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5-f Baguio Vs Masweng

The city government of Baguio City ordered the demolition of illegal structures built by private respondents on the Busol Watershed Reservation without permits. The private respondents claimed the lands were their ancestral lands. The NCIP issued temporary restraining orders to stop the demolition. The petitioners appealed, arguing the NCIP had no jurisdiction and the land was exempt from ancestral claims under IPRA as it was needed for public welfare. However, the court found that while Baguio City is governed by its own charter, this does not exempt it from recognizing prior land rights established before IPRA. The proclamation cited by respondents did not definitively recognize their ancestral land claim. Therefore, the land remains inalienable public land.

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101 views2 pages

5-f Baguio Vs Masweng

The city government of Baguio City ordered the demolition of illegal structures built by private respondents on the Busol Watershed Reservation without permits. The private respondents claimed the lands were their ancestral lands. The NCIP issued temporary restraining orders to stop the demolition. The petitioners appealed, arguing the NCIP had no jurisdiction and the land was exempt from ancestral claims under IPRA as it was needed for public welfare. However, the court found that while Baguio City is governed by its own charter, this does not exempt it from recognizing prior land rights established before IPRA. The proclamation cited by respondents did not definitively recognize their ancestral land claim. Therefore, the land remains inalienable public land.

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THE CITY GOVERNMENT OF BAGUIO CITY, 

et al. vs. ATTY. BRAIN MASWENG, et al.

FACTS:

City Mayor of Baguio City, Braulio D. Yaranon, ordering the demolition of the illegal structures
constructed by Lazaro Bawas, Alexander Ampaguey, Sr. and a certain Mr. Basatan on a portion of the
Busol Watershed Reservation located at Aurora Hill, Baguio City, without the required building permits
and in violation of Sec 69 of PD No. 705, as amended, PD No. 1096 and RA No. 7279.

Private respondents basically claimed that the lands where their residential houses stand are their
ancestral lands which they have been occupying and possessing openly and continuously since time
immemorial; that their ownership thereof have been expressly recognized in Proclamation No. 15 dated
April 27, 1922 and recommended by the DENR for exclusion from the coverage of the Busol Forest
Reserve. They, thus, contended that the demolition of their residential houses is a violation of their right
of possession and ownership of ancestral lands accorded by the Constitution and the law, perforce, must
be restrained.

The corresponding demolition advices dated September 19, 2006 were issued informing the
occupants thereon of the intended demolition of the erected structures on October 17 to 20, 2006.
Consequently, private respondents filed a petition for injunction with prayer for the issuance of a TRO
and/or writ of preliminary injunction against the Office of the City Mayor of Baguio City before the
National Commission on Indigenous Peoples, Cordillera Administrative Region (NCIP-CAR). The NCIP-
CAR, on October 16 and 19, 3006, issued 2 TROs and issued Demolition Orders. The petitioners
appealed before the CA, and the latter upheld the NCIP and affirmed the TROs

The government claims that Busol Forest Reservation is exempt from ancestral claims as it is
needed for public welfare. It is allegedly one of the few remaining forests in Baguio City and is the city's
main watershed. Further, they also claim that the NCIP has no jurisdiction to hear and decide main
actions for injunction.

Further, the IPRA provides that Baguio City shall be governed by its Charter. Thus, private
respondents cannot claim their alleged ancestral lands under the provisions of the IPRA.

As a defense, the private respondents contend that jurisdiction of the NCIP to take cognizance of
and decide main actions for injunction arguing that the IPRA does not state that the NCIP may only issue
such writs of injunction as auxiliary remedies, and that the IPRA does not exempt Baguio City from its
coverage nor does it state that there are no ancestral lands in Baguio City.

ISSUE:

         Whether the Busol Forest Reservation is exempted under the IPRA law.

HELD:
No, the provision indeed states that Baguio City is governed by its own charter. Its exemption from
the IPRA, however, cannot ipso facto be deduced because the law concedes the validity of prior land
rights recognized or acquired through any process before its effectivity. The IPRA demands that the city's
charter respect the validity of these recognized land rights and titles.

The Proclamation No. 15, however, does not appear to be a definitive recognition of private
respondents' ancestral land claim. The proclamation merely identifies the Molintas and Gumangan
families, the predecessors-in-interest of private respondents, as claimants of a portion of the Busol Forest
Reservation but does not acknowledge vested rights over the same.

Hence, the Busol Forest Reservation remains inalienable as decided in the case of Heirs of Gumangan v.
Court of Appeals.

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