BAGUIO CITY – The City Buildings and Architecture Office (CBAO) has deferred issuance of building permits to applicants whose lands are covered only either by a provisional permit issued by the Department of Environment and Natural Resources (DENR) or embraced by a Certificate of Ancestral Land Claim (CALC) and Certificate of Ancestral Land Title (CALT).
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City Building Official Engineer Oscar Flores said the temporary suspension will be imposed until his department has secured a clarification from the Department of Public Works and Highways (DPWH) on whether the said documents are enough bases for the issuance of the permit.
Flores said his office has written DPWH Secretary Hermogenes Ebdane, Jr. on the matter and is now awaiting response from the department’s legal division.
In his letter, Flores said the city has received several applications supported only either by DENR provisional permits or the CALC-CALT.
Flores noted that section 302 of the National Building Code specifically requires the submission of a title or contract of lease over the lot if the applicant is not the registered owner.
Since the DENR provisional permit is valid for only one year from the date of issue, Flores said he feels that said document “does not establish proof of ownership, much less the possessory right over the lot applied for.”
“Our understanding of the process for TSA (Townsite Sales Applications) involves the conduct of public bidding to the lot being applied for including the possessor of a provisional permit. The possessor of a provisional permit has no guarantee that he will win the bidding. It is only after the winning bidder is identified that an Order of Award is issued after paying at least 10 percent of the winning bid price. The issuance of an Order of Award establishes possessory right unlike the provisional permit,” Flores explained.
As to the CALC-CALTs, Flores said these are proofs of possession and ownership of lands issued by the National Commission on Indigenous People (NCIP) pursuant to the provisions of Republic Act No. 8371 also known as the Indigenous Peoples Rights Act (IPRA) Law.
However, the CALTs previously issued by the NCIP are presently under review by virtue of NCIP Administrative Order No. 1 series of 2002.
“There are a number of pending applications for building permits in our office but we have serious doubts whether we can validly issue the said permits without opening ourselves to administrative, civil and even criminal complaints by affected persons, more so that the copies of CALTs being shown to our office do not possess the signature of the Register of Deeds and are unnumbered,” Flores noted in a separate letter to Ebdane.
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