Decision
7
G.R. No. 201273
OCT No. 0-CALT-37 was based on CALT No. CAR-BAG-0309-000207
issued by the NCIP to the Heirs of Ikang Paus; 22 ( d) the lot covered by OCT
No. 0-CAL T-3 7 is inside the property covered by Proclamation No. 603 as
plotted by the DENR using the reconstructed and unapproved survey plan
together ~ith the technical description of Lot 1, SWO-14110215703-D-ANCIP;23 and (e) Resolution No. 060-2009-AL granted CAL T No. CAR-BAG0309-000207 to the Heirs oflkang Paus. 24
The Complaint also states nine causes of action, as follows:
1. Resolution No. 060-2009-AL was null and void for failing to
implead the Director of Lands following Section 53(±) of the
IPRA· 25
'
2. the CAL T was issued contrary to Section 12 of the IPRA as the
application of the Heirs of Ikang Paus was opposed by other
members of the Ibaloi tribe; 26
3. the CALTwas patently defective for failure to secure the signature
and approval of all the NCIP commissioners; 27
4. no Torrens title can be issued over BSF, a government reservation,
which could only be covered by a Certificate of Ancestral Domain
Title (CADT), and not a CAL T; 28
5. BSF is protected from· anc·estral domain or ancestral land claims
following Section 7(g) of the IPRA; 29
6. the issuance of the OCT/CALT was void because of the NCIP's
failure to negotiate with the Republic following the NCIP's
Administrative Order No. 1, Series of 1998; 30
7. the issuance of the CALT was defective because the adjacent owners
were not notified; 31
8. the Heirs of Ikang Paus, even assuming that they may be issued an
OCT, failed to prove that they possessed and occupied the property
22
23
24
25
26
27
28
29
30
31
Id.
Id. at 199.
Id. at 200.'
Id. at 203-206.
Id. at 206-208.
Id. at 208-209.
Id. at 209-213.
Id. at 213-215.
Id. at 215-218.
Id. at218-221.