Mayor clarifies stand on Baguio City land issues

By Aileen Refuerzo

BAGUIO CITY – Mayor Mauricio Domogan last week appealed anew to the Office of the Solicitor General to keep track of the city’s land cases particularly those involving the cancellation of titles covering forest reservations and titled lots to help the city government resolve the teeming land issues and controversies hounding the locality.

The mayor aired his appeal during his meeting with OSG representatives led by Senior Assistant Solicitor General Noel Segovia last Monday.

The mayor also clarified that the city has nothing against ancestral land applications as some quarters claim.

“We are not against ancestral land claims as long as these are legitimate. Of course, we are opposed to false claims as these put the city and the residents’ interest in peril. For the legitimate claims, we are in fact doing our best to protect and help our claimants,” the mayor told his Ugnayang Panlungsod media briefing last Wednesday.

The mayor said the city and the OSG have been collaborating on the OSG’s petition with the Court of Appeals for the cancellation of the Certificates of Ancestral Land Title (CALTs) issued over parcels of land within the Forbes Park forest reservation and of titles covering prime pieces of property which were subdivided and eventually expanded by several hectares in Pacdal and Dontogan barangays.

The OSG has the sole authority to initiate proceedings for the cancellation of the spurious titles and it has committed to fast-track the reversion proceedings upon orders of President Benigno Aquino III in response to the appeal of Domogan last January.

The OSG last February 25 filed before the Court of Appeals a petition for the cancellation of the National Commission on Indigenous Peoples (NCIP) Resolution No. 048-2008 which served as basis in the issuance of O-CALT 26, 27, 28 and 29 in favor of the heirs of Lauro Carantes over the Forbes Park lots.

Named respondents in said case were the NCIP, the Registry of Deeds Baguio City, Land Registration Authority (LRA) and the heirs of Lauro Carantes.

Domogan said the OSG tried to register a notice of lis pendens before the ROD in Baguio to certify that the subject CALTs are pending litigation but it was denied by the ROD head.

He said the OSG is presently holding consultations with the LRA on the matter.
The ROD has in the past denied the city’s two bids to annotate or register its adverse claim on the assailed Forbes Park titles and it also rejected the city’s adverse claim affidavit over CALTs issued over lots occupied by the Wright Park and adjoining lots titled in the name of the city.

Domogan said the said decisions of the ROD have jeopardized the city’s interest over the lots prompting the city officials to contemplate the ROD top official’s transfer.

“It would be better if the city council will schedule an inquiry with the ROD and if needed, we ask for is transfer. Maybe then, our position to protect our lands and our forest reservation will get proper support,” the mayor bemoaned.

The mayor also expressed hopes that the court will immediately act on the civil case filed by the city for injunction with prayer for the issuance of a temporary restraining order and writ of preliminary injunction to protect the city’s interest on the lots to enjoin the ROD from processing transactions involving the CALTs after its denial of the registration of the city’s adverse claim on the assailed NCIP titles.

The mayor also clarified that contrary to a report in a weekly newspaper, there is no official decision from the Ombudsman clearing NCIP officials from the administrative case filed by the city.

The administrative case was lodged against NCIP commissioners Atty. Eugenio Insigne, Rolando Rivera, Rizalino Segundo, Atty. Noel Felongco, Jannette Serrano-Reisland, Felecito Masagnay and Miguel Imbing Apostol for approving the resolution that paved the way for issuing the title which is “highly irregular, anomalous and illegal in view of the fact that Forbes Forest Reservation is an inalienable forest reserve which was withdrawn from sale of settlement by virtue of Proclamation No. 10 issued on February 9, 1924.”

The mayor said no less that the OSG representatives confirmed that there was no official resolution signed and released by the Ombudsman on said case.

The city is seeking to recover the parcels of land covered by the subject NCIP Titles – Original Certificate of Titles Nos. O-CALT-26, O-CALT-27, O-CALT-28 and O-CALT – 29 and their derivative titles transfer certificates of titles bearing nos. TCT Nos. T-99949, T-99950, T-99951, T-99952, T-99953, T-99953, T-99954, T-99955, T-99926 and T-99927” issued by the NCIP to the heirs of Lauro Carantes.

The city is also seeking the cancellation of titles covered by expansion which as identified during the time of former mayor Braulio Yaranon are: Original Certificate of Title No. -0-128 covering an area of 10,300 square meters which was resurveyed and subdivided and increased in area to 511,556 sq. m. or 51.1556 hectares located in Dontogan; TCT No. T-12826 covering an area of 501 sq. meters which was resurveyed and subdivided and increased in area to 155,795 sq. meters or 15.579 hectares in Pacdal; and TCT No. T-9463 covering an area of 1,000 sq. meters which was increased to 4,483 sq. meters.

On the claims that the city is pouncing on ancestral land claimants, the mayor took exception from this tirade which took root from the inclusion of a provision in the proposed City Charter dealing on treating legitimate ancestral lands as not alienable or with the same nature as private lots.

The mayor clarified that on the contrary, the said provision was included to protect these legitimate claims against other land applications by barring the processing of any applications over lands covered by ancestral land claims until the ancestral land applications have been denied with finality.

The mayor said that to end the issues accusing him of being anti-ancestral land claimants, he will just recommend to the Senate committee on local government the removal of the said provision.

On the issue of free patent, the mayor said the free patent law covers the city unless the Dept. of Environment and Natural Resources (DENR) fulfill its promise to come up with special Implementing Rules and Regulations for the city because of its unique status as a townsite reservation.

Domogan said the city has no issues on lots measuring up to 200 square meters which is the limit in the free patent law but the problem lies on lands with bigger areas.

The mayor said the DENR admitted that in other areas, they allow processing of larger areas upon subdivision into 200 square meter portions but this practice should not be done.

“We should follow the law and altogether disqualify lots exceeding 200 square meters from the coverage of the Free Patent,” the mayor said.