Master of Arts in Political Science
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Item Resolving the disparity between the regalian doctrine and the native title doctrine on ancestral land claims in Baguio City(2015-04) Aquino, Jennifer Corpuz.The study emerged as a response to the clamor of Indigenous peoples who remain to be disenfranchised despite he implementation of a landmark legislation - RA 8371 or the indigenous People's Rights Act of 1997. The focus of the study was to comprehensively describe the historical, practical and legal aspects that have placed the principles the Regalian Doctrine and the Native Title Doctrine in seeming opposition as it focused on the Ibaloi experience in Baguio City. The main aim of this study was to determine the historical roots of and identify the resolution of the disparity between the Regalian Doctrine and the Native Title Doctrine on Ancestral Land Claims in Baguio City. Specifically, this study sought to answer the following: 1. What are the historical bases for land use and ownership of the State vis-à-vis Ancestral claims of Indigenous peoples in the City of Baguio? 2. What are the areas of disparity between the principles of national patrimony, ancestral domain and the city charter in awarding Certificates of Ancestral Land Titles in Baguio City? 3. What are the effects of these disparities in the process of claiming ancestral lands in Baguio City? 4. What are the possible areas of reconciliation and resolution in the process of claiming ancestral lands in Baguio City? The study employed the qualitative method of research specifically the descriptive method. Among the different types of the descriptive method, the historical method or archival - ethnographic research was used to trace the evolution of the concept of land. Documentary analysis of maps was also utilized to determine the disparities in the process and bases in the national, local and indigenous peoples' view on ancestral domain. Similarly, content analysis was done on various legal sources like Supreme Court Decisions, the City Charter and Comprehensive Zoning and Land Use ordinances/policies of Baguio City, the IPRA law of 1997, Republic Acts and other laws related to the process of ancestral land claiming and actual local cases on ancestral claims. Interviews with guide questions provided a comprehensive discussion on the issue laid out by the research. Focus group discussions with members of Indigenous Peoples' groups and ancestral land claimants were likeWiSe conducted. The following are the major findings of the study: 1. Colonial history has greatly affected the recognition of indigenous rights as the Spanish and American colonial legislation has affirmed the Regalian Doctrine. 2. The absence of a codified Baguio City Charter has gravely affected the process of ancestral land claims as gross misinterpretation and manipulation of the law have hampered the awarding of Ancestral Land Claim Titles in Baguio City. 3. The NCIP (National Commission on Indigenous Peoples) has been plagued by several controversies that have questioned its credibility and authenticity as the agency created to protect the rights of IP's to self-determination. 4. The Ibalois though a shy and timid people have started to express their displeasure at the snail-paced process of granting ancestral land claims and have since become more assertive of their clamor for the recognition of their inherent right to their ancestral lands. In light of the findings of the study, the following are the conclusions: 1. The colonial history of State legislation led to the imposition of the principle of National Patrimony which compromised Indigenous Vested Rights provided by the Mateo Carino Doctrine. 2. The inconsistency of legal interpretation and the cumbersome process of ancestral land claims are the major areas of disparity between the Regalian Doctrine and the Native Title Doctrine. 3. As a result of the disparities between the principles of national patrimony and prior vested rights, the process of Ancestral Land claims has been hampered and compromised thus, further alienating the Ibalois from their lands. The study has arrived at and proposes the following recommendations: 1. To compile and document a comprehensive historical survey generated from personal accounts and genealogical and anthropological sources of the Ibaloi people in Baguio City and publishing such data for public use and information. This can be spearheaded by the Onjon Ni Ivadoy Association, Inc. as it is the recognized People's organization of the Ibalois in Baguio City. Possible coordination with the NCIP is also recommended as well as History and Social Sciences Departments of universities in Baguio, La Trinidad and Benguet so as to be guided in the conduct of research and publication. 2. To facilitate a comprehensive study of the IPRA and its possible amendments to address the vagueness of certain provisions. Among the provisions that may need review include Chapter III, Section 8 on the Right to transfer land /property - to include a provision that if the IP or his heirs for any reason fail to exercise their right of redemption, the Government may redeem the property that was sold 5 years after the expiration of the seller's right to redemption; Chapter VII on the NCIP - to specify grounds that would cause the removal of NCIP officials especially those related to awarding anomalous titles; Chapter VIII on the Delineation and Recognition of Ancestral Land Claims (ALCs) - to clarify and simplify the process of application so as to expedite present claims, specify the details of publication of documents, maps and claims and identify who in the NCIP is in charge of specific functions; and Section 78 exempting Baguio from the coverage of ALCs - to clarify the provision and possibly have an implementing rules and regulations for the same. Consequently, there must be a collaborative dialogue between the local government of Baguio and government agencies which can be made possible through the codification of the Baguio City Charter. The two versions have their individual merits which may be integrated into a more relevant bill. It is significant for the provisions to be clear on the specifications of land use as well as the recognition of ancestral land sites in the city. 3. To include the Ibalois as representatives in consultative bodies not limited to COELs and cultural groups so as to ascertain sustainable development plans integrated in the CLUP of the city. Since the disparities between the doctrines directly affect the process of ancestral land claims in Baguio City and Ibalois comprise the bulk of claimants, their direct participation in the resolution of the disparities is both relevant and significant. 4. To push for the exclusion of the Native Title Doctrine in the application of the Regalian Doctrine by concerted efforts of people's organizations who will lobby for a more distinct and definite delineation of ancestral domains and ancestral lands. This can be supported by a comprehensive historical account of the Ibaloi experience in Baguio City. Among the areas of reconciliation can be: a. The harmonization of the two doctrines - Lands now covered by CALTs and CADTs, or lands for which CALTs and CADTs may in part be issued, should be subjected to reacquisition, in whole, or in part, by the State or local government unit through sale, lease, usufruct, donation or, expropriation. Such reacquisition may be undertaken whenever it deems such land to be vital in the preservation of government reservations or the protection of the environment, or when it considers the land necessary for urban planning and development. b. Inclusion of a provision on the IPRA similar to Sec. 120 of Act no. 41 - so that where the sale by an IP of a land covered by a CALT requires prior approval by the NCIP and no such approval is granted, the sale should be considered void. c. All those ancestral lands that shall be recognized but now covered by reservations and other government uses shall be compensated under the principle of eminent domain this may be a remedy undertaken by the City Council as it includes budgetary allocation for purchase of lands for public purposes. The City Assessor's Office and Land Appraisal Committee will come up with a formulated appraisal value for particular ALs subject to expropriation. d. Adoption of an Ancestral Land Zone in the Comprehensive Land Use Plan of Baguio City. The specific permitted uses may be determined by both the CLUP and the IPRA. e. Incorporation of the ADSDPP of Barangay Happy Hallow into the city's CLUP as a means of recognizing indigenous people's rights and general welfare in an integrated policy. f. Standardization of Monitoring and Evaluating instruments in Ancestral Land Claims with the possible revival of the Baguio Ancestral Land Claims Clearing Committee that could minimize cOnfliCt8 in the ancestral land claiming process. g. Joint Management System as a development strategy for CALTs covered by watershed/forest lands pursuant to national policies. Spearheaded by the DENR and the city council and with consolidation with AL claimants, this serves as a synergy of sustainable development principles so that environmental protection is promoted. h. Enhancement of the Council of Elders via the creation of a Consultative Body of IP's in Baguio City. This may provide for a more direct and relevant participation of the Ibalois in the development plans of Baguio. 5. For further research to be done that may further determine the effects and implications of ancestral land claims on gender and the economic status of the IPs. This came about as an observation of the preponderance of the economic aspect of ancestral land claims and the limited literature on gender disparities. A political and sociological issue becomes more multi-dimensional when gender is integrated as the practices and beliefs of a culture have different implications for men and women. This can be relevant in the discourse of leadership and organization.