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CITY GOVERNMENT OF BAGUIO CITY v. ATTY. BRAIN MASWENG

This case has been cited 5 times or more.

	GR No. 181284 2015-10-20	LOLOY UNDURAN v. RAMON ABERASTURI PERALTA, J.
This is a petition for review on certiorari[1] assailing the Decision[2] dated August 17, 2006 of the Court of Appeals (CA) in CA-G.R. SP No. 00204-MIN, and the Resolution[3] dated July 4, 2007, which denied petitioners' motion for reconsideration.
	GR No. 188913 2014-02-19	CITY GOVERNMENT OF BAGUIO v. ATTY. BRAIN S. MASWENG VILLARAMA, JR., J.
On appeal, the Court of Appeals (CA) affirmed the injunctive writ issued by the NCIP-CAR against the demolition orders. The case was then elevated to this Court in G.R. No. 180206 entitled, "City Government of Baguio City v. Masweng."[11]
	GR No. 180882 2013-02-27	BAGUIO REGREENING MOVEMENT v. ATTY. BRAIN MASWENG LEONARDO-DE CASTRO, J.
This Court then upheld the jurisdiction of the NCIP on the basis of the allegations in private respondents' Petition for Injunction. It was similarly claimed in said Petition for Injunction that private respondents were descendants of Molintas and Gumangan whose claims over the portions of the Busol Watershed Reservation had been recognized by Proclamation No. 15. This Court thus ruled in G.R. No. 180206 that the nature of the action clearly qualify it as a dispute or controversy over ancestral lands/domains of the ICCs/IPs.[17] On the basis of Section 69(d)[18] of the IPRA and Section 82, Rule XV[19] of NCIP Administrative Circular No. 1-03, the NCIP may issue temporary restraining orders and writs of injunction without any prohibition against the issuance of the writ when the main action is for injunction.[20]
	GR No. 181274 2010-06-23	PHILIPPINE ECONOMIC ZONE AUTHORITY v. JOSEPH JUDE CARANTES VILLARAMA, JR., J.
Two (2) requisites must concur for injunction to issue: (1) there must be a right to be protected and (2) the acts against which the injunction is to be directed are violative of said right.[23] Particularly, in actions involving realty, preliminary injunction will lie only after the plaintiff has fully established his title or right thereto by a proper action for the purpose. To authorize a temporary injunction, the complainant must make out at least a prima facie showing of a right to the final relief. Preliminary injunction will not issue to protect a right not in esse.[24] These principles are equally relevant to actions seeking permanent injunction.
	GR No. 165003 2010-02-02	CITY MAYOR OF BAGUIO v. ATTY. BRAIN MASWENG CORONA, J.
We have already ruled on the power of the NCIP to issue a writ of preliminary injunction in City Government of Baguio City v. Atty. Masweng.[8] The facts of that case are practically identical to those of this case save for the fact that the land being claimed there is a portion of the Busol Forest Reserve. The petitioners in that case sought the intervention of this Court after the CA upheld the jurisdiction of the NCIP and affirmed the TROs issued by the latter.