P-Noy cedes b’gay hall lot to claimant; officials file appeal

By Aileen P. Refuerzo

BAGUIO CITY – President Benigno Aquino III has recently ceded a lot where the South Drive barangay hall was built here to a private individual.

Where barangay officials will hold office and settle local problems and affairs is now a problem, prompting them to ask city officials to intervene. 

The city council here, as a result last week urged the President to reconsider his decision dated July 14, 2014 on OP Case No. 11-8-057, which affirmed en toto the decision of then Dept. of Environment and Natural Resources Secretary Jose Atienza Jr. issued in 2004 which denied the appeal filed by the South Drive barangay officials against Alonzo Lumacas over the lot where the barangay hall is located.

Barangay officials filed the appeal to retain the lot occupied by their barangay hall for the need of the locality pursuant to Resolution No. 172-87 and the city land needs identification committee report dated Sept. 6, 1989 identifying said lot for city or barangay need.

In Resolution No. 216 series of 2014, the city council asked the President to reconsider the decision “to protect the interest of the city, more particularly South Drive Barangay and its constituents.

“It is a clear-cut policy that public interest is sovereign over any private interest.  In Baguio, parcels of public lands have been reserved for city/barangay needs to be used for the various land needs of the city as well as the different barangays in furtherance of delivery of better service to the public,” the city council told the President.  

“It is also an established policy that public lands within the City of Baguio that have been reserved by the City Government of Baguio for public purpose as city/ barangay needs shall be respected by the DENR.”

The council committee on lands said the interest of the barangay over the subject lot was jeopardized when the DENR-CAR, “in wanton disregard of City Resolution No. 172-87 as well as the provisions of DENR Administrative Order No. 01 series of 1990, blatantly gave due course to the protest lodged by petitioner Lumacas and ordered that the claim of the barangay be dismissed/dropped from the records for lack of merit.”

“If this is now the direction of the DENR in treating similar cases pending before their office as well as future cases of similar nature, then the sacred and vital role of the City Government of Baguio in the acceptance, recommendation and approval of TSA’s will not only be compromised but considered futile as well.”

The disputed public land located at Residence Section “C”, South Drive Barangay and measuring 592 square meters was reserved for public purpose and was later used as site for the South Drive Barangay hall and government-funded structures including a barangay hall, a basketball court and a satellite market.

Lumacas however filed his Townsite Sales Application (TSA) over the said parcel of land and in July 2004, Atienza issued an order in his favor.

Former barangay officials and residents of South Drive filed their motion for reconsideration to the decision but the same was denied by the regional executive director of the Department of Environment and Natural Resources-Cordillera Administrative Region, in a resolution dated Sept. 23, 2004 and later again by Atienza.

The Office of the President, in its decision dated July 14, 2014 signed by Executive Secretary Paquito Ochoa Jr. adapted findings of facts and conclusions of law in the DENR decision dated Oct. 2, 2009.

In the resolution, the city council also urged the DENR-CAR to suspend processing of the claim of private individuals over the subject lot.