Baguio City is exempt from ancestral claims under Republic Act No. (RA) 8371, or the Indigenous Peoples Rights Act of 1997 (IPRA), the Supreme Court (SC) said on Friday.
The SC en banc affirmed Baguio City’s exemption from IPRA, except for native title to land, or ownership since time immemorial where the indigenous peoples are still in actual possession of the land.
“What is needed for a claim of native title to prevail is proof that the indigenous peoples are in open, continuous, and actual possession of the land up to the present,” the Court said.
“The source of right is a vested property right. Therefore, the application for the title is not through the IPRA but through the usual land titling process,” it added.
A motion for reconsideration was filed by the National Commission on Indigenous Peoples (NCIP) and the heirs of Joan L. Gorio and Lauro Carantes challenging SC’s earlier decision, which held that under Section 78 of the IPRA, the law shall not apply to the City of Baguio.
In its July 11, 2023 Decision, the SC ruled that Baguio City is not subject to the IPRA due to its designation as a Townsite Reservation.
The High Tribunal emphasized that the IPRA does not override earlier proclamations granting property rights, in this case, in favor of the government.
However, even if Baguio City is exempt from IPRA’s operation, indigenous people may still establish their ownership over their lands if they can prove continuous occupation and possession of the land since time immemorial, even within a reservation.
The SC underscored that this is different from the recognition of ancestral rights established under the IPRA.
