15/01/2025
Councilor Peter Fianza Critiques Ineffective Provisions in Baguio City Charter
By Mia Magdalena Fokno
Baguio City, January 14, 2025—Councilor Peter Fianza delivered a comprehensive privilege speech during the city council session on Monday, titled “Sir, the Slip is Showing,” scrutinizing sections of Republic Act No. 11689, the Revised Charter of the City of Baguio. His address outlined critical flaws in Sections 50 to 55 of the charter, labeling them as “ineffective, impractical, confusing, and contrary to existing laws and guidelines.” He argued that these provisions fail to address the city’s unique challenges and complicate land management efforts.
Fianza noted that the revised charter, effective since April 11, 2022, was meant to improve governance in Baguio. However, many of its provisions duplicate or contradict existing laws, particularly the Local Government Code and other regulations concerning land management.
He highlighted ongoing efforts to amend the charter through legislation, referencing House Bill No. 7406, which was introduced to rectify errors in the act. While the bill passed the House of Representatives in March 2024 and is awaiting Senate approval, Fianza criticized the proposed amendments for failing to address underlying issues comprehensively. “We will not only contend with useless provisions of the charter but also with useless corrections,” he remarked.
The councilor emphasized the problematic land provisions within Sections 50 to 55, which pertain to the Baguio Townsite Reservation, ancestral lands, and Camp John Hay. He described these sections as “adding to more confusion” and pointed to inconsistencies with other legal frameworks, such as the Indigenous Peoples’ Rights Act (IPRA) and the Public Land Act.
Fianza called attention to the Supreme Court’s recent rulings on ancestral land claims in Baguio, reaffirming that the city is governed by its charter and exempt from the general provisions of IPRA. He cited these rulings to argue that the charter’s provisions on ancestral lands only perpetuate historical injustices against the Ibaloy and Igorot communities.
Fianza traced the history of land reservations in Baguio, noting how early legislation during the American colonial period displaced indigenous settlers. “Baguio City was created out of a reservation of land intended for a new town,” he said, emphasizing how the process unjustly excluded long-time settlers from their ancestral lands.
Quoting Supreme Court decisions, Fianza stressed that Baguio’s exemption from IPRA leaves ancestral claimants with limited options for securing land titles. “Section 78 of IPRA is discriminatory. It is anti-Indigenous Peoples and anti-Baguio and should not be in the charter,” he declared.
Fianza outlined recommendations for addressing the charter’s shortcomings. These include creating a dedicated land office and council for Baguio, clarifying land classification and management policies, and removing discriminatory provisions against indigenous peoples. He also suggested aligning the city’s land use policies with existing laws and ensuring meaningful consultations with stakeholders.
Additionally, he called for legislative action to repeal Section 78 of IPRA, which excludes Baguio from its general provisions. “By the time Section 78 is repealed, or appropriate land provisions are added to the charter, will there still be ancestral lands to claim?” he asked.
Fianza closed his speech by thanking fellow council members and stakeholders for their input on the issue. He reiterated the importance of addressing these “slips” in the city charter to better serve Baguio’s residents and safeguard its future.
“The slip referred to here is not a criticism but an acknowledgment of the need for correction. Let us fix it together,” he concluded.
