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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