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[G.R. No. 161649. February 11, 2004]

OPI�A vs. NHA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 11 2004.

G.R. No. 161649 (Generoso B. Opi�a vs. National Housing Authority, et al.)

RESOLUTION

Before the Court is a petition for prohibition, with application for preliminary injunction and/or temporary restraining order, filed by Generoso B. Opi�a against the National Housing Authority and New San Jose Builders, Inc., represented by Cesar Sanquin, Jr.

The National Government launched the Southrail Development Project (SDP) aimed to restore, rehabilitate and modernize existing dilapidated and deteriorating railway tracks. The National Housing Authority (NHA) was tasked to be the lead agency to undertake the relocation of informal settlers, numbering about 7,000 families or 24,500 settlers, living within the right-of-way areas of the rail tracks. For the purpose, Barangays Niugan, Marinig and Banaybanay, all in Cabuyao, Laguna, were identified as being the most viable relocation sites (also known as the consolidated site) for the settlers.

On 02 April 2003, the New San Jose Builders, Inc. (NSJ Builders), filed with the Sangguniang Bayan of Cabuyao, Laguna requests for the reclassification of its properties located in Barangays Marinig, Banaybanay and Niugan, and for the issuance of a development permit to introduce improvements on the subject properties. On 04 April 2003, the Sangguniang Bayan of Cabuyao enacted Pambayang Kapasiyahan Blg. 053-2003 granting the development permit and Pambayang Kautusan Blg. 2003-056 reclassifying the subject properties.

On 13 April 2003, the NSJ Builders started the development of the consolidated site despite alleged absence of the necessary permits such as the Environmental Compliance Certificate (ECC) and clearances from the Department of Agriculture. On 23 May 2003, the Sangguniang Bayan of Cabuyao enacted Pambayang Kautusan Blg. 2003-061 prohibiting informal settlers to transfer or reside in the municipality of Cabuyao, Laguna, under any national housing projects, thereby repealing all previous resolutions and ordinances inconsistent therewith. On 10 October 2003, the Sangguniang Bayan of Cabuyao, Laguna enacted Pambayang Kapasiyahan Blg. 132-2003 suspending Pambayang Kapasiyahan Blg. 053-2003 which granted the development permit to NSJ Builders. On 10 November 2003, the NHA, with the aid of Philippine Army soldiers, brought in 11 families to the consolidated site.

Petitioner, a resident of Barangay Pulo, Cabuyao, Laguna, has come up to this Court, invoking Republic Act No. 8975 ("An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure Projects by Prohibiting the Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions, or Preliminary Mandatory Injunctions, Providing Penalties for Violation Thereof, and for Other Purposes"). According to petitioner, the NHA still intends to transfer several other relocates to the consolidated site at any time.He further avers that -

(1)The NHA has not secured a finalized agreement with Cabuyao, Laguna, as regards the resettlement of the relocates from various areas of Metro Manila;

(2)The issuance of the development permit by the Sangguniang Bayan of Cabuyao, Laguna, two days after the application by the NSJ Builders, has been enacted without the requisite public hearing in violation of DILG Memorandum Circular No. 2003-15, dated 31 January 2002;

(3)The NHA has not undertaken consultation with the public officials andresidents of Cabuyao, Laguna, in violation of Sections 25-27 of the Local Government Code and Article 54 of the Implementing Rules and Regulations ofthe Local Government Code;

(4)The intended resettlement site does not comply with the requisites laid down by law or does not qualify as a resettlement site as prescribed by existing laws; and

(5)The New San Jose Builders, Inc., acting under the direction of the NHA, has not yet secured the necessary permits, licenses and/or clearances from various agencies before undertaking the development of the relocation site.

The petition violates the hierarchy of courts. Republic Act No. 8975 which prohibits the Issuance of Temporary Restraining Orders, Preliminary Injunctions and Preliminary Mandatory Injunctions by any court, except the Supreme Court, does not excuse non-compliance with the basic rule of having cases originate in an inferior court of proper jurisdiction. The fact that the issuance of 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, is proscribed does not mean that said courts are also prevented from taking cognizance of the principal controversy as long as the main action and the basic relief fall under their ordinary jurisdiction.

Accordingly, the petition is DISMISSED.

Very truly yours,

(Sgd.)JULIETA Y. CARREON
Clerk of Court

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