Baguio officials hit ‘illegal’ land titles issued by NCIP

By Paul Rillorta

BAGUIO CITY – The city government is now questioning titles issued by the National Commission on Indigenous Peoples (NCIP) to ancestral land applicants deemed not falling within Republic Act. 8371 or the Indigenous People’s Rights Act of 1997 (IPRA).

Mayor Mauricio Domogan said the city is only covered by the IPRA on a limited and exceptional manner stating Chapter 8 Section 78 which states “the city 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.”

Domogan said, “the law also states that prior land rights and titles recognized or acquired through any judicial, administrative or other processes before the effectivity of the Act shall remain valid.”

“It is very clear that the NCIP is violating Section 56 of the Act by issuing Certificate of Land Titles (CALT’s) even to properties which are already titled and even owned by the government,” he said.

The NCIP recently issued CALT’s to government reservations and parks in the city some of which include Wright Park, Mansion House, Botanical Garden, parts of Loakan Airport, Busol Watershed, Forbes Park Reservation and Casa Vallejo among others.

Section 56 provides property rights within the ancestral domain already existing or vested upon the effectivity of the IPRA Law (1997) shall be recognized and respected.

“I hope that this matter is a wake-up call for the NCIP to seriously study their interpretation of the law,” he said.

However, Domogan said he is not against legitimate ancestral claims and is supporting legitimate ancestral claimants to finally get hold of their native titles.

“If the NCIP only follow what is stated in the law, we would never be in this situation,” he said stating further that there would be continuous coordination with the Solicitor General and other government agencies in order to protect land rights.

“You can count on this, we will continue to do our part and question CALT’s by the NCIP issued to illegitimate claimants and work for its nullification,” he said.

Accordingly, the city government and the NCIP which was then headed by Chairman Eugenio Insigne resolved in 2009 CALT applications will not undergo processing without first going through the Baguio Ancestral Land Clearing Committee (BALCC).

“It is really surprising that CALT’s continue to be issued to parks and government owned lots despite the understanding arrived at in 2009,” Domogan said.

Recently, the NCIP en banc issued a status quo order delaying the Writ of Possession its regional office issued to Roebling Hotel, Inc., who presently operates the Casa Vallejo hotel.

The hotel catapulted to the limelight last week after the National Resources Development Corporation (NRDC) under the Department of Environment and Natural Resources (DENR) cried foul over the order of the NCIP favoring heirs of Cosen Piraso to take possession of the subject structure.

The 2,160 square meter subject property which houses the historic Casa Vallejo Hotel has been issued CALT’s by the NCIP, a move the city government and the DENR-NRDC say is questionable and done in haste. 

Domogan said, “the issuance of the status quo order by the NCIP itself is a starting point for the commission to realize that it created more serious problems than what the law intends to address.”

“This situation must be corrected,” Domogan said.
Domogan also pleaded to residents to be vigilant and support the move of the government to reclaim properties covered by titles and proclamations which have been issued CALT’s by the NCIP.

Domogan said the NCIP should only give titles to legitimate ancestral land claimants and should respect the provision of Section 78 of said law.