BAGUIO ORIGINALS Baguio City is historic for a landmark US Supreme Court decision in 1909 that recognized the “native title” of indigenous peoples. The ruling is a foundation of the 1997 Indigenous Peoples Rights Act which ironically excluded Baguio and its Ibaloy residents, shown in this community celebration on Oct. 9, from the law’s coverage. —Neil Clark Ongchangco
BAGUIO CITY, Philippines — The National Commission on Indigenous Peoples (NCIP) and the Baguio City Council are preparing for a joint session to address a contentious provision in the Indigenous Peoples Rights Act (Ipra) of 1997 that excludes Baguio’s Ibaloy community from its coverage.
During a special council session last week, NCIP Commissioner Gaspar Cayat urged local legislators to lobby Congress for the amendment or repeal of Section 78 of Republic Act No. 8371.
READ: NCIP now allows ancestral land titling in Baguio
This provision states that Baguio will remain governed by its Charter, and all lands within its townsite reservation will retain their classification unless otherwise reclassified by legislation.
The 1909 Baguio Charter declared the entire city a townsite, facilitating the auction of lands to settlers during the American colonial era.
Over the years, significant portions of Baguio have been reclassified as government reservations, such as the area where the Philippine Military Academy was established, and the Baguio Dairy Farm managed by the Department of Agriculture.
Although Congress updated the city’s Charter through Republic Act No. 11689 in 2022, it upheld Ipra as the mechanism for recognizing ancestral lands in Baguio.
However, Section 78 continues to prevent the issuance of certificates of ancestral land titles (CALTs) within the city’s townsite reservation, effectively excluding the Ibaloy community from full recognition of their ancestral properties.
Councilor Peter Fianza, an Ibaloy lawyer, emphasized that ancestral land rights were absent in the 1909 Charter.
But the legal basis for recognizing indigenous land rights, including those of the Ibaloy, stems from the landmark 1909 US Supreme Court decision affirming the “native title” of Ibaloy chieftain Mateo Cariño over lands that now comprise parts of Camp John Hay.
Path forward
The NCIP has cited three Supreme Court rulings in the country, most recently in July 2023, which uphold Section 78 and nullify CALTs within Baguio. These affirm that, within its jurisdiction, the city’s Charter takes precedence over Ipra.
Recognizing the need for change, the NCIP and the Baguio council are forming a technical working group with Ibaloy organizations to discuss legislative actions.
The joint session is expected to convene by late December or early 2025 to address both the repeal of Section 78 and broader issues, such as the controversial sale of ancestral lands.
Repealing Section 78 through amendments to the modern Baguio Charter is seen as a faster route than amending Ipra, which could face resistance. Some legal scholars caution against opening Ipra to amendments, fearing challenges to its constitutionality.
Councilor Jose Molintas, another Ibaloy lawyer, argued that Section 78 discriminates against Baguio’s Ibaloy community and must be rectified.
Councilor Betty Lourdes Tabanda also called for stricter NCIP guidelines to prevent the retail sale of ancestral properties, a practice that has raised concerns among local groups.