Ancestral Land Claims in Baguio City: CALCs Are Not Proof of Ownership

The Supreme Court has ruled that a Certificate of Ancestral Land Claim (CALC) does not, by itself, prove ownership of land in Baguio City. In Heirs of Aida Pineda v. Office of the President (G.R. No. 223808, April 26, 2023), the Court affirmed the recall of CALCs issued over a Baguio City lot, clarifying the limits of such certificates and the governing rules for land claims in the Summer Capital.

The Case: A Disputed Claim in Loakan

In 1991, Aida Pineda applied for an ancestral land claim over a 49,645-square-meter property in Loakan, Baguio City. The application was filed under Department of Environment and Natural Resources (DENR) Special Order No. 31, series of 1990, which created a task force to receive and process ancestral land claims in the Cordillera Administrative Region.

In 1993, the DENR issued four CALCs in Pineda's favor covering 61,673 square meters — notably larger than the area she originally applied for.

Meanwhile, the Heirs of Teofilo Pilando, Sr. claimed a prior right to the property. They traced their claim to Pilando, a Kankanaey tribe member who purchased the land from an Ibaloi tribesman in the 1950s, had it surveyed in 1966, and declared it for tax purposes since 1967.

The DENR ordered the recall of Pineda's CALCs in 2007, a ruling affirmed by the Office of the President and the Court of Appeals. Pineda's heirs appealed to the Supreme Court.

Baguio City and the IPRA: A Special Arrangement

The central legal question was the effect of Republic Act No. 8371, or the Indigenous Peoples' Rights Act (IPRA) of 1997, on land claims in Baguio City.

Section 78 of the IPRA contains a special provision: Baguio City "shall remain to be governed by its Charter," and lands proclaimed as part of its townsite reservation shall remain as such unless reclassified by legislation. However, the same provision recognizes that "prior land rights and titles recognized and/or acquired through any judicial, administrative or other processes before the effectivity of this Act shall remain valid."

The Court explained that while the IPRA generally does not authorize the issuance of ancestral land titles within Baguio City, Section 78 recognizes two exceptions: (1) prior land rights and titles acquired through judicial, administrative, or other processes before the IPRA's effectivity, and (2) territories that became part of Baguio after the IPRA took effect.

CALCs Are Not Titles

The petitioners anchored their claim on the CALCs issued in 1993. The Court rejected this argument, citing prior rulings that a CALC holder possesses limited rights — essentially, the right to peacefully occupy and cultivate the land — but not the rights of an owner.

The Court noted that the CALCs were issued in anticipation of the IPRA's passage, and the task force that recommended them was merely preparing paperwork so titles could be issued once the enabling law was enacted. The CALCs were not conclusive titles, and the petitioners needed to convert them into Certificates of Ancestral Land Title under guidelines issued by the National Commission on Indigenous Peoples. They failed to do so.

No Prior Recognized Right

The Court also found that the petitioners failed to establish that their rights were validly recognized in any administrative or judicial proceeding before the IPRA's effectivity — a requirement under Section 78.

Citing Republic v. National Commission on Indigenous Peoples, the Court explained the historical context: when the Baguio Townsite Reservation was established, land claimants were required to file registration claims within a specified period. Those who failed to do so were barred forever. The petitioners did not show that their predecessors filed such claims or that the lots were recognized as ancestral land.

The Court also flagged a suspicious detail: the CALCs covered 61,673 square meters, yet Pineda applied for only 49,645 square meters. The Court noted that this discrepancy raised concerns about the validity of the expanded coverage.

Practical Takeaways

• A CALC is not a title. It grants only limited rights to occupy and cultivate land, not ownership. Holders must convert CALCs to Certificates of Ancestral Land Title through the proper process.
• Baguio City is special. Under Section 78 of the IPRA, the city remains governed by its charter. New ancestral land titles generally cannot be issued over properties within the townsite reservation.
• Prior rights must be proven. To claim the benefit of Section 78's exception, claimants must show that their rights were recognized through judicial, administrative, or other processes before the IPRA took effect in 1997.
• Timing matters. Land claims in Baguio have a long history, including registration deadlines under the Land Registration Act. Failure to file claims within prescribed periods can bar rights forever.
• Inconsistencies are red flags. Discrepancies between the area applied for and the area covered by issued certificates can undermine a claim.

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