Busol demolition stalled; city gov’t squatters agree to work out accord
>> Wednesday, August 14, 2019
BAGUIO CITY – Mayor Benjamin Magalong on Aug. 9 agreed to
put on hold the demolition of eight on-going constructions at the Busol
watershed even as he secured commitment from the informal settlers to guard the
reservation from further intrusion while both parties decide on a long-term
solution to the standoff.
In a dialogue with the
watershed occupants numbering 150, the mayor cited the city’s firm position to
safeguard the remaining unoccupied portion of the watershed placed at only 60
percent of the entire Baguio side of the reservation it shares with La
Trinidad, Benguet.
He said that while the
city gives humanitarian consideration to the predicament of the occupants, many
of whom are ancestral land claimants who claimed to be long time settlers of
the forest reserve, law and order must be respected.
But while the city is
deciding on what action to take and while court cases remain pending, the mayor
said the city can strike an agreement with the occupants toward the achievement
of a common aim to preserve what is left of the watershed.
“If we don’t agree soon,
we are sure to move in the direction of removing all of you from the watershed
because our priority is to save the watershed from further intrusion and
destruction,” the mayor said.
The occupants led by the
heirs of the Gumangan clan and heads of the four barangays straddling the
reservation agreed to cooperate with the city by stopping the entry of more
settlers and undertake preservation measures even as they appealed for a
win-win solution on their plight.
The mayor agreed to give
them a month to organize and present a plan of action for the guarding and
preservation of the watershed and promised to explore ways to help them in
their predicament.
Busol, the city’s
biggest source of potable water, is embroiled in several court cases involving
informal settlers and ancestral land claimants.
On Feb. 4, 2009 the
Supreme Court ruled with finality sustaining the city government’s bid to
demolish some structures covered by Demolition Order No. 33 series of 2005 of
former mayor Braulio Yaranon.
The High Tribunal
sustained the city government’s contention that the city is governed by its
charter and “thus, (lot occupants) cannot claim their alleged ancestral lands
under the provisions of the Indigenous People’s Rights Act (IPRA).”
To date there are other
cases pending before the various courts.
The city is also set to
pursue the reversion procedures before the Office of the Solicitor General to
reclaim the 7.8 hectare lot within the Busol watershed that was divided into 22
lots and illegally titled by unscrupulous individuals in 2015.
The subject lot is
covered by a 211 title or part of those titles issued under Civil Reservation
Case No. 1 Record 211 and which were declared void by the Supreme Court because
the court that issued the same had no jurisdiction. The said titles can
be legalized only upon undergoing validation proceedings.
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