PMA: No dismantling of structures in reservation

>> Friday, February 24, 2023

Without demolition order 

By Jordan G. Habbiling

BAGUIO CITY – The Philippine Military Academy will not demolish structures of land claimants situated within the military reservation here at Fort Del Pilar unless there is a demolition order issued by the court or by the city mayor, PMA officials told the City Council in a forum Feb. 13.
    Maj. Julesther Cañada, PMA real estate officer, said the academy has “no authority” to dismantle structures within the 373-hectare military reservation without any court's or city's order. 
    LTC Maria Elena Esteban, PMA legal officer, said the academy had not executed any demolition, adding all issues arising from the construction of structures in the area by private citizens were referred to the city’s anti-squatting committee.
    To date, there were two cases of “squatting” referred to the committee, she said. 
    The discussion stemmed from a city council resolution stating there shall be a “status quo” in the area pending resolution of a land dispute between PMA and the Bontoc Organization of Purok Ongasan, Loakan, Incorporated (BOPOLI).
    During the forum, it was clarified the status quo pertained to the agreement between PMA and BOPOLI during a committee hearing conducted by Councilor Leandro Yangot Jr. on Aug. 17, 2022 that there would be no demolition of structures and that the status quo did not pertain to construction of a fence surrounding the military reservation. 
    BOPOLI members in 2021, had protested against construction of a perimeter fence which they claimed would enclose the lot they were currently occupying.
    The fencing project was funded by the Dept. of Public Works and Highways 9DPWH) and National Defense (DND).
    A fencing permit had earlier been issued by the chief engineer of the Armed Forces of the Philippines (AFP) who serves as the building official authorized by the DPWH to issue fencing and building permits for structures within military reservations in the country.
    The lot occupied by BOPOLI members is part of the area covered by Proclamation No. 2405, s. 1985 which declared certain portions of land of the public domain situated in Fort Gregorio Del Pilar military reservation subject to prior rights, if any there be. 
    The entire reservation covers an area of 3,731,399 square meters more or less whereas the lot claimed by BOPOLI covers an area of 29,631 square meters. The BOPOLI members claimed the said area had been occupied by their forefathers since World War II and prior to the establishment of PMA.
    Cañada and Esteban said the fencing project was “eighty percent done and ongoing.”
    They assured city officials and BOPOLI members that populated areas would not be fenced as issues on land claims are being resolved.
    Meanwhile, Severino Lumiqued, lawyer of the National Commission on Indigenous Peoples-Cordillera Administrative Region (NCIP-CAR), told the city council that there were two pending applications for Certificates of Ancestral Land Titles (CALTs) covering portions of lands within the military reservation.
    These were applications filed by the heirs of Chacchakan covering an area of more than 28 hectares and by the heirs of Bella Canda covering an area of around three hectares.

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