Sunday, March 31, 2013

Escudero: Sale of Baguio watersheds due to agencies



BAGUIO CITY – The issuance of land titles by different government agencies has led to conflict among lot claimants like in the case of watersheds in this summer capital which are now being openly sold.  

Sen, Chiz Escudero bared this saying vital government properties titled by the National Commission on Indigenous Peoples particularly those within watersheds in the city for example have added to the conflict.

The city government sought to stop the sale of lands within watersheds to no avail as claimants said they were the real owners of these properties since they have NCIP titles.

Escudero said this could not have happened if there was only one government land titling office. “As of this time we have different government offices which are issuing land titles: the NCIP, courts, the Department of Agrarian Reform among others.”

He added if reelected, he would work to make government come up with only one office which would issue land titles nationwide.

The issue cropped up during a forum with local media at El Cieleto Hotel Thursday where he showed up with senatorial candidate Grace Poe.

His girlfriend Heart Evangelista was nowhere in sight.      

Baguio officials earlier said “unscrupulous individuals” are now selling watersheds to buyers and have entered and introduced improvements on them to the detriment of the city.

Vice mayor Daniel Farinas said this was alarming and the city government had to do something legally during an executive-legislative meeting recently at city hall.
           
Earlier, the Court of Appeals in a decision denied the petition of the Office of the Solicitor General for the nullification of Original Certificates of ancestral Land titles (CALT’s) issued by the NCIP over prime lots within Forbes Park and Wright Park.
           
Mayor Mauricio Domogan said the cases were not yet over and motions for reconsideration on the CA’s decision have been filed.
           
The city government has brought to the attention of the Task Force for Baguio and Boracay composed of top officials, concerns regarding issuances of Certificates of Ancestral Land Titles (CALT’s) over parks and watersheds of the city.
           
The move was for the task force to understand the alarming environmental impact it poses to Baguio if forest reserves within the city continue to be titled to private individuals.
           
Officials said these recent developments will cause problems for the city and will have great impact on remaining forest and watershed cover.
           
Mayor Domogan said sale of lands within Forbes Park reservation and Wright Park remain invalid and illegal even as the CA dismissed the petition for nullification of titles over the said public properties filed by the Office of the Solicitor-general.
            
The local chief executive said the CA decision did not attain finality because the Solicitor-General already filed a motion for reconsideration questioning dismissal of the petition on technicality.
            
“The public must be warned not to be enticed to buy lands within the Forbes Park reservation and the Wright Park area since the sale of the lands remain illegal considering that the areas are the city’s only remaining forested areas that must be preserved and protected,” Domogan said.

He cited the decision of the NCIP favoring the ancestral claim of the heirs of Lauro Carantes over a 23-hectare portion of Forbes Park and the claim of Josephin Abanag over Wright Park that includes the site of the Philippine Information Agency in the Cordillera and some golf holes of the Baguio Country Club are highly irregular.

According to him, the city government has still a chance to question the merit of the case before the Supreme Court if the CA decides to uphold its earlier decision dismissing the petition to nullify the aforesaid ancestral titles considering that there are numerous SC rulings that cited that merits of cases must not be compromised by mere technicalities.

While it is true that Republic Act 8371 or the Indigenous Peoples rights Act recognizes the charter of the city, Domogan said IPRA also recognizes ancestral land claims that were previously recognized by administrative bodies and the courts pursuant to Section 78 of the said law which took effect in November of 1997.

However, Domogan raised the question whether or not the ancestral claims of the heirs of Carantes over a portion of Forbes Park and the ancestral claims of Abanag over Wright Park were previously recognized by the courts or administrative bodies prior to effectivity of IPRA.

Domogan also questioned the procedure adopted by the NCIP in granting the ancestral claims of the heirs of Luaro Carantes over a portion of Forbes Park and Abanag over Wright Park considering that the recognition of the ancestral land claims grossly violated the outlined procedures, particularly the delisting of the parks and reservations. – Alfred Dizon

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