Loving Baguio and watershed blues

HAPPY WEEKEND
Gina P. Dizon

The city government finds a strong ally with the Supreme Court in its battle against squatters in the Busol Watershed area. The lingering scuffle on the Busol Watershed area between squatters and ancestral land claimants against the city government comes with the 2009 decision of the SC upholding the authority of city officials to demolish structures within the watershed area.

A challenging stance for the city government, the SC decision wields strong ammunition they can use against squatters and would be squatters including their supporters on further encroaching and supporting the intrusion of squatters into the major watershed source of the city.

City officials in their case elevated to the SC contended that the city is governed by its charter and “thus, (lot occupants) cannot claim their alleged ancestral lands under the provisions of the Indigenous People’s Rights Act (IPRA).”

Let us see what the Supreme Court say about their latest decision.

The Feb. 4, 2009 SC decision reversed an earlier decision of the Court of Appeals which upheld the jurisdiction of the National Commission on Indigenous People (NCIP) to issue temporary restraining orders and later a preliminary injunction to stop the implementation of the three demolition orders issued by then Mayor Braulio Yaranon for the dismantling of the illegal structures constructed by Lazaro Bawas, Alexander Ampaguey Sr. and a certain Mr. Basatan.

The Supreme Court maintained that the lot occupants’ ancestral land claim was not expressly recognized by Proclamation No. 15 which should have justified the issuances made by the NCIP. The highest court said Proclamation No. 15 “does not appear to be a definitive recognition of private respondents’ ancestral land claim.”

“The proclamation merely identifies the Molintas and Gumangan families, the predecessors-in-interest of private respondents, as claimants of a portion of the Busol Forest Reservation but does not acknowledge vested rights over the same. In fact, Proclamation No. 15 explicitly withdraws the Busol Forest Reservation from sale or settlement,” the decision reads.

“The fact remains, too, that the Busol Forest Reservation was declared by the Court as inalienable in Heirs of Gumangan v.Court of Appeals. The declaration of the (reservation) as such precludes its conversion into private property.

The SC decision is clear that the watershed reservation, meaning the lots within cannot be sold or settled on, obviously for reasons that the area is an endangered watershed. While that is so, the SC decision remains to be a question of how far it is going to be implemented and recognized.

Although SC’s ruling comes as a Johnny Come Lately decision since 2006 when the case was filed and led to further structures built through the years, it is highly relevant at this stage when NCIP regional hearing officer Brain Masweng filed TROs against the demolition notices issued by the City executive on illegal houses built at the endangered area. Masweng’s defenses rests on IPRA provisions that indigenous peoples have native titles to their ancestral lands and that Proclamation Order No 15 issued in 1922 grants ancestral claims.

NCIP’s position finds an ally with councilor lawyer Nicasio Aliping who was one in stopping the recent July demolitions despite the SC order which further stalled the embattled Busol watershed from settling to peaceful breezes. While that is do, the provisions of IPRA where indigenous peoples have a right to their ancestral lands stands tested on its superiority with the SC telling what should be and what should not.

At the onset, contempt charges were filed against Masweng for going against the Supreme Court ruling.

City Mayor Reynaldo Bautista said the city government tried to assist the settlers subjected for ejection by looking for relocation sites, but there are no available spaces for relocation. He said the settlers are not entitled to the law which mandates relocation in case of displacement, the city information desk reports.

Only underprivileged settlers can avail of relocation facilitated by the local government and the National Housing Authority, city officials explained.

What about “peaceful co-existence” where new settlers will not be allowed and the current settlers to stay in their premises? Vice Mayor Daniel Fariñas said this is “possible but remote because each party has to be in good faith and approval” of other stakeholders such as the DENR, Baguio Water District and Baguio Regreening Movement and the Supreme Court.

Mayor Reynaldo Bautista in news reports advised the occupants “to voluntarily dismantle their houses.” While the issue of ancestral claims is being decided opun, squatters are coming in fast and building their 2-3 story houses. Some are overseas contract workers.

Some are employees of the Department of Environment and Natural Resources who have acquired properties at the endangered watershed area. This prompted the city government in the past to request Malacanang to probe reports about this. SunStar learned that 32 houses up for demolition are abodes of still unnamed DENR employees.

This, aside from other private individuals. There are some 900 illegal structures in the Busol watershed area with only 33 houses identified for demolition at the moment. Do we see some more numbers coming?

If the city government is not going to act tough, expect more structures creeping in at the watershed area in the next months and years. Surely, the city officials would not want the next set of officials to inherit resolving the issue until groping for solutions is chronically late already. If you are one who wants a safe and assured water supply and a healthy environment with its cool breezes for you and your children and children’s children to enjoy in the city of Pines, you would want to halt this encroachment.

Much as there are sacred spots not culturally set as places for settlement, clearly, there are endangered spots which should not be inhabited lest it be a danger for the welfare of each and everyone.

Where two laws get pitted against the other, the law is meant to be for public interest and public welfare. This lingering claim for environmental protection of Busol watershed area deserves a second and third look. If you love Baguio and want to enjoy living in the place as well with the rest of the community, get squatters out of the watershed.