Amnesty set for ‘notorious occupants’ of Baguio lots

By Gaby Keith and Glen Balangao

BAGUIO CITY – The city council passed on first reading a proposed ordinance “providing amnesty on building permit requirements for those in actual, physical and notorious possession of public lands in the concept of an owner and for other purposes”.

Councilor Edgar Avila, the measure’s proponent, explained that because of the special nature of lands in Baguio, a majority of its constituents have not been given the opportunity to have the lands they have constructed on, titled under the present Torrens System.

“Though they have been in actual, physical and notorious possession of public lands in the concept of an owner defined in the Civil Code, the threat of being declared illegal settlers, squatters and violators of PD 1096 as amended by RA 6541 (National Building Code) continue to hang over their heads like a Sword of Damocles,” he added.

Avila said oppositors, claimants, prospective buyers and speculators “have time and again used a complaint for Violation of PD 1096 or building without permit as a potent weapon to dispossess, harass or even grab possession and ownership over the lands in question”.

The councilor, admitted, however, that his proposed ordinance could not and never would amend and/or revise PD 1096 as amended by RA 6541.

“It is most humbly submitted that in the exercise of its legislative power and invoking parens patriae, a local law can provide for measures to curtail the impact of a national law which is proving to be ‘injurious’ to the rights of its people,” Avila said.

Effective upon approval of the proposed ordinance, the City Mayor of Baguio upon the recommendation of the city council’s committee on urban planning, lands and housing chairman, shall issue a Mayor’s Tolerance Permit (MTP) to any individual who has been or through his predecessor-in-interest have been in actual, physical and notorious possession of public lands in the concept of an owner defined in the Civil Code for thirty years or more, provided that a residential house or structure has been built therein provided further that within the said period, he has declared the improvements thereon for taxation purposes with the office of the city assessor.

The applicant for an MTP shall submit to the chairman of the city council’s committee on urban planning, lands and housing an undertaking that he will “perfect” his claim, application and/or award into a “private right” or Torrens Title issued by the Register of Deeds for the city of Baguio within ten (10) years from the issuance of the MTP in his name, otherwise the said MTP shall be automatically revoked and appropriate action shall be taken by the concerned city department.

Upon application and approval of an MTP, the effects of a demolition order issued by the city anti-squatting group under the city administrator’s office or the city building official shall be suspended for a period of ten (10) years from the issuance of the MTP in his name to afford the applicant the last opportunity to “perfect” his claim, application and/or award into a “private right” or Torrens Title issued by the Register of Deeds for the city of Baguio.

Thereafter, the MTP shall be automatically revoked and appropriate action shall be taken by the concerned city department.