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Sunday, February 1, 2015

Ibaloi's right to claim reservations

 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.

 They also gave the Ibalois a very short time to understand the new law that they were implementing in the Country. 

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

 (Authority to repost given by Author)

 

Published:
Volume 1, No 29
TNT, Baguio City, Philippines
October 12, 2014
https://thenortherntribune.blogspot.com/

Sunday, January 18, 2015

On the Ibalois’ Right to Claim Parts of Lands Reserved for Various Purposes

I planned to get a copy first of the Indigenous Peoples Rights Act before discussing this subject about ancestral lands and the reservations.

Because of the mention again of the issue in a news story where the registration of transactions concerning titled ancestral land claims which have been reserved for public purposes, I would like to quote here Section 7 of Part II of Rule III of the Implementing Rules and Regulations of Republic Act 8371 otherwise known as “The Indigenous Peoples’ Rights Act of 1997”.   This Section reads thus:  Right to Claim Parts of Reservations. – The dispossession of indigenous peoples from their domains/lands by operation of law, executive fiat or legislative  action constitute a violation of the constitutional right to be free from the arbitrary deprivation of property.  As such, ICCs/IPshave the right to claim ancestral domains, or parts thereof, which have been reserved for various purposes.

Whenever I hear people questioning  the act of the Ibalois of claiming parts of reservations in the City of Baguio, I ask myself if they know the IPRa law which a man who was not an Ibaloi helped to make a law.  I believe the good senator Juan Flavier was not a nincompoop  who just helped pass into law something he did not think very well of.


May be, just may be, some Ibalois are not the real descendants of the older Ibalois who owned certain tracts of lands in what is now the City of Baguio.  May be the procedure followed in the issuance of titles for some lands claimed by certain Ibalois were not regular.  


May be.


But I believe the Ibalois who were then the people referred to by the Americans who came here in the early 1900s as Igorottes were the owners of the lands that have been proclaimed for various purposes.  Just because they, the Ibalois then did not have the money  to pay for the registration of their lands, or did not grasp the meaning of the patenting of their lands before the same were reserved, or they did not have their llands patented during the early titling days for some other reasons, their lands have been included in the area reserved for the Baguio Townsite, the watersheds, the US Military Reservation, and other purposes..


And there descendants have the right to claim the lands which were reserved for various purposes as the law provides.  They, like other Filipinos have that right.  It is unfair to deprive them of that right just because the land being claimed  has been reserved for a certain public purpose. 


If they can prove their claim, why deprive them of it?


I would like to discuss this further, but I would like to get some materials first to support  my statements.  For the meantime, I say Until then.  May my fellow Ibalois read and understand  what I have quoted, and defend their claims in such manner that the people heckling them will understand.  B.T. Pistola 

Sunday, December 14, 2014

Ibalois' Rights on Lands Denied

When we consider the arguments for the acceptance autonomy for the Cordilleras, and the insistence of the leaders in Mindanao for the approval or passage of the Bill for the Bangsamoro, and the quest of the Ibalois for the recognition of their ancestral land rights, especially in the City of Baguio, one cannot help but think that there seems to be an insistence in denying the rights of the Ibalois to the land of their forebears.

There are similarities in the situations of the people of Mindanao and the Cordilleras, including the City of Baguio, and the rest of the Filipinos.

All the lands in the Philippines were declared as public lands as soon as the Americans arrived in the islands. Then, they proclaimed some portions of the country as reservations for military, town site, forest, mining, hospitals and other purposes.

Then, because of the clamor of the Indigenous Peoples for the recognition of their land rights, the Indigenous Peoples Rights Act (IPRA) was made into a law, and no other than the much admired late Senator Flavier helped in making it so.

Now, indigenous peoples in other parts of the Country are happy because of the recognition of their ancestral land and domain rights. But, in the City of Baguio, the indigenous peoples here are contending with the insistence of the leaders that “only those whose claims were “processed” before the passage of the Indigenous Peoples Rights Act (IPRA) are the ones to be recognized. Because of the provisions of that Section 78 of the IPRA, or of the Implementing Rules and Regulations of the IPRA.

It seems an innocent and logical enough reason. The inclusion of that Section in the Law seems to be innocent, and legal. But is it? May be, it is legal, because it is already part of the law. But is it moral?

Why is it that other people in the Philippines are given more time to have their land rights recognized, while the Ibalois of Baguio have been limited only to that time before the passage of the IPRA? Before the Department of Environment and Natural Resources (DENR) Special Order No. 31 creating the Special Task Force on Ancestral Lands (STFAL), the Ibalois have been struggling for so long for the recognition of their land rights.

Then after the passage of the IPRA, many are again wondering how to go about their land rights in the face of the statement that it is only those applications for the recognition… of ancestral lands that were ”processed “ before the passage of the IPRA that will be recognized.. . B.T. Pistola

B.T. Pistola

 (Authority to repost given by Author)

Published:
Volume 1, No 22 
TNT, Baguio City, Philippines 
December 14 2014 
https://thenortherntribune.blogspot.com/

Sunday, December 7, 2014

Kalias wrestling match with Mateo Carino

Due to the lack of time to edit my column for the November 30 issue, I was not able to correct what I wrote about the late Tagdi marrying the  late Josefa Carino.

The story should have read thus:  her father married Josefa Carino because it was the price his father had to pay for winning in a wrestling match that the late Mateo Carino challenged him (Kalias) to do  with him (Mateo Carino).  

 According to her, the late Mateo challenged the late Kalias to wrestle with him, and if he (Kalias) wins, his son should marry his (Mateo’s) daughter. 

 Kalias won, and because his youngest and only living son at that time was Tagdi, then called Comising, or Mising for short, he was the one ordered to marry Josefa, Mateo Carino’s daughter.

 So Tagley when he reached the marriageable age for men at that time, went to Josefa’s place which is now the site of the Baguo City Athletic Bowl to serve her.  That was by plowing her land.

But every night when it is time for them to be together, the late Bayosa, Josefa’s mother, would let her (Josefa) take care of a baby so she had no time to be alone with her husband.

Because that happened every night of their short married life, Mising decided to leave.  He married Solicam Baticalang instead, and they lived in a house built on a spot where the Baguio Cathedral now stands.  They had their first baby there, and almost had the second there also.  But when the Americans came, they left the place for Bisil which was another part of the Baticalang and/or Baticalang’s wife’s land. 

Solicam was a sister of the late Piraso, father of the late Cosen.

 The late Tagdi felt that the late Bayosa did not like him fo ra son-in-law, so he left.  Later, he learned from the Americans that it is not good for close relatives to marry each other.  He was glad  he did not continue to live with Josefa  because her mother was his cousin by his Aunt Mahaycha, a.k.a Kavingkhot who was his father’s first cousin.  To be continued.  B.T.Pistola

         

 B.T. Pistola
 
(Authority to repost given by Author)
 
Published:
Volume 1, No 21
TNT, Baguio City, Philippines
November 30, 2014
https://thenortherntribune.blogspot.com/

 

 

 

 

 

 

Sunday, November 30, 2014

Ancestral Lands

 City Mayor Lauds Nullification by NCIP of Spurious CALTS”

That’s the title I gave the story about the nullification of the ‘spurious’ CALTs issued by the National Commission on Indigenous Peoples by the NCIP itself.

It is a very sad news for people who are working on the recognition of their land claims by the body that was promised to help them with their land problems that began after the Americans started reserving lands in their territory for various purposes.  And earlier too when the Spaniards will not give certificates of title to lands possessed by the Igorots for the reason that they have not yet identified the areas they want to reserve for government purposes.

Once when I started working with some people who were struggling for the recognition of their ancestrals, I was told that the whole Benguet land was surveyed in the name of my great-grandfather.  And he identified portions thereof for his children, who, unfortunately were mostly women. 

Parts of the land that I was told was surveyed in my great-grandfather’s name, and which my informants said were my great-grandfather’s land have become lands for the public such as the Wright Park and its adjoining areas, the United States Military Reservation which included the Camp John Hay, the Export Processing Zone, the airport, and the Philippine Military Reservation.

Sad to say, I cannot find documents to support that story, and I was not able to have the informants document their story before they died.

 I did however see a sketch of land that identified the area claimed by the late Mateo Carino for his daughter Josefa and whose surrounding areas were marked as Tierras de los Igorottes de Loakan, Tierra del Igorotte Mateo Carantes, Tierra del Igorotte Pisla, Tierra del Igorotte Piraso.

The land identified as Tierra del Igorotte Mateo Carino is the land where the CAP Building and other buildings now stand, even I believe, the area now known as the Scout Barrio.  The place was known as Embanao

Which means wide

The land identified as Tierra del Igorotte Piraso is on the west side of the land where the CAP Building is.  There is no boundary marked on the west side of that land identified as the land of the Igorot Piraso, but from what my mother told me as to where her father and his wife by a second marriage once lived before the Americans came, I believe that the late Piraso and his clan, the Baticalang clan did own in the native parlance that land that included the land where the Vallejo Hotel now stands. 

My late grandfather and his wife Solicam Baticalang once lived on that land where the Baguio Cathedral now stands.  Solicam was the sister of Piraso and Pinaoan.  Piraso was an Igorotte leader at the end of the 19th century and beginning of the 20th century.

Pinaoan was the father of Molintas who was appointed a president of the township of Baguio in the first decade of the 20th century. 

 The Baticalang Clan lived and some descendants still live in the areas surrounding the Jungletown where the Vallejo Hotel now is.

 Josephine Abanag who has been claiming the Wright Park area claimed it on the basis of her relationship with the Pirasos.  She once told me that she land she was claiming was the portion of Samay Piraso, the cousin of her grandfather Molintas.  Samay had no direct heirs.  She claimed to be the heir of Samay Piraso in lieu of the child she (Samay) never had.

The other area on the southeast side of the land that Mateo Carino fought for even up to the United States Supreme Court was the land of the Igorots Pisla which I believe should have been written as Pistola and I believe that that was what my late cousin Solomon Carantes believed too because he had it surveyed in the name of our cousin John Sho’dang.  And I think he did not just believe it.  He knew it was so.  My father once said he used to plant bananas there when he was very young.

The north and northeast side of the land the late Mateo Carino fought for were marked as the Tierra del Igorotte Mateo Carantes.

 Once, when the lands around the now Airport area were being surveyed for issuance of Free Patents, the late Mateo Carantes reportedly replaced the name of Ugasya which his brother in law placed as the owner of that parcel of land where the EPZA and MOOG buildings now stand.  He argued that the new law says it should be the name of the man to be placed as the owner of the land.

 His act made his brother-in-law comment thus “Dja gwara I inta’djun Bahag dja bu’day shi Doakan?  Is there a (parcel of) land that Bahag brought to Loakan?  Bahag was the name used by the late Mateo Carantes reportedly they were evading capture because of their joining the Aguinaldo group.

The John Hay area is still part of the old Doakan.  And I believe that that parcel of land marked as the land of the late Mateo Carantes is part of the land surveyed earlier in the name of Kalias, the father of Ugasya who became the wife of Mateo Carantes, Dingbey who became the wife of Molintas Pinaoan, Bayas who married Tekel and in whose name that part of Loakan where the late Kalias built his first house in Loakan was titled in 1910 for the reason that the late Bayas was no longer around because of death leaving her a widow before the Americans came, Mayshas who was a Mrs. Abodiles before her death sometime in the first decade of the 1900s, Bogan whom her husband Bangcoyao left a widow in the early 1900s, Pot-og who was bitten by a snake when he was a teen-ager, and Tagdi whose portion of Kalias’ land was taken by his ‘ex- father- in- law as penalty for his leaving his first wife Josefa Carino. 

That story about the late Tagdi or Tagley has not been a favorite topic of the Tagley family for quite some time.  It was only after I joined a group of ancestral land claimants that a blood relative on my father’s side and a relative by affinity on my mother’s side (if Baticalang was not a relative of Kalias) told me that the land which the late Carino fought for was the land of the man who left his wife who was a daughter of the late Mateo Carino.

I asked my mother about it.  She said yes, her father married Josefa because her mother Bayosa always let her attend to another person’s baby thus giving them no time to consummate their marriage.  He felt that Bayosa did not like him to marry Josefa.  So he left.

Before they got married, he tilled her land, that part which is now the Athletic Bowl.  He brought his carabao there to help him serve his ‘lady love.

When he could not make their marriage work, he left with his carabao, and married Solicam instead.  They lived where the Baguio Cathedral now stands.  Solicam had her first baby there.  She was also going to have her second baby there, but when the Americans arrived, she and her husband left for that portion of the family land where the Bell Church now stands.  The place was called Bisil because it was sandy.  Bisil is Ibaloi for sand.

When he learned from the Americans that it is not good for close relatives to marry, he was thankful because, as my old cousin on my mother’s side once said, ‘Kasinsin nen Tagdi si Bayosa. 

 When my mother’s sister got married to a son of the late Josefa, her brother-in-law reportedly told her “Ah, si’khayo I engitudoy ni eg etuloy”

Ah, you are the ones who continued what was not continued, or pursued. 

 Despite what happened, the late Tagdi did not harbor bad feelings against the girl/woman he was asked to marry at a young age.  He even reportedly helped her son go to law school.

These details made me believe that what the grand old man Caoi said about the area reserved for the United States Military Reservation was the land of the late Kalias, even the lands now known as Loakan Proper, Liwanag, Apugan, and its surrounding area.  The late Caoi Binay-an called Kalias as the founder of Loakan.

My late mother learned from her father that when Kalias found Loakan, he called his cousin Bay-osan, and a young man named Batil and together, they turned the swamp that is now the landing field for airplanes into a rice land. 

When the Americans, the descendants of the three men, Kalias, Bay-osan and Batil had the lands they planted to agricultural plans patented. 

The lands in Loakan were the first ancestral lands titled.  They were the free lands of the natives that the United States of America granted Certificates of Title to after the Benguet Igorots hounded the office of the late Governor William A. Pack “singly and by delegation” to ask for the return of their lands that the US government proclaimed as public lands as soon as they came to the Philippines.    To be continued.  B.T.Pistola

 

B.T. Pistola
 
(Authority to repost given by Author)
 
Published:
Volume 1, No 20
TNT, Baguio City, Philippines
November 30, 2014
https://thenortherntribune.blogspot.com/