Saturday, April 8, 2023

City council probes land dispute between farmers, Baguio gov’t


By Jordan G. Habbiling

BAGUIO CITY -- The City Council here started a probe of land dispute between the city government and indigenous farmers here in Barangay Irisan.
    The disputed land is a 5,000-square meter lot donated to the City Government of Baguio by the heirs of Felipe Pucay in 2001.
    The lot was intended for the construction of the city’s Social Welfare Center (Bahay Pag-asa) operated by the City Social Welfare and Development Office (CSWDO). 
    Also, the development plan for the halfway home for rebel returnees which is now under construction and the upcoming retirement home for the elderly will be implemented within the 5,000-sqm lot. A perimeter fence surrounding the lot has been erected to secure the area.
    A portion of the lot with an area of 1,299 sqm, however, appears to overlap the claim of the family of the late Frumencio Salda.
    In his letter to the city council, Froilan Salda, eldest son of the late Frumencio Salda, claimed that the lot owned by one of the heirs of Pucay was waived to his father in 2002. 
    According to Froilan Salda, he was charged by then City Social Welfare and Development Officer Betty Fangasan for illegal fencing in 2020 and was asked to pay a P10,000 fine.
    He also claimed that he and his fellow land claimants who are farmers were prohibited to access the road along the Social Welfare Center. 
    To thresh out the matter, the city council invited concerned parties to attend their regular session last March 27.
Nestor Mestito, CSWDO representative, said the said land dispute had been the subject of court litigation and has already been decided by the court.
    He said the land claimants filed a case of recovery of possession and damages, but the case was dismissed by the court.
    Mestito said the road along the Social Welfare Center was closed upon the recommendation of the court to ensure the safety of the children in the area.
    Also attending the session, the land claimants said they were using the lot for farming and gardening as source of their livelihood.
    They said closure of the road burdened farmers who transport their products going up and down the mountain.
Councilor Isabelo Cosalan Jr. said the city government had been “acting on its own” regarding the use of the donated lot without consulting the co-owners of the land including the Salda family.
    The city council requested CSWDO and the City Buildings and Architecture Office (CBAO) to reopen the road pending the resolution of the dispute.
    The city council’s committee on laws, human rights, and justice chaired by Councilor Peter Fianza will inspect the area and hold a hearing among all the parties concerned including the National Commission on Indigenous Peoples (NCIP) to thoroughly discuss the matter.
    One of the issues that needs to be addressed during the hearing was validity of the deed of donation now being questioned because of seeming lack of conformity by the other co-owners on the intent of Elsie Kiwas-Pucay, one of the heirs of Felipe Pucay, to donate the land to the city government.
 
 

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