Ancestral Land Rights in Baguio City: IPRA, Townsite Reservations, and the Cariño Doctrine

The Supreme Court's 2023 decision in Republic v. National Commission on Indigenous Peoples settles a critical question for property owners and indigenous communities in Baguio City: does the Indigenous Peoples' Rights Act (IPRA) apply within the city's townsite and forest reservations? The Court ruled that while IPRA exempts Baguio City from issuing ancestral titles, the doctrine from Cariño v. Insular Government—recognizing native title over lands possessed since time immemorial—remains good law.

The Dispute Over the Carantes Claim

The case began in 1990 when the heirs of Lauro Carantes, members of the Ibaloi indigenous community, filed an ancestral claim over five parcels of land in Baguio City totaling 254,600 square meters. They alleged that their family had held the land since 1380, tracing their lineage to Mateo Carantes, a cousin of Mateo Cariño. In 1924, the family was driven out when the area was declared the Forbes I and II reservations under Proclamation No. 10.

The claim was later transferred to the National Commission on Indigenous Peoples (NCIP) under IPRA. In 2008, the NCIP granted the application and ordered the issuance of Certificates of Ancestral Land Titles (CALTs) to the heirs. The Land Registration Authority subsequently issued Transfer Certificates of Title based on these CALTs.

The Republic, through the Office of the Solicitor General, challenged the issuance, arguing that Baguio City is exempt from IPRA under Section 78 and that the NCIP lacked jurisdiction over lands within the townsite and forest reservations. The Court of Appeals dismissed the petition on procedural grounds, prompting the Republic to elevate the case to the Supreme Court.

Section 78 and the Baguio Exemption

The central legal question was whether Section 78 of IPRA exempts Baguio City from the law's coverage. The provision states that Baguio City shall be governed by its charter and its townsite reservation status. The Supreme Court ruled that the text of Section 78 is categorical: Baguio City is exempt from IPRA's coverage, and no ancestral title under IPRA may be issued to claimants within the city.

This holding clarifies that the NCIP exceeded its jurisdiction when it issued CALTs to the Carantes heirs. The lands in question, having been declared part of the Baguio Townsite Reservation and the Forbes Forest Reservation, fall outside IPRA's scope. The Court emphasized that the exemption is not a mere acknowledgment of existing rights but a deliberate legislative choice to subject Baguio City to its own charter and reservation rules.

The Cariño Doctrine Survives

Despite the exemption, the Court was careful to preserve the doctrine established in Cariño v. Insular Government. That 1909 case recognized that indigenous peoples who occupied and possessed lands since time immemorial hold a true right of ownership—not merely an inchoate or provisional right. This native title exists independently of any statutory grant.

The Court explained that IPRA does not overturn Cariño. While Baguio City is exempt from IPRA's administrative mechanisms for issuing CALTs, the underlying principle of native title remains part of Philippine law. This means that indigenous claimants in Baguio City are not without recourse; they may still assert their rights through other legal avenues, including judicial recognition of their native title.

Procedural and Practical Implications

The decision also addressed procedural issues. The Court reiterated that applications for ancestral land titles are proceedings in rem, meaning they bind the whole world. However, due process still requires that parties with interests in the land be notified and given an opportunity to be heard. The Republic's failure to participate in the NCIP proceedings did not render the decision void, but it did not cure the NCIP's lack of jurisdiction over the subject matter.

The Court also noted that the conversion of CALTs into Torrens titles is not automatically authorized. There is no law allowing the direct conversion of ancestral titles into certificates of title under the Torrens system. This creates practical complications for any party holding a CALT within Baguio City.

Practical takeaways

• Baguio City is exempt from IPRA's ancestral title system. The NCIP cannot issue CALTs for lands within the Baguio Townsite Reservation or the Forbes Forest Reservation.
• The Cariño doctrine remains intact. Indigenous communities in Baguio City may still assert native title over lands they have possessed since time immemorial, but through judicial action rather than NCIP administrative proceedings.
• Government reservations are protected. Lands declared as forest reservations or townsite reservations are generally not alienable or disposable, absent legislative reclassification.
• Due process applies even in in rem proceedings. Parties with interests in the land must be notified and given an opportunity to be heard.
• CALTs do not automatically convert to Torrens titles. Holders of ancestral titles cannot simply register them as ordinary certificates of title without proper legal basis.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.