New rules proposed for Working-men’s Village to hasten land titling

To facilitate faster, fairer, and lawful land titling for residents of the Working-men’s Village, a proposed ordinance seeks to establish clear procedures and requirements for qualified applicants seeking city-issued clearances or for land disposition.
Principally authored by Councilor Peter Fianza, the proposed ordinance targets lots formerly reserved within the Working-men’s Village under Proclamation No. 358 (1938), now revoked by Proclamation No. 364 (1953). These lots are located in Aurora Hill, Baguio City. Lands that already have official titles (like patents) or awarded lots still occupied by the original awardee are not automatically covered unless required by this ordinance or other applicable laws.
Under the proposed rationalized guidelines, applications for land titling must be formal and written, accompanied by the following supporting documents: a map or plan showing the specific lot; tax declarations or legal documents proving the applicant’s claim; a certificate showing that no taxes are owed; an affidavit for free patent applicants stating what area is being relinquished or excluded from the application, that this excluded portion may be used for city needs, and that access to excluded areas is not denied; a field inspection report recommending approval; and any other supporting documents required by the Department of Environment and Natural Resources (DENR) for titling.
The issuance of clearances or certifications will be based on the completeness of the applicant’s documentation; the land’s reservation status for government use; the presence of pending claims; the land classification at the time of application or construction; and the property’s tax status.
The proposed ordinance states that even if clearances are issued, they may include conditions or observations for DENR’s consideration as final approval rests with the national agency.
Applications may be denied if the lot blocks access to adjacent properties or the area being excluded in a free patent application has no identifiable public use. If an applicant is denied a clearance, they may appeal to the Baguio City Council.
These rationalized guidelines support the awarding of land titles to bona fide and long-time occupants by streamlining the application and clearance process and by ensuring transparency and consistency in the evaluation of land claims. Primarily, they aim to resolve long-standing land tenure issues in the area.
The lands in question cover about 31.8 hectares and were first reserved in 1938 under Proclamation No. 358. Back then, the intention was to provide affordable housing for low-income workers, hence the term “Working-men’s Village.” To manage this, the city council enacted Ordinance 65-1948 which laid down rules for assigning lots and houses within the reserved area.
However, a major legal change came in 1953 when Proclamation No. 364 revoked the original reservation and opened up the land for public disposition under the Public Land Act which allowed the lands to be sold or granted through standard procedures and not just for a specialized housing project.
In 1955, Proclamation No.235 was issued, allowing for direct disposition of these lands without auction. The proclamation recognized that most of the land occupants were low-income earners who would be disadvantaged if forced to acquire the land through public bidding. This direct disposition of lands is allowed under Chapter IX of the Public Land Act, especially in relation to Republic Act (RA) 730 which permits the sale of public residential land directly to qualified applicants.
More recently, RA 10023 (Residential Free Patent Act) offers another mechanism for land titling that benefits long-time occupants of untitled public land.
Despite this development, the city government has continued to use the outdated 1948 ordinance to process land claims in the area. This has created legal and procedural inconsistencies and has slowed down the process for qualified applicants who could otherwise benefit from newer and more efficient laws such as RA 10023.
The proposed ordinance seeks to repeal the older ordinance as it is no longer consistent with the current legal status of the land. Further, it aims to align the city’s procedures with more current laws such as RA 730 and RA 10023 to make the disposition process faster, fairer, and more legally sound.
The proposed ordinance has been approved on second reading and for publication by the city council and will undergo public consultation before it is deliberated for approval on third and final reading. **Jordan G. Habbiling