Ezrah Allysa Ananayo, Sangguniang Kabataan Chairperson of Happy Hallow Barangay and a Baguio-raised ibaloi, expressed objections on House Bill No. 9428, invoking the right of indigenous peoples (IPs) to Free, Prior and Informed Consent (FPIC).
In the public consultation facilitated by the office of Councilor Jose Molintas on January 16, 2024, Ananayo said the house bill which will facilitate the disposition of certain lands, particularly ancestral lands, within the Camp John Hay Reservation poses a direct threat to the preservation of the unique traditions and way of life of the IPs.
“We see the bill as a tool of entities to privatize lands that are supposed to be for public use. As future leaders, we see that this would lessen our resources since there is a big possibility that we will be restricted in the future if we agree on this bill,” Ananayo stated.
Other topics discussed in the public consultation were Republic Act No. 11689 (The Revised Charter of Baguio City) which was strongly opposed by former and current members of the Baguio City Council and House Bill No. 8508 which seeks to strengthen the Bases Conversion and Development Authority (BCDA). These legislations, all filed by Congressman Marquez Go, are intertwined on a number of issues that are constantly raised by city officials.
The public consultation attended by more than 350 Baguio residents sought to inform the public about the potential implications of House Bill No. 9428 when passed into law. Also present during the public consultation were Vice Mayor Faustino Olowan, Councilors Peter Fianza, Isabelo Cosalan Jr., Arthur Allad-iw, Baguio IPMR Maximo Edwin Jr., and Sangguniang Kabataan Federation President John Rhey Mananeng, who all called on Go to espouse public participation in the legislation process.
House Bill No. 9428 seeks to declare certain parcels of land within the Camp John Hay Reservation as Alienable and Disposable to be sold to qualified applicants.
The bill specifies the portions of land for disposition. These areas are within various barangays like Greenwater Village, Sta. Scholastica, Hillside, Lower Dagsian, Upper Dagsian, Camp 7, Loakan Liwanag, Loakan-Apugan, Loakan-Proper, Happy Hallow, Country Club, and Lucnab.
The house bill, just like the Revised City Charter, was met with strong opposition by some city officials and a number of Baguio constituents.
Ananayo said the youth leaders are willing to rally behind their elders, barangay officials, and city officials “ for a better IP community, a better Baguio, and a better future for the youth.”
“Our ancestral lands are intrinsically linked to our cultural heritage and identity. We believe that we have the right to Free and Prior Informed Consent regarding our ancestral lands,” Ananayo expressed.
Free and Prior Informed Consent (FPIC) refers to the recognition and protection of the IPs’ rights in their ancestral domains. The formal FPIC process facilitated by the National Commission on Indigenous Peoples (NCIP) is provided under the Indigenous Peoples’ Rights Act (IPRA) of 1997.
Other participants in the public consultation from IP communities within the affected barangays also expressed opposition to the contentious bill, claiming it will threaten their ancestral land claims over parcels of land in open spaces.
This fear stemmed from the provisions of the house bill emphasizing that forest areas and certain public lands under existing proclamations will not be disposed of and will remain under the care of the BCDA and John Hay Management Corporation (JHMC).
“What will happen to our family’s garden, backyards, and other portions of open spaces that are part of our ancestral land claims?” A participant asked, fearing they will lose these portions of their ancestral lands to BCDA once the house bill is passed into law.
Among the hundreds of ancestral land claims in the city which were processed by the NCIP, a number of them are within the Camp John Hay Reservation. Happy Hallow, one of the 13 barangays proposed for segregation from the BCDA’s territorial jurisdiction, was issued a Certificate of Ancestral Domain Title (CADT) in 2006 by the NCIP.
However, a BCDA official said during one of the regular sessions of the city council in 2021 that the national agency does not recognize ancestral land titles within Camp John Hay and asserted that it has administrative and proprietary rights over the lands within former military bases in the country including Camp John Hay by virtue of RA No. 7227 (Bases Conversion and Development Act of 1992). It can be remembered that the BCDA asked the courts to nullify Happy Hallow’s CADT and other ancestral land titles within its jurisdiction. The case is still pending before the supreme court.
“As future leaders, we want our elders to have a victorious rest after decades of fighting for the segregation of our barangays and for the recognition of our ancestral land rights. Our elders want nothing but to secure these ancestral lands for the future generations,” Ananayo exclaimed in lingua franca Iloko.
The systematic loss of lands and land rights of the IPs, according to Councilor Molintas who is an ibaloi, has been a continuous trend for more than a century ever since Baguio City was chartered in 1909, posing significant threats to their cultural heritage and overall well-being.
‘House Bill benefits BCDA more than Baguio City’
Some members of the Baguio City Council assailed House Bill No. 9428, claiming it is “oppressive” to Baguio City but “beneficial” to the BCDA as it will give the agency leverage to legally sell and claim lands.
Councilors Molintas and Fianza explained that, under the house bill, occupied areas by residents within the affected barangays will be declared as alienable and disposable to be sold to the occupants and the proceeds will go to BCDA; whereas the forested areas and other open spaces will remain under the jurisdiction of BCDA.
According to the councilors, this goes against the very essence of the 19 conditionalities set by the city government in the formulation of the Master Development Plan for Camp John Hay to be complied with by BCDA. One of the conditions was the segregation of the 13 barangays from Camp John Hay.
Molintas stressed that the house bill does not intend to “exclude” or segregate these areas as understood by some people but merely seeks to empower BCDA to reclassify these lands into saleable properties for its financial gain.
Meanwhile, Fianza said the bill would only apply to the 12 barangay since Scout Barrio, as perceived by the proponent, is already segregated. However, Fianza clarified that the segregation process for Scout Barrio was not complete as only the occupied areas were transferred to the residents but the rest of the area remains unsegregated. It seems that the segregation model to be used for the 12 barangays under the house bill is the Scout Barrio model which is not ideal, Fianza explained.
Barangay officials who attended the public consultation also lamented the restrictions imposed by BCDA and the Camp John Hay Management which hamper them from conducting activities, implementing barangay projects, and introducing developments.
Through various legislation, the city government has been pushing for the segregation of these 13 barangays from Camp John Hay for decades in hopes that this move will remove the control and interference of BCDA and Camp John Hay Management over these segregated areas.
In a position paper submitted to the House of Representatives Committee on Natural Resources in December 2023, the city council members stated there is a need to carefully study the house bill. Through this position paper, the city council called for consultations with these affected communities in order to arrive at a more prudent decision.
In a recent interview with Balitang Northern Luzon, Congressman Go said he is open for recommendations on the house bill, stressing that the position paper of the city council will be incorporated into the revised version.**Jordan G. Habbiling
