The document summarizes the ancestral land claims of Baguio City from the early 1900s to present. It traces the history of land ownership from the Spanish Regalian Doctrine, to the Americans declaring all lands as property of the state. There were early Igorot claims to lands in 1906 that were denied because the lands were considered public. However, in 1909 the US Supreme Court recognized ancestral lands as belonging to indigenous peoples. Since then the number of Igorot/ancestral land claims has grown, with the NCIP currently processing 581 claims. Issues around titled lands, pending applications, overlaps and inactive claims are presented along with recommended actions.
3. When the Americans took over the Spanairds,
the Regalian Doctrine was transforemed to
mean the “State owns all Lands.”
4. In the early 1900’s, the
Americans arrived in
Baguio then known as
Kafagway.
Kafagway was then
peopled by the Ibaloi.
5. In 1906, Executive Order (EO) 37 created the
Baguio Townsite
In September 1, 1909; Act No. 19644 or the Baguio
City Charter came into effect further entrenching
Baguio’s townsite status
6. 1901 - Mateo
Carino filed a
petition to register
his ownership
over a wide track
of land in
Kafagway --
1906 Philippine Supreme Court denied the petition because
the land was already taken possession of by the insular
government for public and military purposes under Act.
No. 636, and therefore exempt from resettlement and claim.
7. In 1909, the US Supreme Court handed down its decision in the Carino case
reversing the Philippine Supreme Court decreeing that ancestral lands and
domains were never part of the public domain or were never subject to State
ownership for the simple reason that these lands remained with the indigenous
peoples.
8. Land Registration Court Civil
Reservation Case No. 1, GLRO
Record No. 211
November 13, 1922
- the CFI of Benguet rendered a
decision in the reservation case
decreeing all lands within the Baguio
Townsite Reservation as public lands
9. Igorot Claims
1924
- There are 48 Igorot claims
recommended for issuance of patent.
1930
- Igorot claims grew in number, they
were now called 285 Claims”
10. Proclamation No. 628 (exclusive
Function of the Executive Officer)
On January 8, 1960, President Carlos P.
Garcia issued Proclamation No. 628
excluding from the operation of the
Baguio Townsite Reservation certain
parcels of public land known as Igorot
Claims situated in the City of Baguio
and declaring the same open to
disposition under the provisions of
Chapter VII of the Public Land Act.
11. Special Order No. 25 & Department
Administrative Order No. 2
Under this SO and DAO, the DENR came
up with a masterlist of Ancestral Land
applicantion (which was still on process)
totaling to 757 which it turned over to the
NCIP when IPRA was enacted.
12. NCIP Period
• Joint review by NCIP and DENR found
double entries from the 757 claims –
number was reduced to 576.
• Total Ancestral Land to be processed by
NCIP = 581
13. 1924 1930 DENR DENR-NCIP NCIP (with
new
applications
received bet.
2014-2019.
48 285 757 576 581
Igorot claims
recommended
for patents.
Expanded
Igorot Claims
Identified
Ancestral Land
Claims under
the 193 DAO 2.
Trimmed down
AL claims after
review by
DENR and
NCIP.
AL claims
received from
2014 to 2019.
Baguio Ancestral Land Claims
14. C1 C2 C3 C4 C5 C6 Tot
Titled 4 61 1 0 0 0 66
On Process (without or with
minimal hampering issues)
19 43 23 19 49 43 196
Pending (with issues that
hampers processing of
application)
21 36 28 2 20 5 112
Inactive Applications (No
follow-ups for the last 5 or
more yrs)
36 89 47 8 52 22 254
TOTAL 80 182 99 29 121 70 581
Baguio Ancestral Land Claims
Based on NCIP’s list of 581
C1: Guisad, Irisan, Pinsao C3: Country Club, Happy
Hallow
C5: Asin, Marcos Highway,
Sto. Tomas, Crystal Cave
C2: Atok Trail, Bakakeng,
Camp 7, Loakan, Kias,
Kennon Rd, Camp, John Hay
C4: Aurora Hill, M. Roxas,
New Lucban, South Drive,
Trancoville, Pacdal
C6: Gibraltar, Greenwater,
Lucnab, Mines View
15. ISSUES re. Ancestral Lands
ISSUES RECOMMENDED ACTIONS
Lands with CALT AO 052 series 2014 Dialogue with the city
government.
On-process
Applications
Difficulty in completing
required documents.
Assistance from NCIP.
Pending
applications
Overlaps Strengthen mediation process.
Inactive
applications (no
follow-ups for the
last five years or
more)
No responses to
communication.
Consultations with AL claimants
at barangay/cluster levels.