SC denies NCIP motion not to make Baguio CALTs void

By Aileen P. Refuerzo

BAGUIO CITY -- The Supreme Court decision nullifying Certificates of Ancestral Land Titles (CALTs) issued by the National Commission on Indigenous Peoples (NCIP) in key areas in the city stays as the High Tribunal resolved to deny the motion for reconsideration filed by the NCIP.

In a notice dated Feb. 10, 2020, the SC Special Second Division quashed four motions and noted without action two others thereby upholding its decision dated Sept. 25, 2019 declaring as “null and void” NCIP Resolution Nos. 107-2010-AL and 108-2010-AL that paved the way for the issuance of the titles; O-CALT Nos. 129 and 130 including corresponding Transfer Certificates of Title Nos. and CALT Nos. covering 36 parcels of lot claimed by the heirs of Cosen Piraso and Josephine Abanag.

The decision penned by former Acting Chief Justice Antonio Carpio also granted the petition for review of the Office of the Solicitor General and reversed the decision and resolution of the Court of Appeals dated January 15, 2013 that upheld the validity of the subject CALTs.  

In annulling the CALTs, the court ruled that the NCIP “has no legal authority to issue CALTs or CADTs (Certificate of Ancestral Domain Titles)” over said properties as these are townsite reservation areas in the city.

It said Baguio City is not covered by the Republic Act No. 8371 or the Indigenous Peoples Rights Act by virtue of Section 78 that provides that the city “shall remain to be governed by its Charter and all lands proclaimed as part of its townsite reservation shall remain as such until other reclassified by appropriate legislation.”

The court averred that the section provides exceptions particularly those “prior land rights and titles recognized and acquired through any judicial, administrative or other process before the effectivity of the IPRA and territories which became part of Baguio after the effectivity of the IPRA which is November, 1997.

However, the court ruled that the subject claims do not qualify under said exceptions citing antecedent facts and court decisions that proved that “respondents were not among the original and additional claimants” over subject properties.

 “The said lots in the present case were not shown to be part of any ancestral land prior to the effectivity of the IPRA.  To stress, private respondents’ rights over the subject properties… were never recognized in any administrative or judicial proceedings prior to the effectivity of the IPRA law,” the court said.

“The CALTs and CADTs issued by the NCIP to respondents are thus void.” 

The city government under former mayor Mauricio Domogan through the City Legal Office under Melchor Carlos Rabanes since 2009 had sought the annulment of said CALTs maintaining that the lots are within forest and park reservations and therefore inalienable.