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Dissenting Opinion
G.R. No. 224469
As a matter of fact, the Court, in Philippine Economic Zone Authority
(PEZA) v. Carantes, 63 had occasion to uphold this concept of State
administration over ancestral lands. There, -the Caranteses obtained a
Certificate of Ancestral Land Claim (CALC) over their 30,368-square meter
parcel of land located in Baguio City and, subsequently, fenced the premises
and began constructing a residential building thereon. The PEZA sought
recourse from the courts on the issue of whether the Caranteses may build
structures within the Baguio City Economic Zone on the basis of their
CALC and without the necessary permits issued by the PEZA. The Court
held that as mere holders of a CALC, as opposed to a Certificate of
Ancestral Land Title (CALT), the Caranteses' right to possess is limited to
occupation in relation to cultivation. We held further, however, that even if
they were able to establish ownership of said ancestral land, acts of
ownership such as fencing and building permanent structures thereon cannot
summarily be done without complying with applicable laws reqmrmg
building permits issued by the PEZA. We elucidated as follows:
Respondents being holders of a mere CALC, their right to possess
the subject land is limited to occupation in·relation to cultivation. Unlike
No. 1, 26 Par. 1, Section 1, Article VII of the same DENR DAO, which
expressly allows ancestral domain claimants to reside peacefully within
the domain, nothing in Section 2 grants ancestral land claimants a similar
right, much less the right to build permanent structures on ancestral lands
- an act of ownership that pertains to one (1) who has a recognized right
by virtue of a Certificate of Ancestral Land Title. On this score alone,
respondents' action for injunction must fail.
Yet, even if respondents had established ownership of the land,
they cannot simply put up fences or build structures thereon without
complying with applicable laws, rules and regulations. In particular,
Section 301 of P.D. No. 1096, otherwise known as the National Building
Code of the Philippines mandates:
SEC. 301. Building Permits. No person, firm or corporation, including any agency
or instrumentality of the government shall erect, construct,
alter, repair, move, convert or demolish any building or
structure or cause the same to be dtme without first
obtaining a building permit therefor from the Building
Official assigned in the place where the subject building 1s
located or the building work is to be done. x x x x
This function, which has not been repealed and does not appear to
be inconsistent with any of the powers and functions of PEZA under R.A.
No. 7916, subsists. Complimentary thereto, Section 14 (i) of R.A. No.
7916 states:
SEC. 14. Powers and Functions of the Director
The director general shall be the overall
General. [coordinator] of the policies, plans and programs of the
63
635 Phil. 541, 554 (20 I 0).
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