04/02/2020
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Reservation is inalienable and possession thereof, no matter how long, cannot
convert the same into private property. Even assuming that private respondents
have a pending application for ancestral land claim, their right is at best contingent
and cannot come under the protective mantle of injunction.
Petitioners also claim that the Busol Forest Reservation is exempt from ancestral
claims as it is needed for public welfare. It is allegedly one of the few remaining
forests in Baguio City and is the city's main watershed.
Finally, petitioners contend that the demolition orders were issued pursuant to the
police power of the local government.
In their Comment[9] dated March 1, 2007, private respondents defend the
jurisdiction of the NCIP to take cognizance of and decide main actions for injunction
arguing that the IPRA does not state that the NCIP may only issue such writs of
injunction as auxiliary remedies. Private respondents also contend that the IPRA
does not exempt Baguio City from its coverage nor does it state that there are no
ancestral lands in Baguio City.
As members of the Ibaloi Indigenous Community native to Baguio City, private
respondents are treated as squatters despite the fact that they hold native title to
their ancestral land. The IPRA allegedly now recognizes ancestral lands held by
native title as never to have been public lands.
Private respondents aver that the Busol Forest Reservation is subject to ancestral
land claims. In fact, Proclamation No. 15[10] dated April 27, 1922, which declared
the area a forest reserve, allegedly did not nullify the vested rights of private
respondents over their ancestral lands and even identified the claimants of the
particular portions within the forest reserve. This claim of ownership is an exception
to the government's contention that the whole area is a forest reservation.
Lastly, private respondents assert that the power of the city mayor to order the
demolition of certain structures is not absolute. Regard should be taken of the fact
that private respondents cannot be issued building permits precisely because they
do not have paper titles over their ancestral lands, a requirement for the issuance of
a building permit under the National Building Code.
Petitioners' Reply to Comment[11] dated June 11, 2008 merely reiterates their
previous arguments.
We shall first dispose of the elemental issue of the NCIP's jurisdiction.
The NCIP is the primary government agency responsible for the formulation and
implementation of policies, plans and programs to protect and promote the rights
and well-being of indigenous cultural communities/indigenous peoples (ICCs/IPs)
and the recognition of their ancestral domains as well as their rights thereto.[12] In
order to fully effectuate its mandate, the NCIP is vested with jurisdiction over all
claims and disputes involving the rights of ICCs/IPs. The only condition precedent to
the NCIP's assumption of jurisdiction over such disputes is that the parties thereto
shall have exhausted all remedies provided under their customary laws and have
obtained a certification from the Council of Elders/Leaders who participated in the
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