Baguio SP wants stop to demolition of 100 houses

By Jordan G. Habbiling

BAGUIO CITY -- The city council approved a resolution requesting deferment of demolition order No. 11, Series of 2019 of houses in Barangay Balacbac here.

Residents of Balacbac and Sto. Tomas Proper urged the city council on Feb. 3 to halt demolition of their properties scheduled Feb. 11 after their motion for reconciliation was junked by the City Mayor’s Office.

The city demolition team under the City Buildings and Architecture Office was ordered to enact Demolition Order No.11 Series of 2019 issued by then Mayor Mauricio Domogan.

The demolition order, if or when enacted, will affect 100 individuals and families who constructed commercial buildings and houses in a parcel of land with an area of 23,697 square meters.

The investigation conducted by the CBAO in 2017 revealed that there were no building permits issued to the owners of structures in the said lot.

In a separate investigation and ocular inspection conducted by the Peace Order and Safety Division (POSD) in the same year, the findings revealed that the occupants had no legal documents and proof of ownership noting that they had violated Section 301 of the National Building Code.

The investigations were prompted by a letter of complaint filed by the heirs of the late Maximo Galgana, claimant of the lot covered by Transfer Certificate Title No. T-27908 of the Registry of Deeds (ROD).

In his order signed on May 30, 2019, Domogan stated that it was his “duty to enforce all laws against illegal structures within the city.”

Domogan cited the National Building Code which provides that construction without permit is illegal.

He also cited Letter of Instruction No. 19 which orders the removal of illegal construction built within or have encroached on the said lot.

Alejandro Agpes, President of Balacbac Peoples Association, contested the demolition order claiming that the lot in question was one of the un-validated 211 titles and that it had reverted to its original status.

Balagtey claimed that the title of the lot was declared by the court “null and void” thus cannot be validated.

Agpes cited Executive Order No. 152, s. 2002 which provides that the Presidential Commission for the Urban Poor (PCUP) has been designated as the clearing house for the conduct of demolition and eviction activities involving the homeless and underprivileged citizens.

With the denial of the association’s motion for reconsideration, Agpes appealed to the city council for a conference with the Land Registration Authority (LRA), PCUP, ROD, and other line agencies regarding the legitimacy of their claims.

The city council advised the members of the association to file a second motion for reconsideration attaching all their legal documents.

“The demolition order was issued by the previous mayor. File a new motion for reconsideration because the new mayor might have a different position,” Vice Mayor Faustino Olowan said.

Agpes also cited the case of Luis Namba, member of Balacbac Peoples Association, who sought help from the LRA in 2018. Agpes claimed the LRA acted in favor of Namba and that the latter’s application is now pending before the DENR.

Councilor Betty Tabanda suggested to the members of the association to apply for ownership over the land citing the case of Namba as a precedent in legitimizing their occupancy.

Councilor Benny Bomogao mentioned Ordinance 89-2018 which provides for a moratorium on demolition of structures that are on actual, physical, and notorious possession in the concept of an owner.

“Opposites, claimants, prospective buyers and speculators have repeatedly used a complaint for violation of the said Decree or specifically, ‘building without permit’ as a potent weapon to dispossess, harass or even grab possession and ownership over the lands in question,” the ordinance stated.

“The intent of this Ordinance is not to amend and/or revise the existing Issuances but in the exercise of its legislative power and invoking parens patriae or ‘parent of the nation’, and providing for measures to limit the impact of a national law which is considered to be injurious to the rights of its people,” the Magna Carta for Land Possessors in the City Of Baguio added.

Bomogao said the council may invoke the ordinance to put a moratorium on the impending demolition at Balacbac, Sto. Tomas Proper.

"This ordinance can only be invoked if the person is occupying an alienable and disposable public land in the concept of an owner for more than 30 years," Bomogao clarified. "Pero hindi pwedeng gamitin ang ordinance kung easement iyan or titled property or kung may nagmamay-ari na."

The matter was referred to the Committee on Urban Planning, Lands, and Housing for further study.