E-Library - Information At Your Fingertips: Printer Friendly 7 of 18 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65663 CALTs cover almost one-fifth (1/5) of the 57.49 square kilometers that comprise Baguio City. The Ruling of this Court We grant the petition. Under the facts, the NCIP has no legal authority to issue CALTs or CADTs in favor of the subject properties included as Townsite Reservation areas in Baguio City. Republic Act No. 8371 (RA 8371) or the "Indigenous Peoples' Rights Act of 1997" (IPRA) expressly excludes the City of Baguio from the application of the general provisions of the IPRA. Section 78 of RA 8371 provides that "[t]he City of Baguio shall remain to be governed by its Charter and all lands proclaimed as part of its townsite reservation shall remain as such until otherwise reclassified by appropriate legislation." Section 78 of RA 8371 states: SECTION 78. Special Provision. — The City of Baguio shall remain to be governed 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 judicial, 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. (Emphasis supplied) Section 78 is a special provision in the IPRA which clearly mandates that (1) the City of Baguio shall not be subject to provisions of the IPRA but shall still be governed by its own charter; (2) all lands previously proclaimed as part of the City of Baguio's Townsite Reservation shall remain as such; (3) the reclassification of properties within the Townsite Reservation of the City of Baguio can only be made through a law passed by Congress; (4) prior land rights and titles recognized and acquired through any judicial, administrative or other process before the effectivity of the IPRA shall remain valid; and (5) territories which became part of the City of Baguio after effectivity of the IPRA are exempted. Thus, RA 8371 is clear that, for properties part of the townsite reservation of Baguio City before the passage of the IPRA, no new CALT or CADT can be issued by the NCIP. Under RA 8371, the NCIP is devoid of any power to re-classify lands previously included as part of the Townsite Reservation of Baguio City before RA 8371 was enacted. The said power to re-classify these properties is solely vested in Congress and can only be exercised by Congress through the enactment of a new law. Such prohibition to reclassify is reiterated in the Implementing Rules of the IPRA. Rule XIII, Section 1 of the IPRA law provides: 4/23/2020, 8:53 AM

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