Friday, February 11, 2022

Baguio gov’t, DENR at odds over TSA lot; public auction nixed

By Jordan Habbiling

BAGUIO CITY -- The City Council and the City Planning and Development Office during regular session Monday, expressed their opposition against the public auction of the Townsite Sales Application (TSA) of a certain Enrique Galang over a lot located along South Drive Barangay on grounds the said lot has been identified for public use.
    In a resolution, the Baguio City Council requested regional executive director Ralph Pablo of the Dept. of Environment and Natural Resources- Cordillera Administrative Region to deny Galang’s TSA.
    According to the DENR’s manual for land disposition, a TSA is a type of application covering lands of the public domain within an established townsite which is disposable under the Public Land Act for residential or commercial purposes through bidding. 
    The move of the city council and the CPDO to push for the denial of Galang’s TSA was based on recommendation of then City Mayor Mauricio Domogan. 
    In his letter dated January 3, 2011, Domogan said the lot in question was identified on July 7, 1995 by the City Land Needs Identification Committee as housing site. But since the area is too small for its identified purpose, barangay officials requested for its conversion into a park.
    Domogan said under Resolution No. 01 of the A.O. 504 clearing committee, only certain areas not needed for public projects be subject of an application for a permit.
    Under DENR department order 01, series of 1990, receiving of new applications shall only be made after all ancestral lands and lands for city needs have been identified, surveyed, and delineated to be titled in the name of the concerned party. 
    The department order also stated all applications covering areas inside identified, surveyed, and delineated land needs of the city for public purposes shall be rejected.
    Domogan said under resolution 01 of the A.O. 504 clearing committee, no applicant shall be issued any revocable or provisional permit if they are already an owner of a home lot in Baguio City.
    Galang holds title of a 793-sqm area located at Irisan Barangay. As per the A.O. 504 resolution 1, Galang is no longer eligible to acquire public land in the city. 
    The former mayor’s letter said the city government has not waived its interest over the land identified for city/barangay needs.
    Meanwhile, Evelyn Wales of the City Environment and Natural Resources Office (CENRO)- Baguio said in November 2007, the regional executive director of DENR-CAR issued a resolution stating that Galang’s TSA shall be given “due course.”
    This would have led to immediate sale of the land at public auction.
    In his resolution, the DENR-CAR regional executive director stated that then punong barangay Cesar Munar issued a certificate withdrawing the identification of the land as barangay park. 
    In 2008, CENRO- Baguio was ordered to implement the resolution issued by the DENR-CAR regional executive director.
    For years, the resolution has not been implemented for unclear reasons.
    Wales revealed that, in 2021, CENRO-Baguio was poised to implement the resolution.
    However, after having been informed of the case of the lot which was being resolved in the DENR central office, CENRO-Baguio decided to recall its previous decision to implement the 14-year-old DENR-CAR resolution. 
    In her letter to CENRO officer-in-charge Leandro de Jesus dated Jan. 13, 2022, CPDO head Donna Tabangin said the city government officials nor the South Drive barangay officials were informed of the regional executive director’s decision to auction off the parcel of land.
    During the session, Elias Aoanan of the CPDO said Munar’s supposed withdrawal of the lot's identification is not valid since it was the City Land Needs and Identification Committee that rightfully identified it for barangay/city needs.
     Maribel Cagalawan, incumbent punong barangay of South Drive, said she hoped for immediate resolution of the case.  
Cagalawan continues to work with the concerned city government offices in protecting the area from encroachment by private individuals.

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