City officials and heads of city government offices discussed the confusion arising from a conflicting policy related to townsite sales applications (TSAs) and building permits.
During the regular session of the Baguio City Council on January 20, 2025, Councilor Fred Bagbagen said that the practice of allowing improvements before securing building permits should be stopped to avoid further conflicts and demolition cases.
Bagbagen explained that a requirement for applicants to introduce “improvements” as part of their TSAs had often led applicants to interpret “improvements” as permission to construct houses or buildings. He claimed this had resulted in houses or structures being built without building permits and created challenges for the City Buildings and Architecture Office (CBAO) in enforcing the National Building Code or Republic Act No. 6541.
Bagbagen criticized the lack of a clear definition for “improvement” in TSA policies, asserting that it creates enforcement issues when these structures are later found to lack building permits. He appealed to the Department of Environment and Natural Resources (DENR) to stop allowing improvements during TSA processing before permits acquisition, stressing that this practice compromises safety requirements.
A TSA is a process by which individuals or entities can apply to purchase or acquire public land within a town site reservation area. Public lands in Baguio are disposed of primarily through TSA since the city is considered a townsite reservation. To acquire land through TSA, it must first be classified as alienable and disposable. Applications are filed with the DENR. Applicants must undergo a thorough process including land surveys, submission of supporting documents, and compliance with zoning and land use regulations.
However, Maria Dolores Balagat of the DENR-Cordillera clarified that while the TSA application form mentions introducing improvements, this is not a strict requirement. She said in the past, provisional permits were issued to allow improvements, but this has been discontinued.
“A TSA is still subject to public bidding, so improvements should ideally not be made before the process concludes,” Balagat stated.
Meanwhile, City Legal Officer Althea Alberto and CBAO Representative Homer Soriano clarified that while notices of violation are issued for ongoing construction violations under the National Building Code, demolition orders cannot be issued for structures under TSA unless they overlap with safeguarded lands.
Alberto added that applicants with an “Order of Award” can apply for building permits even without a title as long as they follow the necessary inspection and approval procedures and that they submit an undertaking to complete the building permit process once they secure their land titles.
In the same dialogue, members of the Baguio City Council urged the fast-tracking of the titling process and the processing of TSAs, noting the lengthy and cumbersome procedures as well as the backlog of applications, some of which have been pending for over 20 years.
The discussion shifted to another related topic: the issuance of notices of violation in relation to the National Building Code.
Vice Mayor Faustino Olowan pointed out that 80% of land in Baguio City is untitled which prevents residents from obtaining building permits, identifying systemic issues such as delays in the application process due to overlapping claims and bureaucratic inefficiencies at the DENR.
On the other hand, Balagat explained that the processing of land-related documents is prolonged due to the need for multiple office approvals, hearings, and conflict resolution.
Soriano reported that nearly 2,400 notices of violation were issued in 2023, 50% of which had resulted in payment of a P10,000 penalty. However, no demolitions had been carried out. He explained that the imposition of penalties for unregistered properties had stopped, but violators are still advised not to continue construction or expand structures while they work on perfecting their land titles. However, no strict timeline is given for compliance, given the lengthy process of titling.
Alberto explained that the issuance of notices of violation and imposition of penalties are mandated by law, and the CBAO cannot suspend these actions without risking legal repercussions, especially when complaints are received by the office. She added that failing to act could expose the office to accusations of nonfeasance.
Councilor Mylen Victoria Yaranon raised a question about whether notices of violation should be issued for unregistered lands. In response, Soriano explained that such notices should be issued in accordance with the provisions of the National Building Code. Alberto added that the City Building and Architecture Office (CBAO) does not have the discretion to stop issuing notices, as the law mandates their issuance. She emphasized that the building code requires these notices to be issued, regardless of the land’s title status.
(A closer look at the National Building Code shows that it does not specifically say building permits are only needed for titled lots. Section 301 clearly states that a permit is required for any construction, alteration, repair, or demolition of a building or structure. It doesn’t limit this to titled land but rather applies to any construction activity.)
The city council referred this particular discussion to the Committee on Laws, Human Rights, and Justice for further review.** Jordan G. Habbiling