[ 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.