SECOND DIVISION
G.R. No. 219792, July 29, 2020
RUSSELL Q. BERNAL, IN HIS CAPACITY AS THE AUTHORIZED MANAGING OFFICER OF CIARA CONSTRUCTION/BERSON CONSTRUCTION & TRADING (A JOINT VENTURE), PETITIONER, V. HON. FELIPE M. DE LEON, JR., IN HIS CAPACITY AS CHAIRMAN OF THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS (NCCA), HON. ROGELIO L. SINGSON, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), HON. MELANIO C. BRIOSOS, IN HIS CAPACITY AS REGIONAL DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS - REGIONAL OFFICE I, AND MOST REV. RODOLFO BELTRAN, D.D., BISHOP OF LA UNION, RESPONDENTS,
R E S O L U T I O N
INTING, J.:
Before the Court is a Petition1 for Certiorari and Prohibition with Prayer for the Issuance of Temporary Restraining Order under Rule 65 under the Rules of Court against the Cease and Desist Order2 (CDO) dated February 21, 2015 issued by the National Commission for Culture and the Arts (NCCA), through its Chairman Felipe M. De Leon, Jr. (Chairman De Leon), against the Department of Public Works and Highways (DPWH) enjoining the implementation of the road widening project (project), including demolition works along the national highway in the Municipality of Agoo, Province of La Union. The CDO states that the project will potentially affect presumed important cultural properties in the area and as such, it could not be undertaken without the coordination and concurrence of the NCCA and other pertinent cultural agencies, such as the National Museum or the National Historical Commission of the Philippines.
Gali stated that the road section is included in the list of proposed road widening for fiscal year 2015 Infrastructure Program; and that the Basilica's plant boxes and concrete fence are within the 20-meter road right-of-way (20m RROW) which are considered obstructions under Section 23 of Presidential Decree No. (PD) 17.5 Thus, District Engineer Leopoldo F. Mendoza (Mendoza) wrote a Letter6 dated April 14, 2014 to Most Rev. Rodolfo P. Beltran, D.D. (Bishop Beltran) requesting for the voluntary removal/relocation of the portions of the structures that encroached the 20m RROW.
- The Basilica of Our Lady of Charity and Plaza de la Virgen are located alorg the right shoulder of Manila North Road right before and after the MNR — Agoo Beach Road intersection, respectively,
- That the northern portion of the Basilica's plant boxes measures 9.40meters from the centerline of the national road, while 8.50meters of the opposite side;
- That the northern portion of the plaza's concrete fence measures 6.90meters from the centerline of the national road, while 9.80meters on the opposite side;
- That said fence hampers the smooth flow of traffic of northbound vehicles.4
WHEREAS, Section 5(f) of Republic Act No. 10066, otherwise known as the National Cultural Heritage Act of 2009, as reiterated in Section 8.4 of its Implementing Rules and Regulations, has defined that all structure at least fifty. (50) years old are considered/presumed Important Cultural Property and is entitled to protection against exportation, modification, or demolition pursuant to Section 5 of the same law;Russell Q. Bernal (petitioner), acting for the Joint Venture, moved for intervention before the NCCA16 claiming that by virtue of the contract for the project with the DPWH, the order is in fact directed to the Joint Venture. Petitioner alleged that the road widening will not affect or destroy the Basilica Church or the Plaza de la Virgen; that neither the Basilica Church nor the Plaza de la Virgen is a national heritage entitled to the protection being extended by the NCCA; that neither the Basilica Church nor the Plaza dela Virgen can be presumed as an important cultural property for being at least 50 years old; that the extent of the CDO is very extensive when only a portion of the road widening may affect the structures sought to be protected; and that under RA 8975,17 no court, except the Supreme Court, may issue a restraining order and delay a government infrastructure project.
WHEREAS, NCCA Board Resolution Nos. 2014-443 and 2014-448 have empowered the NCCA to act on cases involving presumed Important Cultural Property;
THEREFORE, by virtue of the power granted by law, the National Commission for Culture and the Arts, through the undersigned, directs the Department of Public Works and Highways (DPWH), through the Secretary of Public Works and Highways the Honorable Rogelio L. Singson, DPWH Undersecretary for Regional Operations the Honorable Romeo S. Momo, and/or the Regional Director of DPWH Regional Office No. 1 Engr. Melanio C. Briosos, to CEASE AND DESIST from implementing the road widening project, inclusive of demolition works, along the national highway in the Municipality of Agoo in the Province of La Union, that will potentially affect presumed Important Cultural Properties in the area, including, but not limited to, Plaza de la Virgen and Agoo Basilica without coordination and concurrence of this Commission and/or the pertinent cultural agency (namely, the National Museum or the National Historical Commission of the Philippines). Failure to comply with this mandate is a criminal offense under RA 10066.
This Order may be served and executed by any Law Enforcement Officer/s.15cralawlawlibrary
SECTION 3. 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:The NCCA is not a court as contemplated by RA 8975. NCCA's authority to issue a CDO is by virtue of RA 10066. Section 25, Article VII of RA 10066 provides: ChanRoblesVirtualawlibrary
(a) Acquisition, clearance and development of the right-of- way and/or site or location of any national government project;
x x x x
SECTION 25. Power to Issue a Cease and Desist Order. — When the physical integrity of the national cultural treasures or important cultural properties are found to be in danger of destruction or significant alteration from its original state, the appropriate cultural agency shall immediately issue a Cease, and Desist Order ex parte suspending all activities that will affect the cultural property. The local government unit which has the jurisdiction over the site where the immovable cultural property is located shall report the same to the appropriate cultural agency immediately upon discovery and shall promptly adopt measures to secure the integrity of such immovable cultural property. Thereafter, the, appropriate cultural agency shall give notice to the owner or occupant of the cultural property and conduct a hearing on the propriety of the issuance of the Cease and Desist Order. The suspension of the activities shall be lifted only upon the written authority of the appropriate cultural agency after due notice and hearing involving the interested parties and stakeholdersAgain, the Court will not rule on the propriety of the Cease and Desist Order, as the matter is still pending before the NCCA.
Endnotes:
1Rollo, pp. 3-25.
2Id. at 29.
3Id. at 50.
4Id.
5 Revised Philippine Highway Act.
6Rollo, p. 49.
7Id. at 52-53.
8Id.
9Id.
10Id. at 54-55.
11Id. at 59.
12Id. at 60-61.
13Id. at 29.
14 National Cultural Heritage Act of 2009.
15Rollo, p. 29.
16Id. at 30-44.
17 An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions, Providing Penalties for Violations Thereof, and For Other Purposes.
18 See Motion to Set the Case for Hearing, rollo, pp. 46-48.
19Id. at 71-72.
20Id. at 95-106.
21Id. at 125-136.
22Id. at 171-172.
23Id. at 180.
24Lao, et al. v. LGU of Cagayan de Oro City, et al., 818 Phil. 92, 113 (2017).chanRoblesvirtualLawlibrary