The Baguio City officials are lobbying in the Senate to delete Section 55 of Republic Act No. 11689 or the Revised Charter of the City of Baguio.
Section 55 of the Revised City Charter states, among others, that the Camp John Hay Reservation spans a land area of 6,254,105 square meters.
Vice Mayor Faustino Olowan, along with several members of the Baguio City Council, participated in the hearing of the Senate’s Committee on Local Government chaired by Senator Joseph Victor Ejercito on May 14, 2024.
Representing Mayor Benjamin Magalong, Olowan conveyed the position of the city government regarding Congressman Marquez Go’s House Bill No. 7406 which proposes amendments to certain sections of the Revised City Charter.
The city government proposes that this section be deleted because this detailed reference to the land area of Camp John Hay Reservation is “superfluous” and could create complications in the future.
According to the city government, RA No. 7227 specifically defines the land area of the John Hay Air Station as 570 hectares. The station was transferred to the BCDA and was renamed as Club John Hay through Proclamation No. 198 of 1993. Subsequent proclamations created the John Hay Special Economic Zone with a specific land area of 288.1 hectares out of the total 677 hectares of Camp John Hay. Another proclamation excluded an area of 21,115 square meters from the John Hay Economic Zone for use by the National Food Authority.
Based on these legal references and observed discrepancy in land area declarations, the city government claims that this provision binds the city to recognize specific metes and bounds of Camp John Hay which are subject to change through subsequent laws or proclamations, as has been done in the past.
According to the city government, this is contradictory to the overall goals of creating a dynamic yet sustainable city charter for Baguio City that can adapt to the changing needs of the city’s residents as it restricts the city to the specific land boundaries of Camp John Hay, which may be altered by future laws and proclamations.
The city government argues that the administration and management of Camp John Hay are already detailed in RA 7227 and subsequent proclamations, making the reference to its land area in the Revised City Charter redundant and unnecessary.
The city government further asserts that singling out Camp John Hay in the city charter could create an impression of undue advantage for this area compared to others that are no longer part of the Baguio Townsite Reservation and are administered by different government agencies such as the Department of Environment and Natural Resources (DENR), Department of National Defense (DND), and Department of Agriculture (DA), which are not specifically mentioned in the charter despite also having district land management arrangements.
The city government also provides comments on the other proposed amendments to the Revised City Charter contained in HB No. 7406.
The city government expresses no objection on the proposed removal of a portion of Section 23 which requires the transmittal of approved ordinances of the Sangguniang Panlungsod ng Baguio to the Sangguniang Panlalawigan ng Benguet as this provision was included carelessly and “inadvertently” which was also admitted by Go himself during the Senate hearing.
On the proposed amendment to Section 50 regarding land disposition, the city government considers it unnecessary as existing laws already govern transactions related to the disposal of land, such as Commonwealth Act No. 141 and RA No. 10023. However, it supports a specific proposed amendment which emphasizes that townsite sales applications (TSAs) must be cleared and approved jointly by the DENR and the city government and that townsite and miscellaneous sales will accrue to the city government, with a portion allocated to DENR for operating expenses.
On the proposed amendment to Section 52 concerning the composition of a Special Committee on Lands, the city government calls for a review of the wording and style of this proposed provision as the current wording suggests the Special Committee on Lands would have four chairpersons (City Mayor, City Vice Mayor or Committee on Urban Planning, Lands, and Housing, DENR as co-chair, and national Commission on Indigenous Peoples as vice-chair) which could lead to confusion.
The city government further urges for a more structured and practical composition of the Special Committee on Lands to ensure transparent and effective deliberation. Likewise, it suggests revising the provision to clarify that Camp John Hay should be included as a member only for lands within its reservation and not as vice-chair.
Raising another matter separate from the proposed amendments, the city government also expresses concern on the provision of the Revised City Charter mandating the creation of additional departments, leading to possible non-compliance with the 45% ceiling for Personal Services (PS) limitation on local government budgets. The city government argues that this situation may create difficulties in implementing the mandated positions without violating the Local Government Code and local budget circulars issued by the Department of Budget and Management.
During the Senate hearing, Councilor Arthur Allad-iw pointed out that there was insufficient public consultation before the passage of the Revised City Charter which led to numerous land problems remaining unaddressed, especially concerning ancestral land disputes and untitled lands.He urged Senator Ejercito to visit Baguio City and engage directly with the people to gain firsthand insight into these problems through public consultations.
Councilor Leandro Yangot raised several pressing land issues during the discussion. These included the lack of recognition by the BCDA for Ancestral Land Titles (CALTs) and Certificates of Ancestral Domain Titles (CADTs) issued by the National Commission on Indigenous Peoples (NCIP) within the Camp John Hay Reservation, and the 211 unvalidated titles. He emphasized that these issues demand attention in the review of the Revised City Charter.
Advocating for the passage of his amendatory bill, Congressman Go suggested that the concerns raised by Baguio City officials could be addressed in alternative forums, potentially leading to the filing of separate bills.
Following the various input from the invited guests, Senator Ejercito announced that a technical working group will be formed to thoroughly examine these varied positions. **Jordan G. Habbiling