North Luzon Monitor

North Luzon

It’s a win for Ibaloy’s – IPMR Edwin

There is a silver lining for ancestral land claims in Baguio City.

In a Supreme Court (SC) decision, Indigenous Peoples Mandatory Representative (IPMR), Councilor Maximo Edwin Jr. won back 11 hectares of land in Pinsao owned by his family.

Edwin said “This is proof that there is ancestral land in Baguio City, because this is Certificate of Ancestral Land Title 1-2-3-4 and it dispels the notion that Section 78 of the Indigenous Peoples’ Rights Act (IPRA) Act has made,” adding the law made to protect IPs has proven to detrimental to those with land claims.

The contested section of the IPRA states “the City of Baguio shall remain to be governed by its Charter, and all lands proclaimed as part of its townsite reservation shall remain as such until otherwise reclassified by appropriate legislation,” in turn, negating ancestral land claims of the Baguio IP community.

Edwin said “Since the Mateo Carino decision in 1909, ito na ang pangalawang landmark case decision dito para sa mga Ibaloy, hopefully wala nasa magsasabi na wala na ancestral land dito sa baguio, na hindi tayo nasasakop ng NCIP, hindi tayo nasasakop ng IPRA dahil nga sa Section 78.”

On May 20, 2024, the SC with finality denied the motion of Gabriel Diclas; Antonia Dianson; Carlos Ansis; Joseph Soypaan; Corazon Soypaan; Rita Biador; Merto Saldet; Imelda Ingosan; Myrna Basanes; Grace Solano; Marcelo Catanes; Valentino Sec-open; Dixson Anches; Carlos Anches, Jr.; and Francis Que, Jr. claiming the ancestral land of Edwin’s father, the case dragged in the courts for almost two decades, leaving the IPMR to continue the case after the death of his father.

The petitioners filed a motion for reconsideration January this year, after the lower courts, upheld the ancestral land claims of the Edwin’s clan.

Teresita Aquino Tuazon, the division clerk of court stated in the decision “’Acting on the petitioner’s motion for reconsideration of the Decision dated January 16, 2023 which denied the petition review on certiorari, the court further resolves to Deny, the motion with Finality.”

Areas like Camp John hay, the Philippine Military Academy and Navy Base remain to be areas which the Ibaloy’s have ongoing ancestral land claims.

Edwin said “Winning this case proves that there is ancestral land, this will give hope to my fellow Ibaloys that they too can win their land back,” adding the family will now face the task of reclaiming the area as there are structures illegally built, which can now be removed backed by the SC decision.

Mateo Cariño, was an Ibaloi chieftain, who owned large parcels of land before the coming of the Americans in the early years of the now Summer Capital.

The Mateo Cariño Doctrine, is celebrated court decision which sided with the chieftain when he contested the American colonial government’s takeover of his land, the landmark case paved the way for the creation of the IPRA, aimed to protect IPs and their land.  Maria Elena Catajan 

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