Republika ng Pilipinas KAGAWARAN NG ICATARUNGAN

Department of Justice Manila

December 28, 2006

OPINION NO. Administrator Benedicto B. Ulep Land Registration Authority East Ave. cot. NIA Road Quezon CIty

Sir:

....7.2. ....

This refers to your request for opinion as to the correct interpretation of Section 78 of Republic Act (R.A.) No. 83711 which provides that:

"Section 78. Special Provision - 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: Provided, that prior land rights and titles recognized and/or other processes before the effectivity of this Act shall remain valid: Provided, further, That this provision shall not apply to any territory which becomes part of the City of Baguio after the effectivity of this Act."

It is disclosed that the National Commission on Indigenous Peoples (NCIP) has -referred to you for registration in the Registry of Deeds office in Baguio City several Certificates of Ancestral Land Titles (CALT's); that when the lots covered by said CALT's were plotted in the LRA's Municipal Index Sheet thru its tie lines, several lots fall inside plan Psu-203258 covered by Civil Registration 211 (94) and plans Psu-211537 and K I Amd.

You state that the NCIP is of the opinion that CALT's can be issued over lands within the Civil Registration 211 in Baguio City and regardless as to 'whether it is within military reservation owned by the Philippine government or then US government.

You also state that in several Supreme Court decisions,2 it was invariably ruled that outside of those

Otherwise known as the Indigenous Peoples Rights Act (IPRA).

OPINION. NO. .. Irtisyg lands specifically excepted from the effects of the 1922 decision in Civil Reservation Case No. 1, all lands within the Baguio Townsite Reservation are "no longer registrable under the Land Registration Act" and that "a military reservation or part thereof, whether of the Philippine Government or of then the united States, is not registrable. The reservation made segregates it from the public domain and no amount of time in whatever nature of possession could have ripen such possession into private ownership."

Indubitably, there exists a controversy between LRA and NCIP, arising from the inteLpretation and application of Section 78 of R.A. No. 8371 as to whether the CALT's issued by the NCIP covering Baguio Civil Reservation 211 are registrable. The issue raised is, therefore, proper for administrative adjudication under P.D. No. 242,3 as adopted in Chapter 14,4 Book IV of the Administrative Code of 1987,5 which pertinently reads:

"SEC. 66. How Settled. - All disputes or controversies solely between or among departments, bureaus, offices, agencies and instrumentalities of the National Government, including government-owned Or controlled corporations, such as those arising from the interpretation or application of statutes, contracts or agreements, shall be administratively settled or adjudicated in the manner provided in this Chapter. This Chapter shall, however, not apply to disputes involving the Congress, the Supreme Court, the Constitutional Commissions,. and local governments.

"SEC. 67. Disputes Involving Questions of Law. - All cases involving only questions of law shall be submitted to and settled or adjudicated by the Secretary of Justice, as Attorney-General of the National Government, and as ex-officio legal adviser of all government-owned or controlled corporations. His ruling or decision

2 Republic v. Fagonil, 133 SCRA 513,519; Rep. v. Sangalang, 159 SCRA 515 520; Republic v. Marcoa, 52 SCRA 283; Rep. v. Intermediate Appellate Court, 155 SCRA 412 and Director of Lands v. CA, 179 SCRA 522. 1 Prescribing the Procedure For Administrative Settlement Or Adjudication of Disputes, Claims and Controversies Between Or Mono Government Agencies And Instrumentalities, Including Government-Owned Or Controlled Corporations, And For Other Purposes. 5 Controversies Among Government Offices and Corporations. 5 Executive Order No. 292, S. 1967.

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OPINION NO. 79 s:- sae thereon shall be conclusive and binding on all parties concerned."

As a matter of procedure, the petition for administrative settlement of disputes or controversies shall be signed by the chief of office, bureau or agency concerned, copy furnished the other party as respondent. The petition shall state the name(s) and addresses of all the parties, the facts, the legal question(s), the factual issues and all the relief(s) sought.6

Enclosed herewith, for your reference and guidance, is a copy of this Department's Administrative Order No. 121, dated 25 July 1973, which provides for the rules concerning the administrative settlement or adjudication of cases under P.D. No. 242, as adopted in the Administrative Code of 1987.

Please be guided accordingly.

Very truly yours,

ecretary

Encl.: as stated

Copy furnished:

Mr. .Felicito L. Masagnay OIC Chairperson National Commission On

Indigenous Peoples 2nd Flr. N. dela Merced Bldg., cor. West

and Quezon Acres. Quezon City.

r Secretary of Justice Op. Nos. 54, s. 2004 and No. 3, s. 2003.