Monday, April 7, 2014

City Hall: Ancestral Domain or Ancestral Land?

LIGHT AT THE END OF THE TUNNEL

PINSAO, Baguio - Certificate of Ancestral Domain Title (CADT) or Certificate of Ancestral Land Title (CALT) recognizing the rights of the Indigenous Cultural Community (ICC) or Indigenous Peoples (IPs) are formal titles that are only applicable to the Ibaloys as far as the City of Baguio is concerned.

We are all aware that the City of Baguio and the neighbouring towns and provinces of the Cordillera have attracted the attention of foreign conquerors, religious groups and followed later by the do-gooders and human rights elements for almost 400 years. In those centuries, our Igorot ancestors resisted invasions and enslavement and how the so-called inferior beings were able to repulse the superior forces under the Spanish god and their king. In the end, “Igorots accepted their God and rejected their king” (William Henry Scott).

Let me take you back to history of Ibaloy claims for better understanding, according to Mayor Domogan. Sometime in November 1922 at the Court of First Instance (CFI), there were 48 Igorot claims that have been recognized. These were genuine and legitimate claims that took the nature of a private property. These claims were never part of alienable and disposable lands or low site reservations of the city until late 1950’s. It was in 1957 when the last after a series of petitions have been filed; now there are 285 additional Igorot claims that have been recognized.

The Supreme Court came with its decision in Republic vs. Sinforoso Fangonil, et.al and Republic vs. Angel Sanggalang, et.al. It further stated, those that were not recognized as Igorot claims are part of the town site reservation of the city. But fortunately, after the Edsa Revolution of 1986, when President Cory Aquino came in, Special Order 31 was issued. In 1990, there were additional ancestral land claims. This was an order that gave authority to the DENR to screen ancestral land claims in the Cordillera, that included Baguio City.

None had questioned the legality of that SO. After the SO expired, the creation of DAO 02 was issued by the Executive Department of the DENR. DAO 02 was again never questioned. Some 782 ancestral land claims were recognized. Then came the Indigenous People’s Republic Act (IPRA) that took effect on November of 1997. Section 78 of the IPRA states that the city of Baguio shall continue to be governed by the City Charter. Prior rights of titles issued by Administrative bodies or by the courts, before the effectivity of this law shall remain valid. Under Administrative order 504, it stated clearly in the last paragraph that all PSU approved plans be cancelled except those PSUs being applied for ancestral claims.

Remembering my high school days of 1970’s, I used to go with my mother and elder sister to hold placards in front of Mansion House together with Ibaloy elders and other claimants to rally for the titling of our lands during President Marcos regime. This was just after the declaration of Martial Law where the military were all over the place and left us included with the Leftist groups that were more in number than us.

On my next issue, for better appreciation of the Ibaloy community, I will write on the Ibaloy Cultural Sensitivity; Why Ibaloys are shy, and the final series of the “City on the Hill, CADT or CALT?”.


Happy trails to one and all!

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