We do not subscribe to respondent’s contention that petitioner resorted to the wrong remedy in assailing the injunctive orders as it should have moved for reconsideration of the same and then appeal the denial thereof to the CA. Likewise, we do not accept his explanation that his act of issuing the assailed injunctive writs was not contemptuous because the Court in G.R. No. 180206 even affirmed the power of the NCIP to issue temporary restraining orders and writs of injunction without any prohibition against the issuance of said writs when the main action is for injunction. As mentioned earlier, the Court while recognizing that the NCIP is empowered to issue temporary restraining orders and writs of preliminary injunction, nevertheless ruled that petitioners in the injunction case seeking to restrain the implementation of the subject demolition order are not entitled to such relief . Petitioner City Government of Baguio in issuing the demolition advices are simply enforcing the previous demolition orders against the same occupants or claimants or their agents and successors–in–interest, only to be thwarted anew by the injunctive orders and writs issued by respondent. Despite the Court’s pronouncement in G.R. No. 180206 that no such clear legal right exists in favor of those occupants or claimants to restrain the enforcement of the demolition orders issued by petitioner, and
hence there remains no legal impediment to bar their implementation, respondent still issued the temporary restraining orders and writs of preliminary injunction. Worse, respondent would require petitioner to simply appeal his ruling, a move that will only result in multiple suits and endless litigation. In the recent case of The Baguio Regreening Movement, Inc. v. Masweng 31 respondent issued similar temporary restraining orders and writs of preliminary injunction in favor of claimants which include Magdalena Gumangan and Alexander Ampaguey, Sr. who sought to enjoin the Baguio District Engineer’s Office, the Office of the City Architect and Parks Superintendent, the Baguio Regreening Movement, Inc. and the Busol Task Force from fencing the Busol Watershed Reservation. The CA affirmed respondent’s orders and dismissed the petition for certiorari filed by the aforesaid offices. Applying the principle of stare decisis , the Court ruled: chanRoblesvirtualLawlibrary On February 4, 2009, this Court promulgated its Decision in G.R. No. 180206, a suit which involved several of the parties in the case at bar. In G.R. No. 180206, the City Mayor of Baguio City issued three Demolition Orders with respect to allegedly illegal structures constructed by private respondents therein on a portion of the Busol Forest Reservation. Private respondents filed a Petition for Injunction with the NCIP. Atty. Masweng issued two temporary restraining orders directing the City Government of Baguio to refrain from enforcing said Demolition Orders and subsequently granted private respondents’ application for a preliminary injunction. The Court of Appeals, acting on
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