On the Ibaloi’s right to claim parts of reservations, cont
In
the January 18 issue of this paper, I mentioned about that Section of the
Implementing Rules and Regulations of the Indigenous Peoples’ Rights Act of
1997. And which, in my mind, as a
citizen of the Republic of the Philippines I thought was the rule also for the
Ibalois of Baguio.
However,
as the people who moved for the inclusion of that Section 78 of the IPRA LAW
keep reminding applicants for the recognition of ancestral land claims, Ibalois
in Baguio can no longer apply for ancestral in Baguio, they having lost that
right when the IPRA was made into a law.
I
have been wondering why those people deprived the Ibalois of Baguio the right
that other indigenous peoples in the Philippines enjoy. I wonder why they thought, and still think,
that the Ibalois are no longer entitled to that right when they were and are the most deprived of the Indigenous
Peoples in the Philippines.
As
soon as the Americans came to the Philippines, they started declaring the
Ibaloi lands as reservations, without just compensation to the owners.
When
the Ibalois who heard the promise of the then President of the United States
William McKinley that they will return their lands followed up that promise
with the American governors assigned with the Philippine Commission, one
governor, i.e. William A. Pack
recommended the survey of the Ibaloi lands in 1905, and which was done
the next year with the survey of the lands of some Ibalois which were devoted
to agricultural crops, meaning those that were planted with rice, camote, gabi,
and fruit trees, but they did not survey
the pasturelands because there were no ‘visible’ improvements thereon.
They
applied the Public Land Law of the United States without taking into
consideration the fact (which they saw when they arrived here) that the main
occupation of the people here was cattle raising.
Comparing
the length of time given to other Filipinos to have their lands registered, the
year 1906 was certainly a very short time given to th Ibalois to have the lands
they have inherited from their predecessors registered in accordance with a law
that they could not understand yet, especially since they did not speak and
understand English, nor were they educated in Spanish because during the time
of the Spaniards, only those who were baptized as Catholics were allowed to
enrol in the Catholic operated public schools.
The
law may have been translated in Iloko, but it was not translated in a manner in
which the Ibaloi who was used to another system of land ownership or
landholding can understand.
When
some of them were able to understand a bit of the new law, they tried to
register, but were given a difficult time by the newly-appointed Director of
Lands who, however, after some time, relented, and allowed the hapless people a
day in the Court for the registration of their lands.
But
the time allowed was only for about 2 or 3 years? Then the Court decided on November 13, 1922
that the Igorot is banned forever from having his land registered.
Unfortunately
again for the Ibalois. They did not have
a lawyer to appeal that decision in a Court of Appeals, and in a Supreme Court.
For
whatever reason, the hapless Ibalois were punished with just a little time to
have their lands registered.
Now
that there is that IPRA which was passed after their long struggle for the
recognition of their land rights, they are told that they no longer can apply
for the same becuseof the moves of some people who benefited from transactions
with them. btpistola.
B.T. Pistola
Volume 1, No 29
TNT, Baguio City, Philippines
October 12, 2014
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