Saint Louis University’s fencing on land under Proclamation No. 1121-1974 has sparked several concerns among nearby residents.
During a forum with the Baguio City Council on November 4, 2024, Gibraltar Barangay Captain Nemesio Huag outlined four reasons for opposing the fencing which is now about 50% complete.
First, according to Huag, the fencing has encroached on half of the barangay’s covered basketball court which is a concern for the community. Also, the fencing affects a bypass road proposed by the barangay in 2023. The proposed bypass road would connect to the Ambuclao National Road as the basketball court is at a deadend.
Furthermore, Residents of Purok 1 and Purok 2 in Gibraltar Barangay rely on a spring located on the lot for water. Huag urged that the fencing should not obstruct the water source. He added that the residents had already applied for a water permit and were committed to coordinating with SLU to ensure the water source remains accessible to the community.
Huag also mentioned that the fencing likewise encroached on some pathways that the residents use to access other areas in the barangay.
Presidential Proclamation No. 1221-1974, issued by President Ferdinand Marcos on January 14, 1974, exempts a specific portion of land which spans approximately 19,198 square meters from the operation of Proclamation No. 10 which originally established the Forbes Park Forest Reservation. The exempted land is declared as a land grant to SLU for the purpose of building a College of Medicine and a community hospital.
A fencing permit has been issued by the City Buildings and Architecture Office (CBAO) to SLU based on the latter’s ownership rights under the Presidential Proclamation.
Indigenous Peoples Mandatory Representative (IPMR) Maximo Edwin Jr. pointed out that a certification was issued by SLU indicating they no longer wished to claim the land and that they intended to revert the land to the government. This certification was signed by SLU’s then-Vice President Emeterio Manantan.
A photocopy of the certified true copy of Board Resolution No. 9-81 was obtained by Edwin’s office on September 3, 2024.
Engr. Stephen Capuyan, Asst. City Building Official, acknowledged that there was an initial request for the land to be reverted to the government but pointed out that the DENR still considers the land granted to SLU as no subsequent changes in its status had been made.
Capuyan added that on May 13, 2006, then-SLU President Rev. Father Jessie Hechanova issued a notice stating that SLU had not implemented Board Resolution No. 9-81 which had originally suggested that SLU might not pursue the land. With this notice, the Presidential Proclamation remained in effect, reaffirming SLU’s interest in the land despite previous attempts to relinquish it.
Edgardo Garcia, a representative of the City Environment and Natural Resources Office (CENRO)-Baguio, pointed out that the role of the Department of Environment and Natural Resources (DENR) is to preserve and monitor the land.
Edwin questioned the DENR’s future actions and whether the land will eventually be distributed or used for other purposes. Garcia said this issue is still unresolved and is considered a separate matter.
Acting Vice Mayor and Councilor Jose Molintas advised the concerned residents to constantly coordinate with SLU to resolve these concerns and with the City Engineering Office (CEO) to address the blocked pathway caused by the fencing.
The city council referred the matter to the Committee on Committee on Urban Planning, Lands, and Housing headed by Councilor Peter Fianza to be studied for any possible legislative action.
No SLU representatives attended the November 4 city council forum. However, the school, through its president, Rev. Fr. Gilbert Sales, responded to two city council invitations for forums on the matter, scheduled for September and November, both of which were suspended.
In his letter dated September 20, 2024, Sales stated, “the City Government of Baguio has not been in the dark on the developments on the subject parcel of land.”
He claimed that, in February 2019, 5,000 square meters of the 1.9-hectare land under Presidential Proclamation No. 1221-1974 was allocated to the city government to be used for its forest nursery and for other governmental needs. This was formalized through a Memorandum of Agreement between SLU and the city government, signed by then-Mayor Mauricio Domogan on behalf of the city.
Sales stated that certain individuals had carried out unlawful excavation and clearing operations on the land, prompting the institution to secure a fencing permit from the CBAO to “protect SLU’s legitimate claim to the lot.” He added that they had informed Baguio City’s Regional Trial Court-Branch 5, DENR-CAR, the Philippine National Police, and the concerned barangay council in advance of their plan to fence the area.
Responding to the claim that SLU had reverted the property to the government through a “supposed” Board Resolution No. 9-81, Sales dismissed it as a mere “allegation,” quoting a notice issued by Hechanova on May 13, 2006, which announced that the said board resolution had not been implemented and that Presidential Proclamation No. 1221-1974 remained in effect.
One of the documents attached to Sales’ letter is a certification from the DENR-CAR Land Management Division Chief Victor Catrantes on March 9, 2006 certifying that the subject land had not been revoked or altered in its status unless future proclamations or laws change its classification. Baguio City – Sangguniang Panlungsod Release
Sales reiterated that Presidential Proclamation No. 1221-1974 remains valid and effective law as it has never been modified, revoked, or superseded by any subsequent presidential act.
The SLU president also mentioned that the school administration is studying the feasibility of Gibraltar Barangay’s request to donate a portion of the property for their proposed bypass road. Baguio City – Sangguniang Panlungsod Release
