Molintas bats for CADT on ancestral land claims: Titling of Baguio lands gets more controversial

By Gina Dizon

BAGUIO CITY –The controversy over the granting of titles to ancestral land claimants here who have staked their claims even over forest reservations and parks is far from over.

Former Baguio City mayoral aspirant Jose Molintas has joined the fray urging issuance of CADTs (Certificate of Ancestral Domain Titles) instead of CALT (Certificate of Ancestral Land Titles) in claims for ancestral lands in the city.

One fifth of the city’s land areas cover ancestral claims posing threats to public use and enjoyment and city officials have to address this, Molintas, a human rights lawyer and indigenous peoples advocate said.

These include lands covering public parks, playgrounds, roads, reservations, forests  in lands covering CALT claims filed before the National Commission on Indigenous Peoples  (NCIP) on areas found at Wright Park, the land fronting the Mansion House, the Speakers Cottage area, the Forbes Park as well as portion of the Botanical Garden, parts of Busol Watershed, and the land owned by the City of Baguio near the mansion house, portion of the Loakan Airport, portion of the Philippine Military Academy, Casa Vallejo at Session Road among others.

Molintas said by way of CADT, claimants shall determine the use and development of the land claim as a collective community and not for wrong intentions as personal sale.

The city council Monday called on the Cordillera Administrative Region  joint regional steering committee to look into the titling of government lands by the NCIP.

The resolution authored by Councilors Leandro Yangot Jr. and Karminn Cheryl DinneyYangot as adopted by the council recommended to the joint regional steering committee the taking of immediate and appropriate action for the cancellation of all CALTs issued over government reservations, parks and properties “so that Baguio City will not lose its parks and playgrounds and everyone may enjoy what Baguio City has to offer,” the resolution stated.

Baguio Mayor Mauricio Domogan issued Administrative Order 114 creating the formation of a technical working group to evaluate applications for CALTs in Baguio City on those which do not qualify under section 78 of the Republic Act 8371 of the Indigenous Peoples Rights Act of 1997.

The section provides that the City of Baguio “shall remain to be governed by its Charter and all lands proclaimed as part of its townsite reservation shall remain as such until otherwise reclassified by appropriate legislation.”

Section 78 also provides an exemption that “prior land rights and titles recognized and/or acquired through any judicial, administrative or other processes before the effectivity of this Act shall remain valid.”

Among those recognized are ancestral claims screened under Special Administrative Order No. 31 and Dept. Administrative Order No. 02 issued by the Dept. and Environment and Natural Resources.

The first nullification case against a state-issued ancestral land title was filed by the national government through the Office of the Solicitor General averring that the NCIP overstepped its authority when it titled a Baguio forest owned by the city government.

Forbes Park issued to heirs of LauroCarantes represented by Itogon based family of Antino Carantes of Benguet. The Court of Appeals called to restrain the NCIP, the Baguio register of deeds, and the family from developing, selling or transferring the properties covered by the CALT.