The national office of the Land Registration Authority (LRA) was criticized by indigenous peoples in this American-established city for “sitting on” the registration of their Certificate of Ancestral Domain Title (CADT) for more than a year now.

BY ARTHUR L. ALLAD-IW
Northern Dispatch
Posted by Bulatlat
Vol. VII, No. 31, September 9-15, 2007

BAGUIO CITY (246 kms north of Manila) – The national office of the Land Registration Authority (LRA) was criticized by indigenous peoples in this American-established city for “sitting on” the registration of their Certificate of Ancestral Domain Title (CADT) for more than a year now.

Ibalois and Kankanaeys of Barangay (village) Happy Hallow here urged the LRA to perform its “ministerial act” and immediately register their CADT as they had gone through the legal processes mandated by the Indigenous Peoples Rights Act (IPRA).

Nordis learned that the said indigenous peoples of Happy Hallow had applied to the office of the National Commission on Indigenous Peoples (NCIP) for delineation of their ancestral domain and for a CADT grant.

For many years, they had observed the processes mandated by the NCIP until a CADT was issued in the name of the Happy Hallow Indigenous Peoples Organization (HHIPO). The CADT covers 250 hectares of land near Camp John Hay, a former American rest and recreation area.

The NCIP issued the said CADT on Feb. 6, 2006, Nordis learned from NCIP Regional Director Amador Batay-an.

After the CADT issuance, a copy was forwarded to the national office of the LRA, said Happy Hallow elders interviewed by Nordis. But they claimed they do not know why the LRA has not acted on the registration of their CADT.

“No vested right”

Batay-an said the LRA national office has not authorized the Registration of Deeds in this city to have the said CADT registered.

After a CADT or CALT (Certificate of Ancestral Land Title) is issued by the office of the NCIP, it should be registered in the Registry of Deeds, Batay-an explained citing the IPRA to this reporter in a recent interview on a local TV program here.

Nordis learned that the LRA claimed that the indigenous people have no vested right over the area as what was given earlier to the Happy Hallow people was a Certificate of Ancestral Domain Claim (CADC) under an administrative order from the Department of Environment and Natural Resources (DENR).

Further research showed that Administrative Order No. 2 (DAO # 2), issued prior to the 1997 passage of the IPRA, provides for the recognition of CADCs and Certificates of Ancestral Land Claims (CALC).

Through the IPRA, the NCIP can transform a CADC into CADT or the CALC into a CADT, Nordis learned. The CALT is to be registered by the Registry of Deeds in the area where the land is located.

The LRA reportedly claimed also that ancestral lands in the city are not recognized under Section 78 of the IPRA.

Gerry Diano, vice chairman of the HHIPO, claimed that their ancestral domain claim was issued based on DAO # 2.

“Under the IPRA of 1997, the NCIP can transform our ancestral domain claim (CADC) issued under DAO # 2 into a CADT,” DIano said. “That is the reason why the NCIP issued our CADT after all the requisites.”

Court action

Batay-an said the Happy Hallow people have the option to file a court case.

“They can file a court case to compel the LRA to register their CADT,” Batay-an added in the TV interview. “The court can clarify the provisions of the IPRA (that are) being (referred to) by the LRA.”

But the Happy Hallow indigenous people are lukewarm to the idea of filing of a court case, as the said option is expensive, long and rigid, added Diano. But they are united in their call for LRA to immediately register their CADT to correct the injustice done to the Ibaloi and Kankanaey people of Happy Hallow, he pointed out. Northern Dispatch / Posted by Bulatlat

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