BAGUIO CITY– On February 23, 1909, 116 years ago today, the US Supreme Court ruled in favor of Mateo Cariño, an Ibaloy from Baguio, who challenged the expropriation of his family’s land in Camp John Hay by the American colonial government.
This landmark decision by the US Supreme Court on the case of Cariño vs. the American Insular government of Philippines Islands, is the foundation of the Doctrine of Native Title, a principle affirming that indigenous peoples have prior private rights over their ancestral lands originating since pre-colonial times, even without the issuance of formal titles by the government.
Ironically, Baguio City – the very place where the Native Title Doctrine, the backbone of the Indigenous Peoples Rights Act (IPRA) originated – is being excluded from the application of ancestral land claims, based on recent Philippine Supreme Court decisions.
Mateo Cariño, Ibaloy landowner, who won his case vs. the Insular Government of the Philippine Islands in 1909, laying the legal basis for the Doctrine of Native Title. photo credit: University of Michigan, The Dean C. Worcester Photographic Collection
A stolen historical heritage
According to Joanna Cariño, a descendant of Mateo Cariño, the decision of the US Supreme Court recognizing native title was a victory merely on paper. The landmark decision did not mean the return of the land to Mateo Cariño, nor did it stop the confiscation and expropriation of Ibaloy lands by the American colonial government.
Just six months after the US Supreme Court decision, on August 9, 1909, the Philippine Commission enacted Act No. 1963 declaring Baguio as a chartered city and expropriating Ibaloy ancestral lands for the State. This law took effect on September 1, 1909, Baguio City’s foundation day, which is now celebrated every year in the city.
Earlier in 1907, the American Colonial government proclaimed Baguio City as a townsite reservation, meaning that all lands within the townsite are “alienable and disposable” and can be sold.
Cariño stressed that from the beginning, the declaration of Baguio as a chartered city, institutionalized the land grabbing and systematic dispossession of the Ibaloy’s ancestral land. She said that Ibaloys lost possession of their lands through laws enacted by the American colonial government that were later passed and adopted by the Philippine government.
Present-day Camp John Hay, formerly pastureland for cattle of the Ibaloy people before the American colonial period. photo credit: PIKP
Continued denial of ancestral land rights
The Indigenous Peoples Rights Act (IPRA) was enacted purposely to uphold indigenous peoples rights to their ancestral lands, safeguard their cultural heritage, and ensure their inclusion in national development.
However, according to Councilor Jose Molintas, an Ibaloy human rights lawyer, Section 78 of the IPRA undermines the very spirit of the law. Section 78 explicitly states that Baguio City is governed by its charter and that lands within its townsite reservation remain under this classification unless reclassified by legislation. This provision perpetuates the historical injustice experienced by indigenous peoples that they continue to struggle against.
This clause was also cited repeatedly in three recent Supreme Court rulings that voided Certificate of Ancestral Land Titles (CALT) issued by the National Commission on Indigenous Peoples (NCIP) in Baguio City. The Supreme Court cancelled CALTs issued to the heirs of Cohen Piraso and Josephine Abanag on September 25,2019; heirs of Aida Pineda on April 26, 2023 and heirs of Lauro Carantes on July 11, 2024.
These Supreme Court rulings prompted the National Commission on Indigenous Peoples (NCIP), through En Banc Resolution 2024-09-04-027, to issue an advisory stopping the processing of ancestral land claims that fall within the Baguio Townsite Reservation. The said En Banc Resolution, approved on April 8, 2024, also mentioned that the NCIP will continue to process ancestral land titles to claims that fall within areas already delineated from the Baguio townsite reservation, and areas that became part of the city after the effectivity of IPRA. The agency will also continue to process claims included among the 48 United Igorot Claims recognized under Proclamation No. 638 and those included in the additional 285 Igorot Claims recommended by the committee investigating native land claims in Baguio during the term of President Ramon Magsaysay. The agency will also continue to process untitled ancestral land claims previously recognized by judicial courts.
Reforming the laws
To address the perennial issues plaguing ancestral land claims in Baguio, the City Council and NCIP Commission En Banc, in a joint session held on January 14, 2025 at the Baguio Convention Center, agreed to draft a resolution urging Congress to repeal Section 78 of IPRA. They also decided to propose a resolution requesting the President to restore budget cuts to the NCIP.
Additionally, a technical working group (TWG) will be formed, consisting of representatives from the city government, NCIP, Department of Environment and Natural Resources (DENR), other government agencies, including ancestral land claimants, to develop recommendations to address the land issues in Baguio.
Councilor Molintas reiterated that Section 78 has become the biggest obstacle for Baguio ancestral land claimants. He said that it discriminates against Baguio Ibaloys, which runs counter to indigenous peoples rights, which the IPRA is supposed to uphold.
Joint meeting of the Baguio City Council and the National Commission on Indigenous Peoples at the Baguio Convention Center, January 14, 2025. photo credit: Baguio City Sangguniang Panlungsod
Aside from urging for the repeal of Section 78, Councilor Isabelo Cosalan, an Ibaloy engineer, outlined several steps that the city government could take to support Baguio ancestral land claimants. He suggested that the city government actively assist in documenting and preserving evidence while ensuring that land records are transparent and accessible. He also emphasized the need to establish culturally sensitive mediation and conflict resolution mechanisms.
Councilor Peter Fianza, another Ibaloy lawyer and former city administrator, however, said that repealing Section 78 is more difficult and might revive constitutionality issues raised against the IPRA. He recalled that on September 28, 1998, former Justice Isagani Cruz filed a case challenging the constitutionality of IPRA before the Supreme Court arguing that it violated constitutional provisions establishing State ownership over natural resources. The Supreme Court dismissed this petition on December 6, 2000.
Councilor Fianza said that amending the City Charter would be a better option. He said that since the Supreme Court decisions on ancestral land claims in Baguio affirm that the City Charter governs the city, it would be better to amend the charter to include provisions recognizing ancestral land claims and indigenous land rights.
According to Fianza, there is an urgent need to address the land issues in Baguio as it is crucial to the city’s development. He also suggested creating a city land office to study and reconcile all land laws and develop a comprehensive solution to the city’s land problem.
Addressing historical injustice
According to Joanna Cariño, rectifying the historical injustice suffered by the Ibaloys is long overdue. She, however, said that rectification does not mean returning all the ancestral lands to the Ibaloys. She recognizes that a historical process of more than a century has already passed and has transformed their ancestral lands into a metropolis. She said that rectifying the historical deprivation of ancestral land rights suffered by the Baguio Ibaloys could be achieved through indemnification. She further said that the land rights of non-Ibaloys who have settled in the city through the years should also be recognized and taken into account. She pointed out the urgent need to study competing land claims within the city and to settle land conflicts harmoniously.
By: Kimberlie Ngabit-Quitasol
Partners for Indigenous Knowledge Philippines (PIKP)
February 23, 2025