question:

    Can F validly issue a TRO and a writ of preliminary injunction against respondents?

    Suggested Answer:

    Yes. Section 3, Republic Act No. 8975:

    Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Injunctions and Preliminary
    Mandatory Injunctions. - No court, except the Supreme Court, shall issue any temporary restraining
    order, preliminary injunction or preliminary mandatory injunction against the government, or any of
    its subdivisions, officials or any person or entity, whether public or private, acting under the
    government's direction, to restrain, prohibit or compel the following acts:

    (a) Acquisition, clearance and development of the right-of-way and/or site or location of any national
    government project;

    (b) Bidding or awarding of contract/project of the national government as defined under Section 2
    hereof;
    (c) Commencement, prosecution, execution, implementation, operation of any such contract or
    project;

    (d) Termination or rescission of any such contract/project; and

    (e) The undertaking or authorization of any other lawful activity necessary for such contract/project.

    xxx

    It is clear from the foregoing provisions that the prohibition covers only judges, and does not apply to
    the NCIP or its hearing officers.

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