BY: CHARLES NIKKO LIMON
In a seven-page resolution issued by the Supreme Court en banc on June 11, 2023, the court denied the motion for reconsideration filed by the National Commission on Indigenous Peoples (NCIP) and heirs Joan Gorio and Lauro Carantes.
This motion questioned Section 78 of the Indigenous Peoples’ Rights Act (IPRA) law, which excludes Baguio City from its coverage.
The case pertained to ancestral land claims by Ibaloi tribes in Baguio City, where the Supreme Court ruled that the Carantes family lacked sufficient evidence to prove ownership of the lands they were claiming.
This decision was not well received by Roger Sinot, the Indigenous Peoples Mandatory Representative (IPMR) of Barangay Pinsao Proper.
According to Sinot, he is already the third generation of his family fighting for their right to their ancestral lands.
During Martial Law, they almost faced imprisonment just for voicing their grievances.
Erlinda Tacay Losenyo, representing the fourth generation of her family, is also fighting for their ancestral land in Barangay Irisan.
The Supreme Court’s decision relies on Section 78 of the IPRA law, which states that the law does not apply to Baguio City.
However, claimants can still process Certificates of Ancestral Land Title (CALT) if they can prove residency in the area before the American colonization.
But with the recent court ruling, what options do the claimants have?
During a joint session between NCIP commissioners and the Baguio City Council, one remaining solution discussed was to amend Section 78 of the IPRA law.
A joint resolution between the City Council and NCIP could help push this forward.
However, while there’s no certainty yet, questions were raised during the session, including the sale of ancestral lands to non-members of indigenous groups and the lack of land titles for processing building and business permits.
The NCIP responded to these concerns.
The NCIP assured that they will continue processing the roughly 100 pending ancestral claims in the city.
According to NCIP, a joint resolution could help resolve these issues.
