E-Library - Information At Your Fingertips: Printer Friendly 8 of 18 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65663 Section 1. Special Provision. The provisions of the Act relating to the civil, political, social and human rights and those pertaining to the identification, delineation, recognition, and titling of ancestral lands and domains are applicable throughout the country; Provided; That lands within the Baguio Townsite Reservation shall not be reclassified except through appropriate legislation x x x. (Emphasis supplied) Section 78 of the IPRA is clear that the Charter of Baguio City shall govern the determination of land rights within Baguio City and not the IPRA. The said declaration by Congress is conclusive. In fact, a review of the Congressional Deliberations on both the House and Senate bills which gave birth to the IPRA reveal that the clear intent of the framers is to exempt Baguio City's land areas particularly the Baguio City's Townsite Reservation from the coverage of the IPRA. House Bill No. 9125 was sponsored by Abra Rep. Jeremias Zapata, then Chairman of the Committee on Cultural Communities. The said House bill was originally authored and subsequently presented and defended on the floor by Rep. Gregorio Andolana of North Cotabato. During the Congressional Debates, House Bill No. 9125 contained a special provision on Baguio City. The particular provision, Section 86 was amended during the House Deliberations thereon, as follows: MR: AVILA: One last amendment, Mr. Speaker. On page 35, line 25 (27), after the phrase, "This Act shall not apply to lands of the City of Baguio which shall remain to be covered by its charter and its townsite reservation status," the phrase "NOTHING IN THIS ACT SHALL BE READ TO MEAN A DIMINUTION OF PREVIOUS OR EXISTING RIGHTS," subject to style, Mr. Speaker. MR. ZAPATA: The Committee accepts subject to style, Mr. Speaker. THE DEPUTY SPEAKER (Mr. Perez, H.) Is there any objection? (Silence) The Chair hears none; amendment is approved.[20] (Emphasis supplied) Consequently, Section 86 was amended to read: The City of Baguio shall remain to be governend by its Charter and all lands proclaimed as part of its townsite reservation shall remain as such until otherwise reclassified by appropriate legislation: Provided, That prior land rights and titles recognized and/or acquired through any judical, administrative or other processes before the effectivity of this Act shall remain valid: Provided, further, That this provision shall not apply to any territory which becomes part of the City of Baguio after the effectivity of this Act.[21] The amended version of Section 86, House Bill No. 9125 was eventually adopted in whole as Section 78 of Senate Bill No. 1728. Senate Bill No. 1728, sponsored by Senator Juan Flavier, passed into law as Republic Act No. 8371 or the IPRA in 1997. The clear legislative intent is that, despite the enactment of the IPRA, Baguio City shall remain to be governed by its charter and that all lands proclaimed as part of Baguio City's Townsite Reservation shall remain to be 4/23/2020, 8:53 AM