blp multi-purpose cooperative autonomous power and authority

8/3/2019 BLP Multi-Purpose Cooperative Autonomous Power and Authority

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/ ANG BAGONG LAHING PILIPINOMULTI-PURPOSE COOPERATIVEC .D .A R eg . N o.: C -2 23 -6 82 5I SBN No . 9 7 8 -9 7 1 -9 4 6 74 - 0- 3 & I SBN : No . 9 7 1 -9 3 3 9 3- 0 -6

www.blptorrensystem1858.com & www.blpfoundation.orgNon-Go ve rnmen t O rg a niz at io n

BLP MULTI-PURPOSE I COOPERATIVE AUTONOMOUS POWER ANDAUTHORITYPRESIDENTIAL DECREE NO. 175, as amended by REPUBLIC ACT 6938, an actamending the REPUBLIC ACT 9520, THE COOPERATIVE CODE OF THE PHILIPPINESTO BE KNOWN AS THE "PHILIPPINE COOPERATIVE CODE OF 2008".THE DECENTRALIZATION OF 1967 --- AN ACT GRANTING FUTHERAUTONOMOUS POWER (COOPERATIVE) TO LOCAL GOVERNMENTS (REPUBLICACT NO. 5185, AS AMENDED BYREPUBLIC ACT NO. 6258.)SEC. 2.Declaration of Policy, --- It is hereby declared to be the policy of the STATE totransform local governments gradually into effective instruments through which the people canin a most genuine fashion, govern themselves and work out their own destinies.It is therefore, the purpose of this REPUBLIC ACT No. 5185, to grant to local governmentgreater freedom and ampler means to respond to the need of their people and promote theirprosperity and happiness and to effect a more equitable and systematic distribution ofgovernment powers and resources.To this end, local government henceforth shall be entrusted with the performance of thosefunctions that are more properly administered on the local level and shall be granted with asmuch autonomous powers and financial resources as are required in the more effectivedischarge of these responsibilities.COOPERA TIVE POWERS SEC. 4

(a) To exercise the same right and privileges given to person, partnerships and corporationsprovided under existing laws;

(b) To establish and operate business enterprises of all kinds as their needs dictate andtheir capabilities allow subject to the provisions of existing laws;

(e ) To petition the government to expropriate ID LE URBAN or R UR AL LA ND S foragricultural production, cottage industry, business or housing purposes; and

(f) To own and dispose of property, to enter into contact, to sue or be sue, and to do andperform such other acts as may be necessary in the pursuit of it's objective.BLP MULTI-PURPOSE COOPERATIVE ARTICLES AND BY-LAWS OFINCORPORATION CER. REG. NO. C-223-6825, dated NOVEMBER 6, 2009.

1) To assist members acquire properties through recovery, purchase, or donation and todistribute or apportion subject properties to members of the COOPERAT IVE , the urbanpoor and or members of the indigenous people and communities.

2) The BLP COOPERATIVE shall spearhead programs aimed to giving education scholarshipin local and foreign schools to deserving beneficiaries.

3) The BlP C OO PER ATIVE shall assist in national economic recovery endeavours byadvocating an urgency to expedite the recovery of claim of wealth from persons
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Indebted to the Pilipino people, and to advocate a conscientious allocation thereof to everyPilipino Family as it's means of economics capital.

COPYRIGHTED@NATIONALlIBRARY

4. The BLPCOOPERATIVEshall assist the poor and less privileged people in our communityto acquire self -sustaining knowledge on cottage industry livelihood and provide themassistance to acquire financial/humanitarian assistance.

THE LAW of the LAND in (REM) TORRENSSYSTEM Real Property Act 1858

Copyright @ 2009 ANG BAGONG LAHING PILIPINO MULTI-PURPOSE COOPERATIVEAllright reserved with ISBN: 978-971-94674-0-3

Copyright @TORRENSSYSTEMREAL PROPERTYACT 1858 VOLUME II, with RegisteredNo. A2009-3033, dated December 21, 2009, in the name of Copyright Owner, Dr.Almirante G. Bersales, with ISBN: 978-971-94674-0-3. This Act 1858, is intended forjudiciary assistance to all members of the BLP Multi-Purpose Cooperative in acquiringProperty Possessory Acquisition (PPA) of a parcel of land and providing them aninstrument mechanism therefore. (under judiciary order Sec. 2, PRESIDENTIALDECREENo. 1529, ACT No. 141 Sec. 48 and administrative order P. D. No. 2016, P.D. 1517 andP.D.27).

Copyright @ TORRENS SYSTEM PROCEEDING. Reqistration of Real Property Title andDeeds, with Registration No. A-2004-1375, dated August 3, 2004, in the name ofCopyrighted Owner Dr. Alvin Alvincent Almirante G. Bersales. This Act 1858, isintended for judiciary assistance to all members of the BLP Multi-Purpose Cooperativein acquiring Possessory Property Acquisition (PPA) of a parcel of land and providingthem an instrument mechanism therefore. (under judiciary order Sec. 2, PRESIDENTIALDECREENo. 1529, Commonwealth ACT 141, Sec. 48 and administrative order P. D. No.2016, P. D. No.1517 and P.D. 27).

GENERAL RULE AND PROVATIVE VALUE OF A TORRENS TITLE SYSTEM UNDERJUDICIARY ORDER. ( Sec. 2, PRESIDENTIALDECREENo. 1529, Commonwealth ACT 141,Sec. 48)

!lA Torrens title is generally a conclusive evidence of the ownership of the landreferred to therein (Ching vs. Court of Appeals, 1990, 181 SCRA 9,18; Sec. 49, Act496) It is settled that mere possession cannot defeat the title of a holder of aregistered Torrens title to real property (1.M. Tuazon & Co. Inc. vs. Court of Appeals,1979,93 SCRA146 cited in Abad vs Court of Appeals, 1989, 179 SCRA817,826-827)

~ Section 3 of Presidential Decree No. 1073 dated January 25, 1977 further provides:"Section 3the judicial confirmation of incomplete titles to public land based onunperfected Spanish Grants such as application for the purches, prior to the transferor sovereignty from Spanish to the United States shall no longer be allowed.However, P.O. 1529 should be read in conjunction with the provisions of this section


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shall not be construed as prohibiting any person claiming the same land underSection 48 (B) and Section 48 (C ) if he mets the conditions prescribed for Judicialconfirmation of Torrens System."

~ A Torrens Certificate accumulates in one document a precise and correct statementof the exact status of the fee simple title which the owner possesses.The certificate,once issued, is the evidence of the title which the owner has (Legarda, et al., vs.Saleedy, 31 Phil. 590 [915].

!lA Torrens Title, once registered, cannot be defeated, even by adverse, open, andnotorious possession.A registered under the Torrens Systemcannot be defeated byprescription. The title, once registered, is notice to the whole world. All personsmust take notice. No one can plead ignorance of the registration (Egao vs. Court ofAppeals, 1989, 174 SCRA484, 492 citing Legarda vs. Saleeby, 31 Phil. 590, 595; Seealso Sec. 46 of Act 4961Land Registration Act).

~ In the caseof transfer certificate of title, the same is enforceable in the hands of aholder in a good faith and for valuable consideration or an "innocent purchaser forvalue". An "innocent purchaser for value" isdeemed, under the Torrens System, toinclude an innocent lessee,mortgagee, or other encumbrances for value (Ibid citingLeung Yee vs. Strong Machinery Co., 37 Phil. 644). Section 51 Paragraph 2 of theProperty Registration Decree (P.O. 1529) of Land Registration Act (Act No. 496).

m . On July 7, 1989, Trial on the merits proceeded against the private respondentsOcampo, Buhain and Dela Cruz,the lower court rendered judgement dismissingthecomplaint on the subject land claim in the history of the Philippines in the subjectcontroversy in these consolidated cases base on the following ground that; (a)private respondent are already the registered owners of the parcels of landcovered by the Torrens Title which cannot be defeated by the alleged Spanishtitle,(b} To enjoy the presumption of validity as a last hurrah to champion their claimto the vast state covered by the Spanish title.( Supreme Court EN BANC Decision,G.R. NO. 103727 and G.R. NO. 10496) with Supreme Court Resolution dated July 11 120001January 3012001 and March 512002 the parties were directed with warningthat no further pleadings will be entertained or the same land cannot be againlitigated in any future action at any court of justice in the Philippine (Id., Art. 481).

URBAN LAND REFORM UNDER ZIP and SIR PROGRAM OF THEGOVERNMENTPRESIDENTIAL DECREE NO. 1517, dated 11 June 1978, instituted a nationwideurban land reform program and provided for the identification and proclamation ofURBAN LAND REFORM ZONE;PROCLAMATION NO. 1810, dated 22 December 1978, provides that areasidentified as projects for development under the Zonal Improvement Program (ZIP)for Metro Manila and the Slum Improvement and Resettlement Program (SIR) forrel;!ionalcities shall become Urban Land Reform Zones:


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PROCLAMATION NO. 1967, dated 14 May 1980, specify 244 sites in Metro Manilaas Areas for Priority Development and Urban Land Reform Zones;PRESIDENTIAL DECREE NO. 2016 ---- PROHffiITING THE EVICTION OFOCCUPANT FAMILIES FROM LAND INDENTIFIED AND PROCLAIMED ASAREAS FOR PRIORITY DEVELOPMENT (APD) OR AS URBAN LANDREFORM ZONES AND EXEMPTING SUCH LAND FROM PAYMENT OFREAL PROPERTY TAXES.WHEREAS, the Constitution of the Philippines provides that the "STATE shall ...undertake an urban land reform and social housing programs to provide deservinglandless or inadequately-sheltered low-income resident citizens reasonableopportunity to acquire land and decent housing ... ;"P.D. 2016, SECTION 2. No tenant or occupant family, residing for ten years or morereckoned from the date of issuance of Presidential Decree No. 1517, otherwise knownas the Urban Land Reform Law, (ULRL) in land proclaimed as Areas for PriorityDevelopment or Urban Land Reform Zones or is a project for development under theZIP in Metro Manila and the SIR Program in the regional cities shall be evicted fromthe land or otherwise dispossessed.P.D. 2016, SECTION 3. Privately-owned land which has been identified and proclaimedas an Areas for Priority Development of Urban Land Reform Zone or is a project fordevelopment under the ZIP in Metro Manila and SIR Program for the regional citiesshall, be exempt from the payment of real state taxes.WHEREAS, notwithstanding the abovementioned presidential issuance relating tothe institution of urban land reform and its implementing machinery, residentfamilies in Areas for Priority Development (APD) or Urban Land Reform Zones(ULRZ) are being evicted from such land in violation of SECTION 6, of the UrbanLand Reform Law (ULRL) which provides that qualified families within UrbanLand Reform Zone "shall not be dispossessed of the land and shall be allowed, theright of first refusal to purchase the same;"

ADMINISTRATIVE ORDER FORFARMERSLAND REFORM PROGRAM

PRESIDENTIALDECREENO. 2------- DECLARING THE ENTIRENATION AS LAND REFORMPROGRAM.

MEMORANDUM ORDER NO. 326,----dated DECEMBER 15, 1972, of BUREAU OFCOOPERATIVEDEVelOPMENT BEFORETITLES TO L A N D S ARE GRANTEDTO TENANTS.

LETTER OF INSTRUCTION NO. 46,---- dated DECEMBER 7, 1972, requiring theDEPARTMENT OF AGRARIAN REFORM TO SETUP P IL OT P RO JE CT FOR LAND REFORMIN STRATEGICAREAS,

PRESIDENTIAL DECREE NO. 27, ----- DECREASING THE EMANCIPATION OF TENANTFROM THE BONDAGE OF THE SOIL THEY TILL, TRANSFERING TO THEM THEOWNERSHIP OF THE LAND THEY TILL AND PROVIDING THE INSTRUMENTS ANDMECHANISM THEREFORE:


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WHEREAS, it is a vowed policy of the Government to assist landless tenants, whetherChristian or Muslim, in acquiring full ownership of the land occupied or cultivated bythem;

WHEREAS, tenants in agricultural lands primarily devoted to rice and corn productionhave been granted the fullest opportunity to own the land tilled by them in the easiestpossible way and under terms less burdensome to them:

AMONG OTHERS,THE IMPLEMENTING RULESSHALLPROVIDE:

PRESIDENTIALDECREENO. 175, as amended REPUBLICACT 9520, THE COOPERATIVECODEOF THE PHILIPPINESTO BEKNOWN ASTHE "PHILIPPINE COOPERATIVECODEOF2008".

(1) That a recipient of the lands allocated under the P R E S ID E N T IA L D E C R E E N O . 41 0,must first be a member of a F AR ME R C O OP ER AT IV E within his community shall beissued to him.

(2) Agrarian Reform Cooperative---- members are marginal farmers where the majoritythereof are agrarian reform beneficiaries organized for the purpose of developing anappropriate system of land tenure, land development, land consolidation or landmanagement in areas covered by agrarian reform; under P RE SID EN TIA L D EC RE E N O.338, as amended certain Provision of P R ES ID EN TIA L D EC RE E N O. 251 as amendedR EP UB L IC A CT 384 9.

(3 ) Housing Cooperative---- a service cooperative engaged in assisting or providingaccess to housing for the benefit of its regular members who actively participate inthe saving program for housing. (P R O C L A M A T IO N N O . 1195, G E N E R A L O R D E R N O .19, 19-A)

PRESIDENTIAL DECREE NO. 316, .--- PROHIBITING THE EJECTMENT OFTENANT-TILLERS FROM THEIR FARMHOLDINGS PENDING THEPROMULGATION OF THE RULES AND REGULATIONS IMPLEMENTINGPRESIDENTIAL DECREE NO. 27.SECTION 1. No tenant-farmers in agricultural lands primarily devoted to rice and comshall be ejected or removed from his farm holding until such time as the respective rightsof the tenant-farmer and the landowner shall have been determine in accordance with therule and regulations implementing PRESIDENTIAL DECREE NO. 27.

ANG BAGONG LAHING PILIPINOMULTI-PURPOSE COOPERATIVE

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ANG BAGONG LAHlNG PILIP IN0 (BLP)MULTI - PURPOSE COOPERATIVEC .D .A R eg . N o.: C -2 23 -6 82 5

I SBN No . 9 7 8- 97 1 -9 4 67 4 -0 -3 & I SBN : N o . 9 7 1- 93 3 93 "( )- 6www.blp tor rensys tem1858.com &www.blp foundat ion.org

Non -Gov er nmen t O r gan iz atio n

GENERAL RULE I PROBATIVE VALUE OF TITLETORRENS SYSTEM LAW Real Propertv Act 1858

It is a universal acceptance, the title of the Land once registered under Torrens System Real Property Act 1858, issufficient notice to the whole world because such action is an action In REM. All concern including the government andits agencies should take notice ofthis rule that no one can plead by reason of ignorance of registration. (Machine copyis hereto attached as "ANNEX" and made an integral part ofthis paragraph.)Torrens Certificate of Title is a mere evidence of ownership; it is not the title to the land itself as the concept of the title isconceived under our Civil Law; "the certificate of the title shall be a true copy of the decree of registration" (Sec. 39,P.D.1529)The Torrens System in the Philippines is judicial in form but administrative in character. "Judicial proceedings forthe registration of land throughout the Philippines shall be in REM and shall be based on the generally acceptedprinciples underlying the Torrens System (Sec. 2, P.D. 1529). In connection with Section 108 ofP.D. 1529, Act No. 141,it is conclusive upon the whole world including the government.Because all land to which claimants have acquired imperfect or incomplete title within the contemplation of Section 48 ofCommonwealth Act No. 141-----Most of the land now occupied or possessed by the people throughout thePhilippines are not covered by the titles issued by the &'vernment. (Machine copy is hereto attached as "ANNEX" andmade an integralpart of thisparagraph)Presidential Decree 892, discontinuance of Spanish Mortgage System of Registration that Spanish title certificate is notconclusive evidence of title if the same land had already been registered and an earlier certificate for the same is inexistence whether wholly or partly, the certificate that is earlier title in date prevails. (Heir of Luis J. Gonzales vs.Gonzaga vs. Court ofAppeal, 261 SCRA 327)A land registration court has no jurisdiction to order the registration of land already decreed in the name of another inearlier land registration case. (Laburada vs. Land Registration Authority, 387 SCRA333) a second decree for the same landis, therefore, null and void (Metropolitan Waterworks and Sewerage System vs. Court of Appeal, 215 SCRA 783) oncedeclared by a court of competent jurisdiction, the Torrens System Title to the land is already a res ;udicata binding on thewhole world, the proceeding being in REM (Lahora vs. Dayanghirang Jr., 37 SCRA 346)Judicial proceedings for the registration of lands throughout the Philippines shall be in REM, and shall be based on thegenerally accepted principles underlying the Torrens System Law.A proceeding is "in REM" if the object is to bar indifferently all who might be minded to take an objection of any sortagainst the right sought to be established, or if anyone in the world has the right to be heard on the strength of alleging factswhich, if true, show an inconsistent interest. (Manuela GreyAlba vs. Anacleto R. De la Cruz, G.R. No. L-5246, Sept. 16,1910) (Machine copy is hereto attached as "ANNEX" and made an integral part of this paragraph.)The Decision with Compromise Agreement, 7th Judicial District, Branch XXVII, Pasay City, LRC/Civil Case No.3957-P Presiding Judge Hon. Enrique A. Agana, a sworn statement that it was known fact when both LRCCommissioner Antonio Noblejas and Asst. Commissioner Gregorio Bilog Jr. divulged the Modus Operandi of theorganized syndicate in both LRC and in the Bureau ofLands then to defeat the interest of the herein land owners, whichwere an admission of these land authority that the eligible land records and documents of the OCT No. T-01-4, TCT No.T-408 and TCT No. T-498 had been subjected to manipulation, alteration falsification orchestrated by no other than in theLRC and the Bureau of Lands in connivance by those in the Register of Deeds. (Machine copy is hereto attached as"ANNEX" and made an integralpart of thisparagraph). DWCA P.80 conBased on the evidences and circumstances, the ownership of the Philippine Republic and its government over the subjectnoble lands was void and unconstitutional even if the basis was a Philippine Constitution of 1935 but neither the MalolosConstitution could warrant the legality of Philippine government ownership over the said land on the reason that US.government acquired unlawful right over the land, the same, it thwarted the EVIL interest of the Republic of thePhilippines over the subject lands. (Machine copy is hereto attached as "ANNEX" and made an integral part of thisparagraph) DWCA pg. 51
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The Goverrunem according to the LRC Commissioner Antonia :\,L :"\oblejas, Can it be that the government a directsource of fraudulent evidences? Position Paper over the same subject land bas been strongly opposed under the principle ofPRIUS TEMPORE PORTIUR JURI by the private N,G,O, considering that no less than the AMICUS CURAE and thecourt were the ones confirmed the legitimacy and the physical evidence of the said land ownership, Therefore, thegovernment should be barred by statute of Limitation and/or Estopel for public interest, since people demand honestservices from the government. because the government never possessed said better ownership and legal rights overthe land. (Machine copy is hereto attached as "ANNEX "and made an integralpart of the paragraph) DWCA P.61, 62,63,69TORRENS SYSTEM PROCEEDING REGISTRATION OF REAL PROPERTY TITLES and DEEDS under RealProperty Act 1858 is duly Registered in the National Library S.E.C. 178.6, entitled respect of letters, the copyright shallbelong to the writer subject to the provisions of Article 723 of the Civil Code. (Sec. 6, P.D. No. 49a), with ISBN: 971-93393-0-6 on August 3, 2004 with Registration No. A 2002-1375. RESOLUTION No. 01 Series of 2003 of ANGBAGONG LAHING PILIPINO MULTI-PURPOSE COOPERATIVE, published in the national and elite newspapersPhilippine Daily Inquirer on February 16, 2003, entitled Land for the Landless and Home for the Homeless on page90, SEC. 9, VOL. 8 No. 70., published Philippine Daily Inquirer on November 21, 2008, Sec. 14 Vol. 23 No. 437,page 17. (Machine Copy is hereto attached as "ANNEX" and made an integral part of this paragraph.)FINALLY: That the above mentioned land is affirmed and confirmed by Honorable Supreme Court in an EN BANCDECISION under G.R. No. 103727 and G.R. No. 106496, (Late Don Mariano SanPedro y Esteben vs. Court of Appeals,265 SCRA 753), became final and immediately executory, promulgated December 18, 1996, and EN BANC SupremeCourt Resolution dated 11th of July, 2000; 30th January 2001 and 5thMarch, 2002 with warning: "that no furtherpleadings will be entertained or the same land cannot be again litigated in any future action at any court of justice inthe Philippines." (Id., Art. 481) (Machine copy is hereto attached as "ANNEX" and made an integral part of paragraph.)

BLP MULTI-PURPOSE COOPERATIVEPresidential Decree No. 175, as amendedRepublic Act No. 6930, Republic Act No. 9520Known as "Cooperative Code of the Philippines 2008"

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blp multi-purpose cooperative autonomous power and authority

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