City Hall: Ancestral Domain or Ancestral Land?
>> Monday, April 7, 2014
LIGHT AT THE END OF THE TUNNEL
PINSAO, Baguio - Certificate of Ancestral
Domain Title (CADT) or Certificate of Ancestral Land Title (CALT) recognizing
the rights of the Indigenous Cultural Community (ICC) or Indigenous Peoples
(IPs) are formal titles that are only applicable to the Ibaloys as far as the
City of Baguio is concerned.
We are all aware that the City of Baguio and
the neighbouring towns and provinces of the Cordillera have attracted the
attention of foreign conquerors, religious groups and followed later by the
do-gooders and human rights elements for almost 400 years. In those centuries,
our Igorot ancestors resisted invasions and enslavement and how the so-called
inferior beings were able to repulse the superior forces under the Spanish god
and their king. In the end, “Igorots accepted their God and rejected their
king” (William Henry Scott).
Let me take you back to history of Ibaloy
claims for better understanding, according to Mayor Domogan. Sometime in
November 1922 at the Court of First Instance (CFI), there were 48 Igorot claims
that have been recognized. These were genuine and legitimate claims that took
the nature of a private property. These claims were never part of alienable and
disposable lands or low site reservations of the city until late 1950’s. It was
in 1957 when the last after a series of petitions have been filed; now there
are 285 additional Igorot claims that have been recognized.
The Supreme Court came with its decision in
Republic vs. Sinforoso Fangonil, et.al and Republic vs. Angel Sanggalang, et.al. It further stated, those that were not recognized as Igorot claims are
part of the town site reservation of the city. But fortunately, after the Edsa
Revolution of 1986, when President Cory Aquino came in, Special Order 31 was
issued. In 1990, there were additional ancestral land claims. This was an order
that gave authority to the DENR to screen ancestral land claims in the
Cordillera, that included Baguio City.
None had questioned the legality of that SO.
After the SO expired, the creation of DAO 02 was issued by the Executive
Department of the DENR. DAO 02 was again never questioned. Some 782 ancestral
land claims were recognized. Then came the Indigenous People’s Republic Act
(IPRA) that took effect on November of 1997. Section 78 of the IPRA states that
the city of Baguio shall continue to be governed by the City Charter. Prior
rights of titles issued by Administrative bodies or by the courts, before the
effectivity of this law shall remain valid. Under Administrative order 504, it
stated clearly in the last paragraph that all PSU approved plans be cancelled
except those PSUs being applied for ancestral claims.
Remembering my high school days of 1970’s, I
used to go with my mother and elder sister to hold placards in front of Mansion
House together with Ibaloy elders and other claimants to rally for the titling
of our lands during President Marcos regime. This was just after the
declaration of Martial Law where the military were all over the place and left
us included with the Leftist groups that were more in number than us.
On my next issue, for better appreciation of
the Ibaloy community, I will write on the Ibaloy Cultural Sensitivity; Why
Ibaloys are shy, and the final series of the “City on the Hill, CADT or CALT?”.
Happy trails to one and all!
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