Baguio questions 22 titles over Busol forest
>> Thursday, September 12, 2013
By Dexter A. See
BAGUIO
CITY – The city government here filed an adverse claim with the Land
Registration Administration (LRA) questioning the issuance, registration and
release of 22 derivative titles to 22 alleged claimants of around 7.8 hectares
portion of the Busol watershed, the main source of potable water supply of
Baguio and La Trinidad residents, saying it was in gross violation of existing
rules and laws governing ancestral claims and land registration.
Mayor Mauricio G. Domogan branded OCT No. 0-162 which was issued in 1965 as
null and void from the very start because it was issued through judicial
opening No. 211 which was declared by the Supreme court (SC) was
unconstitutional in the case of Republic vs. Judge Pio Marcos et. al.
“We are alarmed over the continuous issuance of certificates of ancestral land
titles and their derivative titles over portions of our watersheds which are
violative of existing rules and regulations,” Domogan said, adding Republic Act 8371 or the Indigenous Peoples
Rights Act (IPRA) mandates that CALTs will only be issued to legitimate
claimants of portions of watersheds provided that the applied area must first
be delisted from the reservation.
OCT No. 0-62 was issued to the heirs of Josephine Abanag without undergoing the
prescribed validation pursuant to Proclamation No. 1271 issued by the late
President Ferdinand E. Marcos. The 7.8-hectare property was then surveyed in
June 2013 with the survey plan approved by the Registry of Deeds on June 13,
2013 with the subsequent issuance of the derivative titles to the heirs of
Abanag.
According to the local chief executive, the area that was issued the CALT and
its subsequent derivative titles is a thickly forested portion of the watershed
that sustains the abundant supply of water for Baguio City and the nearby
capital town of La Trinidad, Benguet.
“The state of our watersheds and forests is now under serious threat because
thousands of trees are out to be sacrificed once the local government will not
succeed in its bid to nullify the illegally issued titles over reservations in
the different parts of the city,” Domogan said.
He said the city needs the support of various
sectors that are strongly advocating for the preservation and protection of the
trees to fight for the predicted cutting of thousands of trees in watersheds
once the titles over such areas will be legitimized.
Domogan also questioned the legitimacy of those individuals who were issued the
assailed derivative titles considering that some of them cannot even trace
their ancestral origin to that of the heirs of Abanag, thus, there is doubt on
how their names suddenly appeared as heirs of the purported ancestral land
claimant.
Busol watershed has a total land area of 336 hectares with 224 hectares
situated in the jurisdiction of La Trinidad, Benguet while the remaining 112
hectares that plays host to the thickly forested portions of the reservation is
located within the territorial jurisdiction of Baguio City.
Domogan explained what the city government is questioning is the illegal
issuance of ancestral land titles to purported ancestral land claimants,
particularly in identified watershed reservations in the different parts of the
city, thereby posing a serious threat to the state of the environment that
might compromise the city’s cool and romantic weather and its natural scenery.
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