An Ibaloi clan who owns a vast track of land that is claimed by a developer has filed administrative and criminal charges against four Lands Management Bureau of the Department of Environment and Natural Resources – Cordillera officials before the Office of the Ombudsman.
The descendants of Tunged who claim some 100 hectares of land along Asin Road at the junction of Baguio and Tuba has filed the cases of the “four erring” DENR personnel with Ombudsman Conchita Carpio Morales and where they asked her office that it conduct a thorough investigation on the matter.
In a six page affidavit-complaint, received by the Ombudsman on Dec. 19 last year, that included an almost a thick inch supporting documents proving their “ownership” of the disputed land, clan representative Rosita Yaris Liwan filed complaints against Abner Shontogan, Davis Siao, Antero Mappang and Benjamin Ventura for violation of the anti-graft corrupt practices act.
In said plaint, Liwan, again reiterated the claim on a property owned by their late grandfather Tunged, son of Yaris and Sabot, who were among the original settlers of the city, quoting findings by the National Commission on Indigenous Peoples.
Liwan said that they came to the land through inheritance “following customary traditions of the Ibaloi people.”
Her plaint said that among the acts that showed Tunged’s ownership of the land include among others use of the land to raise cattle, horses and pigs for domestic consumption as well as for raising crops. His ownership, she claimed had been investigated and verified by the NCIP.
In 1921, Tunged also declared ownership of the land when he began paying taxes for the same.
In 1924, the lot was surveyed by Jose Castro, a geodetic engineer, who submitted same surveys to the Bureau of Lands, duplicate copies were secured by Liwan from the bureau’s archives.
Said land was also recognized by two of Tunged’s more recognized neighbors, Sioco Carino and Wakat Suello, who became head of the Baguio Rancheria and Benguet governor, respectively.
In affidavits executed by both, it said: “Located in the municipal district of Tuba, bounded on the North by the property of Sioco Carino, on the east by Municipal Property; on the South by a Creek and West by Public Land.”
They added that “his (Tunged’s) possession was never disturbed, questioned and challenged.”
In 1960, a petitiojn for reopening of judicial proceedings filed by the Heirs of Sioco Carino, said heirs recognized Tunged’s property when they “clearly stated that Tunged is the owner of the land Southwest of Sioco Carino’s land.”
The petition would confirm also the survey plan Castro has plotted nearly 40 years earlier.
In the 1970s, Liwan and her relatives were driven out of the said property by then President Ferdinand Marcos who made a resort and golf course there.
They were able to return only after the late Strongman’s fall in 1986 following the EDSA People Power I where they started to till the land and raise livestocks.
However, in the mid-1990s, Sta. Lucia came in after purchasing the Puyat Farm which was once the Carino property and started putting a posh subdivision and a par 71 golf course. Again, Tunged’s heirs were forced out of their property.
The plaint added: “However, the Sta. Lucia Realty and Dev. Inc. & Baguio Properties, Inc. filed a case for forcible entry against us, the Heirs of Tunged with the Municipal Trial Court in Cities of the City of Baguio.”
A special demolition order was then issued by the court against them but the heirs prayed for “the conduct of relocation survey prior to the actual implementation of the Writ of Demolition and that the relocation survey will be conducted based on the land title of the plaintiff which was presented in court.”
The joint relocation survey was supposed to be conducted by representatives of the heirs and Sta. Lucia in the presence of DENR surveyors. But instead, the heirs conducted their own survey, while Sta. Lucia had its own surveyor in plotting out the metes and bounds of its property.
“However, instead of a joint relocation survey as agreed upon, it was only our Geodetic Engineer, Engr. Romulo Antonio who conducted an actual Relocation Survey, albeit in the presence of DENR representatives, who are the respondents in this case,” the complaint further stated.
In Dec 28, 2015, Antonio submitted his findings to DENR – CAR assistant regional director for technical services Augusto Lagon through Ventura, one of the respondents, who is chief of the surveys division. That raised the hopes of Liwan and relatives that there will be no more demolition issued against them.
In April 26, 2016, sheriff Delfin Ariaga petitioned with the court to grant the demolition order after Ventura in April 19, informed him that his office “has no objection to the implementation of the Writ of Demolition adopting as reference the Survey Plan as prepared by Eng’r Domindaor Santos and approved by the DENR.”
Santos is Sta. Lucia’s surveyor.
Ventura based his conclusion from the recommendation of his office’s representatives, Shontogan, Siao and Mappang, who said in their report “that the established corners, boundaries of the properties of the Plaintiffs specifically Pcs-131102 conforms with their metes and bounds and area appearing on their titles.”
The three, however, thumbed down Antonio’s findings that “it contradicts the findings of the two created survey commissioners submitted to the Honorable Regional Trial Court Branches 10 and 8.
Ariaga said in May last year, that he will implement the order, since it “was so ordered by the court. It is just but my duty to comply.”
Liwan said that they will continue to seek for a favorable ruling.**Pigeon Lobien
