NCIP nullifies spurious 75 ancestral titles in Baguio

By Dexter See and Aileen P. Refuerzo  

BAGUIO CITY – The National Commission on Indigenous Peoples (NCIP) nullified 75 certificate of ancestral domain titles (CADTs) and certificate of ancestral land titles (CALTs) in this city which issued by the First Commission of the attached agency of the Office of the President considering  the community and individual titles were fraudulently issued sometime in 2001.

The nullification of the questionable CADTs and CALTs was contained in Resolution No. 019-2013 unanimously signed by Chairperson Zenaida Brigida H. Pawid and Commissioners Dionesia O. Banua, Percy A. Brawner, Santos M. Unsad, Conchita C. Calzado, Cosme M. Lambayon and Roque N. Agton, Jr.

 “For all reasons and intents, these midnight titles are patently null and void and there is need for an official declaration to that effect,” the resolution said.

However, the NCIP stated any declaration of nullity would not prejudice rights of legitimate ancestral domain or ancestral land claimants, provided, the current applicable and pertinent rules and regulations and guidelines are properly observed

Lawyer John Rey Libiran, NCIP-Cordillera Administrative Region officer-in-charge, said the NCIP gave affected ancestral domain and ancestral land claimants that fall under the controversial “midnight titles” and over 200 more ancestral claimants until September 30 this year to perfect their documents for the Commission to act on whether or not their claims are legitimate.

“The native titles of the claimants were not nullified. The paper titles that were issued by the First Commission were the ones that were declared null and void from the start,” Libiran said.

He urged legitimate ancestral land claimants to perfect their documentary requirements such as papers from the Department of Environment and Natural Resources (DENR), genealogy, extensive family history among others and submit the same to the NCIP for assessment and validation to legitimize their claims within the prescribed period.

Libiran explained the 75 nullified CADTs and CALTs were branded “midnight titles” as these were issued towards the end of the term of office of members of the First Commission.

Aside from being fraudulently issued, some members of the First Commission denied having affixed their signatures to the issued CADTs and CALTs while a number of the controversial titles lacked sufficient technical descriptions and subdivision plans among others.

At the same time, the paper used in the issued titles were not legitimate considering that the Bangko Sentral ng Pilipinas did not issue appropriate security paper for the issued “midnight titles.”

The controversial titles covered areas in barangays Mines View, Gibraltar, Pacdal, Loakan, PInsao, Bakakeng, Camp 7, Irisan Ambuclao road while some of the titles did not have the exact location of the claimed property.

Mayor Mauricio G. Domogan welcomed the NCIP ruling to declare as null and void the so-called “midnight titles” that were issued over 13 years ago, saying that it had helped the city government solve some of the overlapping claims in watersheds and private properties in the affected barangays.

“We commend the NCIP for taking a firm stand against the fraudulently issued titles so that we are able to prevent land conflicts all over the city,” he stressed.

Domogan said at least the NCIP was still considerate to plight of legitimate ancestral claimants because it gave them until the end of September to perfect their documents pursuant to the provisions of Republic Act (RA) 8371 or the Indigenous Peoples Rights Act (IPRA).

Section 78 of the said law recognizes the Charter of Baguio City and its townsite reservation, provided, that all rights which were recognized by the courts or administrative bodies prior to the effectivity of the law in November 1997 shall be recognized.

“We had been supporting the clamor of legitimate ancestral land claimants over the titling of their claims in the different parts of the city that is why it is high time for them to unite, perfect their documents and comply with the current rules for them to be able to get the nod of the NCIP for the issuance of their CADTs and CALTs,” Domogan said.

The city government had questioned CALTs issued over tracts of land within Forbes Park in South Drive, Wright Park, Botanical Garden, the Casa Vallejo property along Upper Session Road, Loakan Airport and the Dairy Farm at Green Valley. 

It was not specified which were covered by the three cases said to have been investigated by the commission.

“Since some of the cases are pending before the Supreme Court, it was agreed that the city through the office of the city planning and development officer and the city legal officer will complete its research on all the derivative titles so the notices of lis pendens or the order of the Supreme Court against transferring these lots can be annotated to the titles to save possible buyers of said lots,” the mayor said.

He said that since the protracted move to cancel the CALTs in the city is unprecedented, it will serve as a model for similar cases in other parts of the country.

Of the 75 voided CALTs and CADTs, 74 lots mostly in Mines View and Loakan while one had no determined location.

The mayor reported more headway in the city’s bid to have the spurious CALTs issued over tracts of government and forest reservations in the city annulled.

He said the NCIP finally agreed to come up with a separate implementing rules and regulations to cover Baguio in line with the provisions of section 78 of Republic Act 8371 or the Indigenous People’s Rights Act.

Section 78 of the IPRA law provides a special provision 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..”  It 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…” which according to the mayor means that Igorot claims recognized before November 1997, the date of IPRA implementation, are qualified as ancestral claims.  

He said they agreed that the new rules should be issued before the end of September this year.

Apart from this, it was also agreed that NCIP and other agencies must comply with due process in the issuance of CALTs which means that stakeholders will have to be consulted before the issuance of said titles.

The mayor had asked the Office of the Solicitor General to initiate cancellation proceedings over titles issued to a lot covered by a 211 title located in Busol watershed and to fast-track the nullification of the so-called expanded titles 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.