25/01/2025
๐๐๐๐จ๐๐ข ๐ข๐๐๐๐๐๐๐๐ฆ ๐จ๐ฅ๐๐ ๐ฅ๐๐ฃ๐๐๐ ๐ข๐ ๐๐ฃ๐ฅ๐'๐ ๐ฆ๐๐๐ง๐๐ข๐ก ๐ณ๐ด ๐ง๐ข ๐ฅ๐๐ฆ๐ข๐๐ฉ๐ ๐๐ก๐๐๐ฆ๐ง๐ฅ๐๐ ๐๐๐ก๐ ๐๐ฆ๐ฆ๐จ๐๐ฆ
The City Government of Baguio is calling for the repeal of Section 78 of Republic Act No. 8371 (Indigenous Peoplesโ Rights Act of 1997 or IPRA Law), regarding it as a crucial move toward long-standing ancestral land conflicts within the city.
In a joint special session on January 14, 2025, the Baguio City Council and the National Commission on Indigenous Peoples (NCIP) agreed to craft a joint resolution appealing to the Congress for the repeal of Section 78 which is seen as โdiscriminatory against Baguioโs indigenous peoples (IPs).โ
Section 78 of the IPRA states that Baguio City will continue to follow its own Charter and that lands declared as part of the cityโs townsite reservation will stay that way unless a new law changes their classification. It further stipulates that any land rights or titles that were recognized or granted through court decisions, administrative actions, or other legal processes before IPRA took effect will remain valid. However, this rule does not apply to areas that became part of Baguio City after IPRA was enacted.
This provision of the IPRA is contentious as it creates a special exception for Baguio City by limiting the application of Certificates of Ancestral Land Titles (CALTs) which are intended to protect IPsโ ancestral land rights. This exclusion creates a legal conflict which denies IPs in Baguio the same protections afforded elsewhere. This is a deeply ironic situation given that Baguio is the birthplace of the Mateo Carino Doctrine which upholds the rights of IPs to their ancestral lands.
Councilor Jose Molintas cited Section 78 as the primary source of the legal challenges faced by ancestral land claimants in the city, noting that it has been referenced by courts to restrict the NCIP from issuing CALTs and Certificates of Ancestral Domain Titles (CADTs) within Baguio as well as to invalidate previously issued CALTs and CADTs.
Molintas said this provision goes against the principles of justice, non-discrimination, and equality from the United Nations (UN) Declaration on IPsโ Rights.
The city officials' position on Section 78 of the IPRA aligns with the sixth recommendation of the NCIP to the City Government of Baguio, as presented by Atty. Brian Dongayao. The NCIP lawyer expressed hope that Baguio City's incoming congressional representative will propose amendments to the provision to be able to ultimately address issues concerning ancestral lands in the city.
Councilor Peter Fianza emphasized that addressing ancestral land claims in the city is โa race against time.โ He expressed concern that while claimants await recognition of their lands, these areas are being converted into reservations or identified for various government needs at national, city, and barangay levels.
Fianza stressed urgency on the matter, stating that by the time amendments to Section 78 are implemented, ancestral lands may have already been altered or repurposed.
In his privilege speech during the City Councilโs regular session on January 13, 2025, a day before the special joint session, Fianza pointed out that the Congress has yet to re-examine the Indigenous Peoples' Rights Act (IPRA) more than 20 years after its enactment. He emphasized the need for the city government to either initiate the removal of Section 78 or amend the City Charter to include appropriate land provisions governing the disposition or management of lands in the city.
City officials and the NCIP also agreed on the need for a resolution supporting previously issued CALTs and CADTs with no legal issues. Vice Mayor Faustino Olowan suggested that the NCIP issue a resolution recognizing these ancestral titles as equivalent to those granted by other agencies, thereby allowing the city government to grant permits. The NCIP expressed its support for this idea, emphasizing that CALTs not declared void by the Supreme Court should be presumed regular. They further stated that ancestral lands within the Baguio Townsite Reservation should be treated as private property, granting them the same rights and privileges as other titled properties.
The NCIP presented a map outlining ancestral land claims, the Happy Hallow Ancestral Domain, and approved registered CALTs, along with various proclamations and reservations. Councilor Betty Lourdes Tabanda emphasized the need to overlay this map with the Comprehensive Land Use Plan (CLUP) to enhance understanding and facilitate easier correlation with existing city plans.
Additionally, the NCIP asked assistance from the city council for the recognition of the issued derivative titles and the subdivision of the original CALTs. Dongayao emphasized the importance of the NCIPโs continued coordination with the Land Registration Authority (LRA) and the Registry of Deeds (ROD) for the crafting of guidelines on registering derivative titles and purchasing judicial forms from the central bank.
Previously, the city council passed Resolution 477-2023 urging the NCIP En Banc to immediately establish guidelines for the registration of TCTs derived from CALTs as mandated by the 2002 Memorandum of Agreement between the NCIP and LRA. This call sought to address the lack of clear procedures that has hindered the issuance of derivative titles by the ROD.
The NCIP also raised concerns regarding Indigenous Peoples (IPs) acquiring business and building permits for activities on their ancestral lands. Department of Justice Legal Opinion No. 34, Series of 2022, addresses these issues, affirming that CADTs or CALTs may serve as evidence of ownership, equivalent to a Transfer Certificate of Title (TCT), for permit applications. It states that building permits can be issued for structures on lands covered by CADTs or CALTs, provided these titles have not been nullified by judicial proceedings. This legal opinion enables IPs to obtain business and building permits based on their recognized ancestral land claims.
Councilor Mylen Victoria Yaranon raised issues faced by ancestral land claimants regarding building permits and business operations. She said claimants are required by the Department of Environment and Natural Resources (DENR) to build structures to prove occupancy, but they receive notices of violation for the lack of building permits. This creates a dilemma as building permits are typically issued for titled properties which many claimants lack.
Yaranon further stated that business permit renewals depend on having building permits, forcing claimants to rely on special permits which is burdensome. She emphasized that the non-perfection of titles is causing hardships for claimants who are original settlers and should be prioritized. The councilor called for a solution to reconcile these conflicting requirements and ease the burden on ancestral land claimants.
Recognizing the challenges faced by IPs in acquiring building and business permits, the City Council previously passed Resolution 476-2023 directing the City Buildings and Architecture Office (CBAO) to issue construction, building, and/or fencing permits to owners of lands covered by CALTs and CADTs. However, implementation was stalled due to legal concerns. NCIP Commissioner Gaspar Cayat suggested that the City Legal Office should resolve this matter and that the NCIP is in favor of legalizing buildings and issuing necessary permits for IPs.
City Legal Officer Althea Alberto clarified that their reservations about granting business and building permits are not general, but specific to cases where properties overlap with city land needs or safeguarded lands. She said the city faces a dilemma in reconciling the protection of these lands with the issuance of permits. She sought assistance from the NCIP regarding land classifications and rights of IPs over their claims to distinguish these rights from other land classifications.
Given the magnitude of the challenges faced by IPs in the city, city officials and the NCIP agreed to create a technical working group (TWG) composed of representatives from the NCIP, DENR, City Government of Baguio, and other concerned agencies. The TWG is tasked with exploring possible options and solutions for recognizing and protecting ancestral lands in Baguio City while navigating the complexities of both local and national laws.
With continued efforts to align national and local laws, Baguio City aims to ensure that the rights of its IPs are fully recognized and protected, bringing justice to long-overdue ancestral land claims. -Jordan G. Habbiling
