P-Noy told: Stop cancellation of Baguio ancestral land titles

BAGUIO CITY – President Aquino was urged by indigenous peoples here who were given titles over their ancestral lands and domains to stop moves of offices under the Office of the President to have such titles canceled.

The titles were issued (some in the process) over prime lands including Camp John Hay.

Claimants/owners included heirs of Cosen Piraso over Casa Vallejo, heirs of Josephine M. Abanag in Pacdal and Lauro Carantes in South Drive.

Manuel Cuilan and Alfonso Aroco, lawyers of owners or claimants of ancestral land claimants told a press conference here Thursday it was unfair moves were being initiated by the National Commission on Indigenous Peoples and Bases Conversion Development Authority to cancel or stop processing of ancestral land titles given to their clients.

Both the NCIP and BCDA are under the Office of the President.

We appeal to President Aquino to put a stop to this injustice

of not recognizing the legitimate ancestral land rights of our clients, Cuilan and Aroco said.

The lawyers said after 17 years of implementation of Republic Act 8371 or the IPRA law, indigenous peoples who are owners or claimants of ancestral lands in Baguio City are faced with cancellation of their Certificate of Ancestral Land Title (CALT) and certificate of Ancestral Domain Title (CADT) and reversion.

The latest case of cancellation was reportedly embodied in NCIP en banc resolution dated Oct. 7, declaring cancellation of ancestral land titles 302, 303 and 304 even as resolving portion of the resolution called for an “investigation” on the matter.

“This is putting the cart ahead of the horse,” Aroco said. “There should have been an investigation first before such cancellation (of the titles.)”Cuilan said investigation should have been done years ago over issuance of such titles.

The NCIP resolution was signed by Commissioners Percy G. Brawner, Dionesia O, Banua, Era C. Espana, Bayani D. Dumaoang, Cosme M. Lambayaon, Zenaida Brigida H. Pawid and Chairperson Leonor T. Oralde-Quintayo.

“We are asking the NCIP and BCDA to correct themselves first, thus the Office of the President should ask these two agencies to get together and resolve issues,” Cuilan said.

Aroco added they would be filing cases against BCDA and NCIP should they persist in cancelling or reverting ancestral lands of their clients.

The lots involved those claimed or owned by the heirs of Cosen Piraso, Josephine Abanag and Lauro Carantes.

The cancellation of the ALTs (ancestral land titles) is tantamount to cancellation of the CALTs because it will now appear that these ancestral lands were not issued titles at all. This is now fair to the ancestral land claimants or owners and not in accordance with procedure,” the ancestral land claimants/owners said in a press statement.

“All these ALTs were registered with the Register of Deeds of Baguio City. The report that these ALTs were not officially releasedis not an issue but a matter of record keeping and is an internal problem, so it should not affect the ancestral land claimants/owners.)

The NCIP resolution reportedly called for an investigation by the Land Claims Office, Legal Affairs Office, Clerk of the Commission and once from NCIP-Cordillera Administrative Region. All of these bodies are under the NCIP.

“The ADO issues and types the CALT and keeps the record. How can ADO investigate itself? Aroco and Cuilan said copies of the ancestral land titles are missing in the NCIP central office.

Ancestral land owners showed a copy to the media at El Cielito Inn Thursday of an original CALT issued by the NCIP in 2009.

Cancellation of CALTs/CADT and reversion of ancestral lands and domains were earlier reportedly filed with the Regional Trial Court of Baguio City by the Solicitor General for and in behalf of the BCDA.

These included lands owned and claimed by heirs of Kellet, Morie Shodang; ancestral domain of Happy Hollow and six clans identified as Canuto, Siso, Itlongay, Paytocan, Liwan and Otinguey.

Representatives of the clans during the press conference included Pacita Medina for Otinguey clan, Chona Espina Jaymae Lou Kubulan for Kellet and Richard Acop for Piraso.

The ground for cancellation and reversion of these ancestral lands, according to the BCDA, was because these form part of the former American military base of Camp John Hay and therefore remained with public domain owned by the State.

The BCDA said as per Republic Act 7227, these lands were turned over to the BCDA and therefore not covered by the IPRA law.

Cuilan however said under the IPRA, ancestral lands even those purportedly owned by the State like military bases are rightfully owned by indigenous peoples and in the case of their clients, they went through the process until they were given titles while some are still being processed.

According to claimants/ land owners, the RTC had no jurisdiction over cases filed by the BCDA because it should have been filed with the NCIP.

 The RTC judge reportedly issued an order dismissing cases for lack of jurisdiction. The BCDA reportedly appealed the case to the Supreme Court where it is pending.

As per resolution No. 362, series of 1994 of the Sangguniang Panglunsod of Baguio City adopted on Sept. 7, 1994, conditionalities over the taking over of John Hay after control over Camp John Hay was returned to the Philippine Government by the US included those on ancestral land claims over the area.

“Ancestral claims covering portions of Camp John Hay shall not be considered as closed as instead treated as pending so that from the time an ancestral law is passed by Congress implementing the provisions of the 1987 Constitution, the said claims should be decided by the appropriate administrative body or the courts or whoever are entitled shall be given due and just compensation,” a part of the 19 conditionalities stated.

Part of conditionalities by the city government stated: “The BCDA shall exclude all barangays from the John Hay reservation. BCDA must comply with all conditions set by the City of Baguio as host community of the Camp John Hay economic zone.”

To date, the BCDA had reportedly installed a checkpoint at the road entrance to Happy Hollow barangay and residents have to ask for permission from the BCDA to bring in commodities or materials to repair their houses even during storms. – Alfred Dizon