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REPUBLIC OF THE PHILIPPINES COURT OF FIRST INSTANCE OF RIZAL
Seventh Judicial District Branch XXVIII, Pasay City
WILSON P. ORFINADA ) LRC/CIVIL CASE NO. Plaintiffs 3957-P For: Quieting of -VS- Titles/Reconve- yance of Real MACARIO RODRIGUEZ AND HEIRS ) Properties with THE HEIRS OF DON MIGUEL AND ) Reconstitution of HERMOGENES ANTONIO RODRIGUEZ ) OCT No. T-01-4, DONA AURORA FABELA Y CARDONA ) TCT No. T-408/ PATRICIA TIONGSON AND HEIRS ) TCT No. T-498 PONCIANO PADILLA AND HEIRS ) in accordance FELIMON AGUILAR AND THE HEIRS ) with Rep. Act FORTUNATO SANTIAGO AND MARIA ) No. 26 in the PANTALEONA P. SANTIAGO AND HEIRS ) name of Prince MARCOS ESTANISLAO AND MAURICIO ) Lacan Tagean DE LOS SANTOS/BLAS AND SEBASTIAN ) Tallano, Don FAJARDO/ANTONIO/EULALIA RAGUA ) Gregorio Madrigal DON MARIANO SAN PEDRO Y ESTEBAN ) Acop and Don AND MARIA SOCORRO CONDRADO HEIRS ) Esteban Benitez THE HEIRS OF FLORENCIA RODRIGUEZ ) Tallano ESTEBAN BENITEZ TALLANO, ET. AL. ) ENGRACIO SAN PEDRO AND HEIRS ) THE ADMINISTRATOR OF BICUTAN ) MARKET/MAYSILO ESTATE, ET. AL. ) PEDRO GREGORIO/AGAPITO BONSON ) AND HEIRS/BALBINO FRANCISCO ) PEDRO ROJAS ESTATE AND HEIRS ) EUGENIO MARCELO/JUAN JOSEF ) SANTIAGO GARCIA AND HEIRS ) ORTIGAS AND COMPANY PARTNERSHIP ) THE ADMINISTRATOR OF PASAY AND ) TRIPLE ESTATES/ AND THE MARICABAN ) ESTATE/PERPETUA AND PERFECTO ) AQUINO, ET. AL., ANTONIO FAEL ) THE ADMINISTRATOR OF SAN PEDRO ) ESTATE/JOSE SALVADOR/MAGNO ) FERNANDEZ/DONA LOURDES OCHOA Y ) CASAL, SIMONA ESTATE AND THE HEIRS ) EXEQUIEL DELA CRUZ AND HEIRS ) GERVACIO LOMBO, FRANCISCO SORIANO ) QUINTIN MEJIA/CATALINA ESTANISLAO ) AND THE HEIRS/JUANA CRUZ AND HEIRS ) GABINO JAVIER AND HEIRS ) THE MODESTO, EULALIO, TOMAS, ) APOLONIO, PEDRO, FRANCISCO AND ) ANTONIO CRUZ, RAFAEL SARAO, ) JOSE OLIVER AND THE HEIRS ) DOMINADOR DE OCAMPO BUHAIN, ET. AL. ) MANUEL QUIOGUE, ESTANISLAO, ) EDUARDO AND BERNABE CARDOSO AND ) THE HEIRS, ANTONIO AQUIAL. )
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DR. NICANOR JACINTO, ET. AL. ) FERNANDO JACINTO STEEL MILLS, INC. ) FELIX AND CLAUDIO OSORIO AND HEIRS ) REGINO DELA CRUZ/GIL SANTIAGO ) BONIFACIO REGALADO AND HEIRS ) MARCIANO TUAZON AND TUAZON COMPANY, ) JULIAN AND JUAN FRANCISCO ) SARAO MOTORS/FRANCISCO MOTORS CORP. ) PHILIPPINE SHARE COMPANY ) PILAR DEVELOPMENT CORPORATION ) TEODORO LIM, FELIX BAEZ AND HEIRS ) VALENTINO GAJODO/CANDIDO CLEOFAS ) FORT WILLIAM MCKINLEY AND THE ) MANILA RAILROAD COMPANY ) UNIVERSITY OF THE PHILIPPINES ) THRU HONORABLE SOLICITOR GENERAL ) THE COMMISSIONER OF LAND ) REGISTRATION COMMISSION ) THE HONORABLE DIRECTOR OF BUREAU ) OF LANDS, THE REPUBLIC OF THE ) PHILIPPINES: ) AND TO ALL WHOM IT MAY CONCERN ) Defendants BENITO A. TALLANO ) Intervenor X-----------------------------------------------------------------------------X
DECISION WITH COMPROMISE AGREEMENT
With the blessings of our Supreme Doing with His
judicial enhancement over the vict im of injustices and
greatest land grabbing scandals, the Republic of the
Phi l ippines fai led to deviate from entering with the heirs of
Prince Jul ian Macleod Tal lano for a Separate Decision with
Compromise Agreement. But to sett le once and for al l the
issue of ownership over the land under OCT No.T-01-4
together with the reconstitution of lost owner and the
dupl icate copies of its original WAS A Motion f i led by the
Republic of the Phi l ippines and, including the return of
precious metals and stones consist ing of 617,500 metric tons
of gold and 500,000 pieces of 10 carat diamonds to the
Royal family is another Motion f i led by the herein intervenor
that needs to be resolved under the same Sala that original ly
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under old case LRC/Civi l Case No. 997-P but now, on the
Motion of the Republic of the Phi l ippines to avoid confl ict ing
of hearing dates of two (2) Cases, under the same subject
matter, a consol idation of original Case LRC/Civi l Case No.
997-P into LRC/Civi l Case No 3957-P has been submitted
and impleaded. But we seek the truth and nothing but the
truth that this Honorable Court has come to intervene where
the succor of the Magistrate of justice for equity and
vindication by the untainted facts had necessitate this
providential circumstances in as much as its paramount
object to secure the weak and exalted the vict ims of
oppression for the unmolested true spir it of just ice and its
virtue for the deserving l i t igant.
Indeed, in the f indings of Justinian, Inst. B.1, t is; Co;
2nd Inst. 56, justice is the constant and perpetual disposit ion
to render to every man his due. It is the conformity of our
actions and our wil l to the law but it should be commutative
for which that virtue whose object is to render to everyone
what belongs to him, as nearly as may be, or that which
governs contracts. Yet, justice needs to be distr ibutive as
wel l , that virtue whose object it is to distr ibute rewards and
punishments to each one according to his merit, observing a
just proportion by comparing one person or fact with another so
that neither equal persons have unequal things nor unequal
person things equal. Justice, in specific parlance, is the
greatest interest of man on earth. It is the ligament that holds
civilized nations together, for, it consists simply in letting
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everyone enjoy the r ights that he has acquired by virtue of
the laws. And, this must be enforced accordingly in the case
at bar, otherwise, justice under this regime is inuti le i f not
dead. Similarly, this remains precarious to our pol it ical,
social and economic stabi l i ty as wel l and, in toto, an
obstruction to this nation’s progress and stabi l i ty.
In a democratic inst itution, the r ight to property is a
fundamental natural, inherent and inal ienable r ight. Clearly,
it is never of ex gratia from the legislature, rather ex debito
from the duly constituted fundamental law of the state, the
Constitution. Indeed, it never owe its origin to the
Constitution which secure it for it existed foremost before
them. In several circumstances, it characterized judicial ly as
a sacred right, the protection of which is one of the
paramount objectives of the government.
The constitutional ly protected r ight of private property is
not, however, an absolute r ight and it is subject to justif iable
restraints and mandated regulations inst ituted by the legislature
or ordained by the said fundamental law. It is subject to the
pol ice power of the state and to constitutional order on social
just ice, than land reform or equitable distr ibution of wealth is
very good example when it has been implemented within the
tenet of the constitutional pol icy of the government, because,
within that r ights, the r ight to property is the r ight to acquire,
hold, enjoy, possess, manage, insure and improve said
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property, as well as the r ight to devote property to any
lawful use.
But it is so defeating to live within this allege democratic
nation where the present administration capitalizes said glorious
objectives but actually indirectly disenfranchising the
constitutional rights of the Tagean- Tallano clans from their real
properties by distorting the true record of the Royal clan in the
LRC defeating their ownership of the land they gained out of
their hard labor and more than 4 centuries of arm struggles
against the Spanish government and abusive officials of the
Republic that only to find out their ownership right over the said
property consisting of 169,912,500 hectares of plains, mountains,
forests and seas evidenced by Land Tile OCT No. T-01-4, Annex A
to Annex A-1 to A-19 that had been issued by the Royal
Government of England, thru the Office of the Royal Audiencia
then by the British Governor to the Philippines Downsone Drake,
is lawful within the bound of the Land Registration Act 496 after
the same subject land its ownership had been settled in a court
of proper jurisdiction by the Land Registration Court which was
ended on October 3, 1904,under a Case CLRO 475, which caused
the issuance of Decree 297 and was registered in favor of Rajah
Lacan (Tagean) Tallano, who was married to Princess Rowena
Ma. Elizabeth Overbeck Macleod of Austria, and eventually to
their son, Prince Julian Macleod Tallano (Tagean) who was
married to Princess Aminah Kiram of the Sultanate of Sulu, after
another court batt le in the Cadastral Court in accordance
with the law of Cadastral Act 2259 which was
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ended on March 14, 1914, had been promulgated in favor of Prince
Julian Macleod Tallano against unlawful claimants, Don
Hermogenes Rodriguez and heirs declaring Court Ruling in a Land
Registration Case No. 571, is null and void ab initio because
proceedings under said Land Registration Case 571 had failed to
substantiate the jurisdictional requirements and valid
jurisprudence, besides, it was proven that the ownership rights of
Don Hermogenes Rodriguez merely derived from fraudulent
documents, the lease agreement from the Tagean-Tallano clan had
been diverted into Certificate of Award from the Spanish
government, yet, it can be precluded as valid ownership Land Title
because, long before the Spanish government arrived here in the
Philippines, the Island had and has been in actual possession of
the Royal family, thru their predecessor in interest, King Luisong
Tagean. Besides, finally OCT No. 01-4 had been issued to the
Tagean-Tallano clan not to the Rodriguez due to a conflicting
information and evidences they presented using the reward
certificate issued by the Spanish government. The alleged Court
Decision dated November 6, 1911 by the Court of First Instance of
Manila is a hoax judgment because it was then the Land
Registration Court that has exclusive jurisdiction over the Lands
Registration Case and not the CFI, and that the plan the Rodriguez
heirs had been using could be found in Roxas and Iloilo City,
Annex B and C not in Manila, whatsoever.
Furthermore, on the Sworn Manifestation of LRC
Administrator Antonio Noblejas, he specifically explained that
the title-form used in the issuance of allege OCT 369
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is from the Land Registration Form No. 1, yet, in 1907, the year
the alleged Land Title is dated, the so called GLRO was not yet
born for use, it construed the said GLRO Form No. 1 was not in
existence yet.
Again, the OCT 369 in the name of Don Hermogenes
Rodriguez, was been issued by late Judge S. del Rosario as CFI
Judge of Rizal patently fabricated from the fraudulent OCT issued in
the name of Francisco Manajan y Torrente also issued by Judge S.
del Rosario as a CLR Judge. And that the allege CLR Case No.
386,Manila, divulged that the decree issued was Decree No. 160 not
Decree 297, because Decree 160 was issued on March 19, 1904 and
not March 8, 1907, that under the said CLR Case No.386, Decree
160 was OCT No. 140 not OCT 369 was issued in the Registry of
Deeds in Manila, it covers only one (1) parcel of land located in
Tondo, Manila with an area of 354.03 sq. m.
On the part of OCT No. 01-4, with Decree 297, CLR Case No.
475, the same were issued in the name of Prince Lacan Acuna
Tagean Tallano on October 3, 1904 after compliance of the LRA 496
requirements embracing the whole archipelago but was fraudulently
deleted and distorted over the land in Cavite alone instead of the
whole Island as could be found in Record Book of Decree, Book 1
and was distorted in the name of Manuel Ruiz y Javier instead
lawfully to Prince Julian Macleod Tallano. That the allege Plan
No.11-4810, covering 3 parcels of land in the municipality of Sagay,
Negros Occidental not in San Dionisio and Ibayo, Paranaque
where Nicolas Biones and Laureana Vargas were applicants,
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while that Plan II-4812 covered a parcel of land situated in
Barrio Tinampaan, Cadiz, Negros Occidental not in Paranaque;
Province of Rizal; while that Plans 11-4813 was merely inserted
as part of the Plan in CLR Case 9002, and said parcel of land
consists of 3,807 square meters situated in Calle Zmart,
Municipality of Iloilo and was surveyed by G. & M. Mendez.
LRC Administrator attested in his Sworn Affidavit and
Manifestation that all II-4810, II-4811, II-4812 and II-4813
found no existing survey record in the Record Management
Division of the Bureau of Lands and Forestry.
This Court has observed the blueprint pattern of
clandestine land grabbing by the allege-claiming to be land
owners which were derived from the National Government thru
its instrumental agencies, the Bureau of Lands and Forestry, the
Land Registration Commission in conspiracy of the officials of
Building Permit Bureau of the Department of Public Work and
Highway and by the local government officials and with
participation of some Register of Deeds in the City and
Provinces where the lands are situated. These are where the
sacred role of the government must have to be exercised for the
protection of the constitutional rights of its citizenry. Yet, very
clearly, that land grabbing scheme massively laundered icing by
socialized housing programs, urban and agricultural land reform
of the government in connivance with the developers,
sometimes in the pretext of National Government infrastructure
program is a silent confiscation of real properties of the private
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persons, particularly to the damage of the Tagean-Tallano
family who lawfully own the vast of land here in Greater Manila
Area suburbs.
By these circumstances where the National Government
arrogantly launched its clandestine confiscation of private
properties, movable and immovable, it is hard to admit that
there has no violation of Due Process. Actually, violation of it is
presently in serious offense of the National Government for
grand design of its cohorts depriving the Constitutional Mandate
of Section 1 and Section 2 of Article 3 of our 1935 Constitution,
directly defeating the real substance of Due Process here,
namely:
1. To prevent improper governmental encroachment against
an individual’s life, liberty and property;
2. To prevent arbitrary exercise of government powers;
3. To prevent unjustified confiscation of private property.
Our great Senator Diokno eloquently explained the
relevant objects of due process; Quote:
The requirement must be directly intended to have the same effect
against legislative power, that is, to secure the citizens against
arbitrary deprivation of his constitutional right, whether relevant to
his life, his liberty, or his property. It is an absolute limitation
toward arbitrary power and a guarantee against abusive legislation
requiring that the law shall not be unreasonable, arbitrary or
capricious in character and or objective should have a real and
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substantial purpose and effect to the object sought to be attained.
The supreme intention of the guarantee is the protection of the
individual from the arbitrary implementation and execution of
powers of the government, undisturbed and with genuine
established principles of private rights and distributive justice.
Unquote: Our Great Senator lent his judicial wisdom
relevant to this proceedings, where coercive influence from the
authority had intended to inflict against the true essence of
justice; particularly, in the case at bar where substantial
evidences of the heir of the late Prince Julian Macleod Tallano
backing up their ownership interest over the subject land and
has been meritoriously adopted from the National Government
evidences and position paper could not be subsided by
technical maneuver of the Solicitor General and, obviously, by
mixed influence of the Executive Order, Proclamation and
Letter of Instructions, allowing its cohort developer,
specifically Private Development Corporations of the Philippines
who bulldozed the big track of land both the north and south
of Manila for the proposed expressway, where thousands of
mango trees were uprooted and destroyed, the Pilar Village
Corporation who massively bulldozed portion of Quezon City
where the ten thousands of mango trees where destroyed for
the government pretext Housing Projects which said projects of
the Pilar Village Corporation could be magnified almost in
Greater Manila Area and that the Malacanang Palace official
conspirator, certain Bonifacio Regalado who arrogantly
bulldozed big track of land on the east, north, and west
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portion of Quezon City, where hundred thousands of mango
trees were destroyed and that its cohorts Manny Villar and
Company Real estate proposed housing projects in
Muntinglupa, Taguig, Paranaque and Las Pinas, where half a
million mango trees were bulldozed and destroyed. Then the
direct cohort and oligarch Real Estate Developers of the Higher
Officials of the Palace, the Ortigas and Company, who raped
the original view of San Juan leaving destroyed thousands of
mango trees simply to be replaced by the proposed shopping
center and Executive Village in the said Green hills, depriving
the interest of the late Don Juan Ejercito and his heirs; that
Harry Stonehill mess – who conspired with some Malacanang
officials before, who destroyed half a million of mango trees in
San Pedro, Laguna only for the elite Housing Projects and who
attempted for the restoration of the war widely damaged
Manila Bay for self interest of the land owner, the Tagean-
Tallano family. And the Malacanang cohorts oligarch
Developers in Marikina, who attempted to land grab some
1,500 hectares of land situated in Parang, Marikina, Rizal own
by the family of Dona Lourdes Tuazon Arroyo who bought from
the real owner, Don Esteban Tallano, close friend of Ex-
President Diosdado Macapagal; and particularly that Ayala
Corporation who arbitrarily developed the Forbes Park and the
Bell Air Village in Makati, are, as aforementioned above, direct
denial of due process, awarding the lands to these developers
without the mercy of the impartial judge.
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Mr. Justice Jose P. Laurel must have condemned the
conspirators in the government, if ever he has been living as
Chief Justice of the Supreme Court up to this time. Because he
once said that if accused is not tried by an impartial judge, the
pledge of due process becomes a myth and the trial is reduced
to nothing but a useless formality, an idle ceremony. Mr.
Justice Laurel continued: If a judge had made up his mind to
convict even innocence would not suffice as a defense.
Unquote: Similarly, the moro-moro court proceedings in
this Sala under LRC/Civil Case No.997-P against Don Esteban
Benitez Tallano and Prince Lacan Acuna Tagean Tallano, the
living heir of the late Prince Julian Macleod Tallano
contemplated by some government officials in Malacanang in
conspiracy of these developers who managed the validation of
their fictitious Land Titles particularly this OCT 333 of Bonifacio
Regalado its Decree No.1141 has been found covering land in
Floridablanca, the OCT 735 of Don Mariano Severino Tuazon,
and that OCT 632 own by Eulalio Ragua, that OCT 730 own by
Piedad Estate, that OCT 614, OCT 333, OCT 291, and that OCT
820 own by Patricia Tiongson and by the National Government,
and all OCT its numbers from OCT No. 100,000 had been
declared non-bankable due to their fraudulent characteristics,
and null and void ab initio by my predecessor in this Court on
July 14, 1964 by virtue of the Petition filed by the Republic of
the Philippines in favor of its allege predecessor, late Prince
Lacan(Tagean)Tallano under LRC Civil Case No.997 which was
consolidated to LRC/Civil Case No.3957-P for Separate
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Judgement Re: Reconstitution of OCT No. 01-4 in the name of
Prince Lacan Tagean Tallano with Annulment of OCT No.01 up
to OCT No.100,000 vs. Hermogenes Rodriguez from which the
petitioner, Republic of the Philippines had acquired its interest
and rights over the subject lands under the principles of Public
Domain, alleging in that petition that late Julian Macleod
Tallano and Prince Lacan Acuna Tagean Tallano have no
surviving heirs whosoever, so therefore, under the law, said
big tracks of lands, the Hacienda Filipina evidenced by OCT No.
T-01-4 be reverted to the National Government.
On the above proceedings, the const itut ional r ights of
the heirs of the true owner had always been deprived,
thanks to the sound-meritor ious judic ia l procedure of our
Judic iary then that asserted by then Sol ic i tor General Fel ix
Makasiar, now, the pi l lar of our Supreme Court who sent
summons and subpoenas to the Tal lano-Tagean heirs in
Hawai i and the old residence of the Tal lano-Tagean in Sit io
Sauyo, Barangay Kul iat, Quezon City, the Decis ion in favor
of the Republ ic of the Phi l ippines under LRC/Civi l Case No.
997-P consol idated with LRC/Civi l Case No. 3957-P had been
reverted in favor of Don Esteban Benitez Tal lano by way of
Opposit ion Paper with supported evidences adopted from
government Posit ion Paper and proof of ownership over the
land and proof of heirship to the late Pr ince Jul ian Macleod
Tal lano and Pr ince Lacan Acuna Tagean Tal lano and
Intervention by Benito A. Tal lano that had submitted during
the Hearing pr ior to the release of Decis ion of July 14,
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1964 which caused this case under LRC/Civil Case No. 3957-P
as consolidated one railroaded up to this proceedings.
On the part of the National Government represented by
then Macapagal Administration they came to the stipulation for
the issuance of the Decision with Compromise Agreement
subject to the following terms and conditions, here to wit:
1. That the Republic of the Philippines thru its President
His Excellency Diosdado Macapagal waived its rights over
the lands that are still found public lands or land that
have Land Title including their rights in Crisostomo
Estate in the City of Cabanatuan, yet and if ever titled
only those lands that have fraudulent Land Titles be re-
conveyed to and in favor of the heirs of Prince Julian
Macleod Tallano, provided the Land Reform should be
respected maintaining the land emancipated in favor of
the farmer beneficiaries, otherwise, conversion of the
land covered by Land Reform into a commercial purposes
destroying the aims of land reform, automatically the
ownership interest of the subject land should be
reversed in favor of the heirs of the true owner, late
Prince Julian Macleod Tallano; Don Esteban Benitez
Tallano or their successor in interest;
2. That the government buying price of the subject land to
the Tagean-Tallano Royal Family in case of expropriation
by the government should be subject to the following
quotations;
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I. Within the Greater Manila Area
A. Prime Lot and - at P400.00 per square meter
commercial lot a minimum of 1,000 hectares.
II. For the Provinces of Rizal, Laguna, Cavite, Batangas
and Bulacan
A. Commercial/ - at P350.00 per square meter
Prime lot for a minimum of 2,000
hectares.
B. Agricultural - at a price of P10.00 per
Land square meter for a maximum
of 100,000 hectares of land
area and succeeding land area
at a price of P5.00 per square
meter.
III. For the Provinces in Central Luzon
A. Commercial/ - at a price of P230.00 per
Prime lot square meter for a maximum
of 2,000 hectares.
IV. For the Provinces in Ilocos Region including La
Union Province
A. Commercial/ - at a price of P230.00 per
Prime lot square meter for a maximum
of 2,000 hectares.
B. Agricultural - at a price of P5.00 per
Land square meter to a maximum of
10,000 hectares .
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V. For the Provinces of Mountain Province Region/
Ifugao and Nueva Vizcaya
A. Prime/Commercial Lot - P230.00 per square meter
for a maximum of 2,000
hectares.
B. Agricultural Land - at a price of P3.00 per
square meter for a
maximum of 200,000
hectares.
C. Baguio City
a) Residential Area - at a price of P100.00
per square meter for
a maximum of 2,000
hectares.
b) Commercial - at a price of P500.00
per square meter for
a maximum area of
2,000 hectares.
VI. For the Provinces of Northern Luzon, Isabela,
Cagayan and Batanes
A. Prime Lot - at a price of P30.00 per
square meter at a
maximum area of 2,000
hectares.
B. Agricultural Land - at a price of P5.00 per
square meter for a
maximum land area of
500,000 hectares.
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VII. For the Provinces of Southern Tagalog, Quezon,
Sub-Province of Aurora, Sub-Province of Quirino
(except Mindoro, Palawan, and Bicol Regions)
A. Prime/Commercial Lot - at a price of P220.00 per
square meter at a maximum
area of 2,000 hectares.
B. Agricultural Land - at a price of P3.00 per
square meter for a maximum
land area of 200,000
hectares.
C. For the Province of Mindoro
a) Prime/Commercial Lot - P250.00 per square meter
for a maximum of 2,000
hectares.
b) Agricultural Land - at a price of P5.00 per
square meter for a maximum
of 2,000 hectares.
D. For the Province of Palawan
a) Prime/Commercial Lot - P300.00 per square meter
for a maximum of 2,000
hectares.
b) Agricultural Land - at a price of P3.00 per
square meter for a maximum
of 200,000 hectares.
E. For the Bicol Region
a) Prime/Commercial Lot - P200.00 per square meter.
b) Agricultural Land - at a price of P3.00 per
square meter a maximum
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of 300,000 hectares.
VIII. For the Provinces of Visayas
A. Prime/Commercial Lot - at a price of P300.00 per square
meter at a maximum area of
10,000 hectares.
B. Agricultural Land - at a price of P5.00 per square
meter for a maximum land area
of 300,000 hectares.
IX. For the Mindanao Area
(Except Jolo, Sulu, and Cotabato which was conveyed
by Prince Julian Macleod Tallano to the 3 major sultans
of Mindanao exclusively for the Muslim brothers)
A. Prime/Commercial Lot - P250.00 per square meter
for a maximum of 3,000
hectares.
B. Agricultural Land - at a price of P3.00 per
square meter for a maximum
of 200,000 hectares.
3. That the gold bullion lent by the Royal family to the
Republic of the Philippines, consisting of 650,00 metric
tons now, thru Reverend Father Jose Antonio Diaz by
arrangement of the young brilliant lawyer, Atty. Ferdinand
E. Marcos in the year 1949, for the establishment of the
required gold reserves of the newly installed Central Bank
of the Philippines should be maintained to the Central
Bank vaults toward maintenance of the country’s gold
reserves and the same should be.
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withdrawable fifty years thereafter with five years
moratorium to stabilize the Philippine peso value, while the
clans, the Royal family should only be entitled for five
percent (5%) of the one percent (1%) of the appraised
value of the commodities as Royalty fee, and should be paid
by the government in cash equivalent to the surviving
beneficiaries, the heir of the late Prince Lacan Acuna
Tagean Tallano, who stayed in Vatican from the year 1866
to 1898 where he died at the age 178 years old, survived by
his son, the late Prince Julian Macleod Tallano at the age of
50, who was born on December 17,1848.
4. That said fifty (50) years gold reserve requirement could
only be withdrawn by the heir, Don Esteban Benitez Tallano,
or his successor in interest, Prince Julian Morden Tallano on
the year 2005, after another five (5) years moratorium
starting of year 2000, provided, no among the gold deposits
should have been diminished, otherwise, the Royal clan
represented by their heir. Don Esteban Benitez Tallano or
by his predecessor in interest, Julian Morden Tallano, who
inherited lawfully the Title of Prince under the Code of
Koran from his great great grandfather, late Prince Julian
Macleod Tallano (Tagean), has an option to terminate the
gold deposits earlier for the interest of the Filipino people.
5. That any gold bullion that was deposited by Senate
President Ferdinand E. Marcos outside the Philippine
jurisdiction in conspiracy of the Royal Clan trustee and
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Administrator, in the person of Reverend Father Jose
Antonio Diaz beyond the consent of the owner should be
returned back to the Philippine Central Bank Vaults.
To view actually over the proposed conditions of the
Macapagal Administration then for absolute implementation
has gained some opposition of the present government
administration due to the following allegations, although,
the true beneficiaries had never filed their objections, here
namely
That the said 640,000 metric tons of gold nuggets
own by the Royal family transported by then surviving son
of the late Prince Julian Macleod Tallano from Vatican after
the World War, in the person of Don Esteban Benitez
Tallano through the efforts of Reverend Father Jose
Antonio Diaz, trustee of the Royal family and, at the same
time client of then Atty. Ferdinand E. Marcos, deserves a
just compensation to Marcos client, Reverend Father Jose
Antonio Diaz for no less than 30% of the total value of the
said 640,000 metric tons which includes those bullion
actually deposited to the Central Bank Vaults consisting of
7,000 metric tons; Besides, there are some proposed
amendments over the conditions set forth by the
Macapagal Administration, which supplements the
proposed conditions of then Macapagal Administration, as
follows;
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1. That the proposed Lungsod Silangan embracing around
46,000 hectares in Antipolo, San Mateo, Montalban,
San Jose del Monte, Taytay, Morong, Baras, Estrella,
Paete, Pililia, Jalajala, Infanta, Nakkar, and Real should
be paid only to the lawful beneficiary, Don Esteban
Benitez Tallano or to his successor in interest, Prince
Julian Morden Tallano at P5.00 per square meter
payable in one (1) year in four (4) equal installments
provided the would-be registered vendee should be the
daughter of the President, Miss Imee Romualdez
Marcos, considering the payment that will be sourced is
from the private funder in the United States, a
businessman counterpart of the Araneta family.
2. Secondly, that the land reform program of the present
administration should be maintained by the land owner,
except the lands already under payment of the Land
Bank, but the value of the land acquired through the
Land Bank financing facility should be paid in cash to
the land owner, Don Esteban Benitez Tallano or to his
successor in interest, Prince Julian Morden Tallano at a
price of P 0.50 per square meter or at P5,000 per
hectare on five years quarterly installments.
3. That the Mining and Marine Resources and all
resources that may be found above and below the
Philippine soils should fall within the ambit and
regulations of the relevant laws particularly the forest
and mining laws and Fishery Laws and
22
ordinances of both national and local governments but
not to the extent of depriving the absolute ownership
interest and privileges of the land owner;
4. That the land that has been awarded in favor of the
farmers by virtue of land reform programs should be
well respected except when the landholdings of the
farmers interest for conversion than those of
agricultural purposes, the land owner have the
absolute right to recall the land subjected into land
reform to protect the interest of the farmer-
beneficiaries;
5. That the National Government thru the Marcos
Administration had waived its interest over all public
lands which are found untitled including mountains,
forests, rivers, and seas, except when the subject land
has a valid Land Title, then the land owner should be
admitted such valid Land Title is an act of government
under principles of Public Domain, yet, no required
appropriation neither penalty should be shouldered by
the administration or the succeeding administration in
favor of the land owner, except when the land is
covered by defective Land Titles and/or relevant
document, the government administration has deemed,
reverted to the land and its interest to the Tagean
Tallano clans;
6. That a l l the land occupied by the government
bui ld ings and infrastructures, loca l or nat ional
inc luding those hospi ta ls , capi to ls , C i ty Hal l ,
23
Municipal Halls, dams should be maintained to the
national and local government in the name of the
People of the Phil ippines, except on the conditions
that any said structures that would be subjected
reversion, conversion or sale to other parties
defeating the principle of Public Domain and either
defeating the Fil ipino people’s interest as beneficiaries
in interest, the same structure, its tit le and interest
be reverted to the true owner, Don Esteban Benitez
Tallano or his successor in interest. But these
conditions have limits on Public Markets and Public
Malls that the direct taxes have been remitted to the
National or local government, yet, both national or
local government including Private Market Operator
should pay the land owner for the required rental of
P500.00 per square meter monthly.
Finally, for the interest of justice, both proposed conditions
of the past Macapagal Administration which were represented by
Hon. Secretary of Justice Salvador Marino and then His Excellency
President Diosdado Macapagal, and now the Marcos Administration
and his Honorable Solicitor General with the conformity of the
heirs, Don Esteban Benitez Tallano and his great, great grandson,
Prince Julian Morden Tallano, had refined into a joint
stipulation on the purpose of the Urgent Motion requiring this
Court for the issuance of Decision with Compromise Agreement,
exempting it from the required five (5) years prescription period to
execute the same; considering the land tax requirements
24
amounting to P250,000,000.00 as assessed becomes a prerequisite
prior to the issuance of the Reconstituted Land Title No.T-01-4,
which is indispensable in the absence of amelioration tax and
other relative realty taxes.
That the conditions that had been agreed upon by the
parties; the National Government represented by His Excellency
Ferdinand E. Marcos by Hon. Solicitor General and by the heirs of
the land owner, represented by Retired Judge Cesar Paras,
adapting some of the proposed conditions of the present and past
administration are as follows:
On the part of the National Government represented by its
past administration, then His Excellency President Diosdado
Macapagal and Ex-Secretary of Justice Salvador Marino,
now, by His Excellency President Ferdinand E. Marcos and
his counsel, Hon. Solicitor General, the proposed admitted
conditions are as follows:
1. That the Republic of the Phil ippines thru its then
President, His Excellency Diosdado Macapagal, along
with his then Hon. Secretary of Justice Salvador Marino,
and now had adopted by His Excellency Ferdinand E.
Marcos along his Hon. Solicitor General, representing as
Legal Counsel of the Republic of the Phil ippines waived
its rights over the land that has been presently found
public land or Titled Land but from fraudulent or
fraudulent in character to and in favor of the heir of the
late Prince Julian Macleod Tallano or to his heir
of his successor in interest, Prince Julian
25
Morden Tallano, on the conditions that the land
emancipated to the farmers-beneficiaries of the
government land reform programs should be recognized
and well respected free from any taint or maneuver of
i l legality or conversion of any party whatsoever into
commercial or other purposes than the objectives of the
land reform program, the said subject land, otherwise
in case of breach over the conditions, should be
recalled to and in favor of the owner, Tagean-Tallano
clan to secure the interest of the Fil ipino farmer-
beneficiaries;
2. That the government buying price of the subject land
from the Tagean-Tallano family should be subjected to
the following quotations, hereunder:
I. Within the Greater Manila Area
A. Residential Lot - at a price of P1,000.00 per
square meter for a maximum
of 10,000 hectares.
B. Commercial Lot - P1,500.00 per square meter for a
maximum of 5,000 hectares.
II. For the Provinces of Rizal, Laguna, Cavite, Batangas, and
Bulacan
A. Residential Lot - P100.00 per square meter for a
maximum of 10,000 hectares.
B. Commercial Lot - P2,000.00 per square meter
for a maximum of 10,000
hectares.
26
C. Agricultural Land - P10.00 per square meter
for a maximum of 500,000
hectares.
3. For the Provinces in Central Luzon including
Pangasinan
A. Residential Lot - P70.00 per square meter for
a maximum of 50,000 hectares.
B. Commercial Lot - P1,500.00 per square meter for
a maximum of 10,000 hectares.
C. Agricultural Land - P5.00 per square meter for a
maximum of 500,000 hectares.
4. For the Province of Ilocos Region including La Union
A. Residential Lot - P70.00 per square meter for a
maximum of 10,000 hectares.
B. Commercial Lot - P1,200.00 per square meter for
a maximum of 10,000 hectares.
C. Agricultural Land - P5.00 per square meter for a
maximum land area of 10,000
hectares per province.
5. For the Provinces of Mountain Province Region including Kalinga,
Ifugao, and Nueva Vizcaya
A. Residential Lot - at a price of P30.00 per square
meter for a maximum of 10,000
hectares for the whole region.
27
B. Commercial Lot - P1,000.00 per square meter
for a maximum of 10,000
hectares for the whole region.
C. Agricultural Land - at a price of P3.00 per square
meter for a maximum of
10,000 hectares per province.
D. Baguio City
a. Residential - at a price of P100.00 per
square meter for a maximum
of 2,000 hectares.
b. Commercial Lot - at a price of P1,000.00 per
square meter for a maximum
of 10,000 hectares.
VI. For the Provinces of Northern Luzon Region including Isabela,
Cagayan, and Batanes
A. Residential Lot - P50.00 per square meter
for
a maximum of 10,000 hectares.
B. Commercial Lot - P750.00 per square meter
for a maximum of 10,000 hectares.
C. Agricultural Land - P3.00 per square meter for
a maximum of 500,000 hectares.
VII. For the Provinces of Southern Tagalog, Quezon, Sub-Province of
Aurora, Sub-Province of Quirino
A. Residential Lot - P200.00 per square meter for a
maximum of 10,000 hectares.
28
B. Commercial Lot - P1,000.00 per square meter
for a maximum of 10,000
hectares.
C. Agricultural Land - P3.00 per square meter for
a maximum of 200,000
hectares.
D. For the Province of Mindoro
a. Commercial Lot - at a price of P700.00 per
square meter for a maximum
of 10,000 hectares.
b. Residential Lot - at a price of P50.00 per
square meter for a maximum
of 10,000 hectares.
c. Agricultural Land - at a price of P3.00 per
square meter for a maximum
of 300,000 hectares.
E. For the Province of Bicol and Catanduanes
a. Commercial Lot - at a price of P500.00 per
square meter for a maximum
of 10,000 hectares.
b. Residential Lot - at a price of P40.00 per
square meter for a maximum
of 25,000 hectares.
c. Agricultural Land - at a price of P3.00 per
square meter for a maximum
of 300,000 hectares.
29
F. For the Province of Palawan
a. Commercial Lot - at a price of P500.00 per
square meter for a maximum
of 5,000 hectares.
b. Residential Lot - at a price of P50.00 per
square meter for a maximum
of 5,000 hectares.
c. Agricultural Land - at a price of P2.00 per
square meter for a maximum
of 200,000 hectares.
VIII. For the Provinces in Visayas
A. Commercial Lot
First Class Town - P1,000.00 per square meter
Second Class Town - P700.00 per square meter
Third Class Town - P500.00 per square meter
for a maximum of 10,000
hectares.
B. Residential Lot
First Class Town - P500.00 per square meter
Second Class Town - P200.00 per square meter
Third Class Town - P100.00 per square meter
for a maximum of 200,000
hectares.
C. Agricultural Land - at a price of P5.00 per
square meter for a
maximum of 300,000
hectares.
30
Besides, as furtherly claimed by the government in its position
papers, there were frauds in the issuance of OCT No.369, OCT 222,
OCT 614, OCT 543, OCT 333, OCT 777,OCT 730, OCT 735, OCT 466,
OCT 820, OCT 4136, OCT 56, OCT 684, OCT 4080, OCT 994, OCT
4085, OCT 632, OCT 339, OCT 564, OCT 393, OCT 291, OCT 160, OCT
844, OCT 847, and obviously from OCT 02 to OCT 100,000 which we
declared null and void ab initio and there after these were cancelled
by this Court on the Motion of the Republic of the Phil ippines,
represented by its Solicitor General, Felix Makasiar, except that of
OCT 01-4, against the unlawful owners, Don Mariano San Pedro
Esteban, Dominador de Ocampo, Ortigas and Co. who used OCT 735,
the alleged Ponciano Tamayo, Bonifacio Regalado who used OCT 333,
Dona Patricia Tiongson who used OCT 820, Jose Dimsum, Julian and
Juan Francisco, Pilar Vil lage Development Corporation, Valentino
Gajudo, Candido Cleofas, Fort Will iam McKinley, Manila Rail Road Co.,
the University of the Phil ippines who used OCT 735, OCT 730, Hon.
Mayor Felimon Aguilar, Ponciano Padil la, Antonio and Eulalio Ragua,
Maria Socorro Condrado heirs, the Piedad Estate owner, Pedro
Gregorio, Agapito Bonson who used OCT 4085, Don Pedro Roxas, the
allege claimant of the Maricaban Estate, Ricardo and Fortunato
Santiago, Perpetua and Perfecto Aquino, Antonio Fael, Dona Lourdes
Ocho y Casal, the Administrator- allege claimant of the Colegio de San
Jose, Mariano Severo Tuazon and Tuazon Company, Teodoro Lim and
Felix Baez, the Republic of the Phil ippines and its agencies who used
OCT 291 and that certain Nicanor Jacinto whose application is
merely free patent in character must be subsided by Torrens
Title, the Bureau of Lands and Forestry, the Land Registration
31
Commission and its Honorable Solicitor General, Hermogenes A.
Rodriguez and Don Miguel Rodriguez who used OCT 369, which
claims by the Hon. Solicitor General, Felix Makasiar, are strongly
defeated by well-accepted history and documentary evidences
against these land grabbers, but that the said lands had been a
subject of land grabbing scheme thru force dominion and invasion
of the Spaniards over the archipelago against the inhabitants, who
own the subject lands, embracing the entire archipelago,
arrogantly instituted by the Friars in the Island of Manila instead
of Christianism which was originally known some 400 years ago as
Island of Maharlika which said land grabbing were escalated thru
frauds by mentioned alleged fictit ious land owners. Now the
entire island known as Phil ippines, where the inhabitants suffered
thousands of casualties in the midst of bloody war against said
Spanish soldiers-land grabbers. Yet, the Honorable Solicitor
General claims as their defense that restoration of inhabitants’
rights over the patrimonial lands was the efforts of the
government of the First Republic, therefore, said land should be
reverted to the government under the principle of Eminent
Domain. The manifestation of the government was controverted
ostensibly by the herein Intervenors by presenting documentary
evidences released by the newly recognized Phil ippine Historical
Commission together with their evidences found in their
possession here, Namely: Annex A-4, Certif ication from said
government agency dated January 10,1964, confirming the claim
of the Intervenors that the entire Greater Manila Area was under
the territories of the Namayan then some 5 centuries ago which
32
was divided into seven (7) districts of Maycatmon, Calatongdonan,
Dongos, Dilao, Pinacayasan, Yamagtogon up to Meysapan, whose
territories, based on said documents, are those now occupied by
the town of Pasay, Malate, Dilao, Pandacan, San Felipe or Mandaluyong,
Balete or the San Juan del Monte, Quiapo, Sampaloc, San Miguel,
Taytay, San Pedro de Macati (now Makati), Navotas, Malabon,
Meycauayan (Maysilo before), Caloocan, Valenquela or Valenzuela,
Quezon City or Pugad Lawin, Montalban, San Mateo, San Jose del
Monte (Bulacan), Marikina (Mariquina), Sta. Maria, Angat
(Bulacan), Norzagaray, Bulacan, Tanay, Antipolo, Morong, a former
Provincial Capital in l ieu of the Province of Rizal, Cardona,
Culaylay or Cainta, Angono, Pil i la, Jala-jala, Baras, Teresa, and the
Karilaya Islands (now Quezon Province) which includes the whole
Kawit region now Cavite and that lake region in its new name,
Laguna Province, including portion of Batangas (Bumbon Province
before), Laurel, Talisay, Lemery, Taal, Nasugbu, and Lipa, where
the origin of its inhabitants came from the Noble family names
Lacan-Tagean, the Datu or the Maharlika and grandson of the King
Luisong Tagean centuries ago, and by his wife Lamayan Bowan.
The noble tribes were the owners of the said territories and they
control the areas and inhabit themselves over the areas for more
than 5 centuries ago and it has passed by more than 10
generat ions of the i r c lans, some of these were the i r ch i ldren
in the name of Raja Lacan Tagean, the eleventh son of Rajah
Soliman who led bloody stripes in Manila against the Spaniards
during the Spanish time while, in Cebu led by Rajah Lapulapu,
older brother of Rajah Soliman. The leader King Luisong Tagean
33
and his sons Rajah Soliman and Rajah Lapulapu and Rajah Lacan
Tagean; eldest son of Rajah Soliman are of Malayan blood born
from known Malayan Federated Estate, were migrated to Manila
Island due to the Cataclysmic evolution of the earth that affected
man’s habitation, while the wife of Rajah Lacan Tagean, Lamayan
Bowan; was forced to migrate to the coastal area of Sta. Ana now,
Lamayan District before, where Lamayan name was derived from
her maiden name baptized to her tribe where Lacan Gat Uban
(Mauban), younger son of Rajah Sol iman born along the
Northeastern part of Sierra Madre and as known hero of the town
of Mauban. In the advent of Spanish era in the Island of Manila
more than 400 years ago, the Lacan Tagean clan, the grandson of
King Luisong Tagean, eldest son of Rajah Soliman, was renamed
into a Spanish sound name, Tallano to be elusive every time from
the Spanish Government prosecution and inhumane torturing
beside to take advantage the arrest and court immunities granted
by the Royal Crown of Spain to Fil ipino Mestizo and to Spanish
Nationals. The effort gained momentum from Spanish authorities
although in clandestine operation, the Tagean clans pursued their
endless support toward the Fil ipino revolution by arms struggle,
morally and financially pushing throughout the archipelago against
Spanish despotic autocracy until it borne out by them the Malagat
Revolt in Cagayan. Rajah Soliman, the father of Lacan Tagean in
1571, led a successful revolt in Manila followed suit and many
more arms uprising at the expense of their own effort, precious
stones and prec ious meta ls l ike gold jewelr ies which they
used for the rebel l ion against Spanish government as the
34
Tagean Clans saved out of their 1,000 years habitation on the
surface of the earth, particularly in the Island of Maharlika, now
Phil ippines. Later, during the Spanish Era, they called the Islands
as Manila as they extracted from medicinal shrubs named nilad for
which they defend the land they built and acquired through manual
labors of their ancestors some thousand years with the help of
their Creator and our mother nature.
Again, for reference, Manila started some thousand years
ago even before it borne out from the very womb of Rio de Tagean
(Pasig). Certainly, it was an integral portion of the Cataclysmic
Evolution of the earth plate. The origin of Manila name is
undoubtedly old. It was derived from medicinal shrub named
Nilad, in English name Scyphiphora hydrophyllacea, which was
usually used as medicine for the wounded Tagean warriors long
before the Spanish time. But, originally, the seat of the most
powerful Datu, the King Luisong Tagean which was inherited by
his son, Rajah Soliman and later by his grandson, Lacan Tagean,
was not in Manila but in Lamayan District, now the place of
Malacanang Palace previously a district of Sta. Ana where the
Lacan and his royal family reside. The evolution of the Tagean
clan into Tallano clan served as catalyst in pursuing their claims
and interest in land against the Spanish government until such
time when foreign intervention, l ike the British Royal Government
which started in 1761, had successfully l iberated the Fil ipino
people from the Spanish colonizat ion on October 14, 1764.
Whi le the Amer ican government took i ts noble ro le and
sett led the inhabi tants perennia l land problem by
35
Cessation Treaty that caused the Spanish-British government
worked for the said peace accord over dominion in the Phil ippine
territory and had been taken in place successfully in the
acquisition cost of 5 mill ion U. S. dollars paid and extended by
the British government but such amount had provided by the
Tallano (Tagean) clan through the King’s son, Prince Lacan
Tagean Tallano who was born on December 17, 1686, the
grandfather of John T. Macleod, on the condition in the said
accord, the British and the Spanish governments and the U. S.
government as well, and any foreign dominion should respect the
inhabitant’s private ownership and interest in land. As a result
of this Treaty, and another Treaty, the Treaty of Paris, had come
out into being, yet, respecting the pre-condition that private
ownership and interests in lands in the Phil ippines should be
exercised with virtue undoubtedly.
TREATY OF PARIS (between the United States and Royal Crown of
Spain, Article VIII, second paragraph, dated April 24, 1894, to wit:
And it is hereby declared that relinquishment or cessation as the
case may be, to which the preceding paragraph refers, cannot, in
any respect, impair the property rights which, by law, belong to
the peaceful possession of property of all kinds, of Province, of
Municipalit ies, public or private establishment, ecclesiastical or
civic bodies, or any other associations having legal capacity to
acquire or possess property in the aforesaid territories renounced
or ceded to private individuals of whatsoever nationally such
individual as they may be.
36
The aforesaid relinquishment or cessation as the case may
be, includes all documents exclusively referring to the sovereignty
relinquished or ceded that may exist in the Archives of the
Peninsula where any document in such archives only in part
related to said sovereignty, a copy of such part wil l be furnished
whenever it shall be requested. Like rules shall reciprocally in
favor of Spain in respect to documents in the Archives of the
Island above referred to.
ARTICLE IX
Spanish subjects, natives of Peninsula residing in territory
over which Spain, by the present Treaty, relinquishes or cedes its
sovereignty, may remove therefrom, retaining in either even all
rights or property including the right to sell or dispose off such
property or of its proceeds, and they shall also have right to carry
on their industry, commerce or profession being subject in respect
thereof to such laws as are applicable to other foreigners dated
April 25, 1894.
Unquote, very clearly, as a matter of right in the Phil ippines
prescribed by such Treaty of Paris, in preservation of private
ownership over the land, through the English theory found a closer
importance. That furtherly, during the domination of this nation
by Spain, the Royal Crown spared no time nor any odd to proclaim
full ownership totally over our lands that private land titles from
the very origin could only be possessed from the government
37
either by buying with granting the Titulo de Compra (by bidding)
or by different modes of acquiring it or land grant. But the most
exception to this cardinal rule was where certain person had
established his ownership over the land he is claiming or thru his
predecessors in interest and had been in possession of the land
from time immemorial and such possession would mean justify
the presumption that the said land had been a private land even
before the Spanish dominion controverting lawfully that there is
no FRIAR LAND in the Phil ippines. Definitely, THERE IS NO
FRIAR LAND indeed, while, certainly, said allegation that there is
a FRIAR LAND was merely a hoax, just to subside over said land
ownership of the Royal clans, like the Intervenors in particular.
Yet, furtherly, as part of negotiation and immediately upon
signing of the said Treaty, a directive from the Royal Crown of
Spain to the claimants of the land in question, Don Hermogenes and
Don Miguel A. Rodriguez had been sent and became supplemental
to the recovery of the subject by the (Tagean) Tallano’s,
certainly over the HACIENDA QUEBEGA (KEYBEGA) together with
that HACIENDA FILIPINA. This excerpt directly from the Letter
of the Queen of Spain and the United States Government (quote),
being an intruder of the Island of Manila, formerly Hacienda
Fil ipina now Phil ippines, in honor of His Royal Crown, the King of
Spain, you are commanded to be ceased and desist and reconvey
from your land holdings the whole HACIENDA FILIPINA, the
archipelago, Titled OCT No. T-01-4 in the name of Prince Lacan
Acuna Tagean Tallano or to his son Prince Julian Macleod
Tal lano, the grandson of A l f red Dent, a Br i t i sh Lord and
London merchant a par owner of Royal Br i t i sh North
38
Borneo Company, which had been adversed by your interest and
in the name of your brother, Don Miguel Antonio Rodr iguez, for
so long, to the damage of the true owners. Now, you should
respect th is Royal Order in favor of the or ig ina l land owner, the
late K ing Luisong Tagean c lan and heirs , the pr ime predecessors
in interest , the Tal lano c lan, were the i r r ights over the subject
lands had been defeated by more than 400 years of our Royal
Army occupat ion. But sa id r ights are among the pre-condi t ions
embodied in our Cessat ion Treaty with the Br i t ish government
and with the Amer ican government c lar i fy ing, among other
th ings, the respect to pr ivate propert ies, are the paramount
object ives of the sa id Treaty as prescr ibed by democrat ic
doctr ine that every human being needs to adhere, for the
interest of g lobal peace which were carr ied over by many of our
expedi t ions that the Royal Crown had in i t iated. That the order
of the Royal Crown in Expedi t ion for democrat ic endeavors and
Chr ist ian va lues over the g lobe had been abused by you as
mani fested by the vaudevi l le war of our Royal Armies thru
Genera l Montojo and Admira l Dewey of the Amer ican government
degrading the Grand F ly ing Color of the Royal Crown destroy ing
a lso the turp i tude of the wor ld known GREAT Amer ica ’s h istor ic
record of the Amer ican government. Yet , we have no room in h is
Highest Off ice to admit you with such barbar ic and inhumane
acts you had done against our Chr is t ian brothers and s is ters, the
F i l ip ino people (Cert i f ied True Copy of the sa id let ter t rans lated
in Engl ish language marked as Annex I and made integra l part of
government pos i t ion paper dur ing the hear ing of the above-t i t led
case LRC/Civ i l Case No. 3957-P in 1969).
39
As appeared in the Madr id Protocol of 1885 s igned by
Spain, England and Germany, under Art ic le III of which the
Spanish Government renounced such c la ims over the
archipe lago as far as regards to the Royal Crown of Great
Br i ta in, that a l l c la ims of sovere ignty over the terr i tor ies of the
cont inent of the Phi l ipp ine Is lands, inc luding Borneo and the
Tagean Is lands (now known as Kalayaan Is lands) which sa id
Sabah belonged to the past Sul tan of Sulu with the condi t ions
that Is land and income der ived thereon should be apport ioned
into two equal amount in favor of the K i ram heirs and the
Tal lano-Tagean heirs .
Now, very apparent ly , the invaders were not the Spanish
Royal Crown and nei ther the Great Amer icans, but mere ly the
Spanish F i l ip ino Mest izos who have had vested interest to grab
the archipe lago. I f we wi l l refresh our idea for the truth over
the land in quest ion based on the government pos i t ion paper
and i ts ev idences, u l t imate ly, we could assess the verac i ty of
ownership over sa id land of a person who has better r ights and
interest over the subject matter .
I t was admitted part of the Pos i t ion Paper of the Republ ic
of the Phi l ipp ines under LRC/Civ i l Case No. 3957-P that no less
than the Chinese Emperor named Yung Lo, as i t was wr i t ten in
Sung and Ming Dynasty between the year 1368 to 1644 AD, a
symbol for the respect and due recogni t ion of the Chinese
Empire to the nobi l i ty of the K ing Lu isong Tagean
over h is land ownership and ru lersh ip over the
40
archipe lago that t ime a l ready embrac ing 7,134 is lands inc luding
that Sabah and Freedom Is lands, the Chinese Emperor gave h im
a g i f t of s i lk c loth and severa l tons of prec ious meta ls l ike gold,
jewels as a token of t r ibute to the Noble K ing whose name,
Noble K ing Luisong Tagean, was adopted in naming the largest
is land in h is honor, the Is land of Luzon by the sa id Chinese
Emperor Yung Lo (Chou-Ti) that even to the ear l ier t ime, K ing
Luisong Tagean regarded h im by the fore ign traders as K ing
when there was no ru ler over the archipe lago and that st i l l , the
ownership of the noble c lan over the Is land of Mahar l ika
remained as h istor ic landmark, whi le , later Mani la , now
Phi l ipp ines, never ga ined any res istance nor oppos i t ion of any
k ind f rom var ious t r ibes of the inhabi tants which means d i rect ly
admitt ing the vast of land over the archipe lago was owned by
the Tagean-Tal lano Royal C lan, who d iscovered, rebui l t , g lor i f ied
and fort i f ied f rom thousand of years by h is predecessors.
Indeed, the inhabi tants of the Is lands (Hac ienda F i l ip ina before),
inc luding Visayas and Mindanao, kept the i r respect over the sa id
r ights endowed to the noble fami ly over the ownership of the
arch ipe lago inc luding the is lands of V isayas and Mindanao by
paying the i r share out of the i r harvest f rom the lands they were
t i l l ing for and in behal f of the Royal Fami ly , the Tal lano-Tagean
c lan. In 1405, the government of China sent an Imper ia l Decree
in Mani la af f i rming with vowed courtesy to the Ruler of the
arch ipe lago cons ist ing over 7,134 is lands. By 1754, Datu
Bant i lan, brother of A l imudin, sent a package of Sulu so i l as
t r ibu te acknowledg ing tha t the Su l tan des i red the Su lu is lands
be reg i s te red to Ch ina but i t was opposed by K ing
41
Luisong Tagean. Instead, what was to be done was that the
Continent of China be registered to the Islands of Maharlika in
respect to the King Luisong Tagean considering by nature that
China continent has been embraced by natural plate of the
archipelago which were proven by the historic payment of taxes of
the Chinese from mainland led by Emperor Yung Lo as tribute to
the King.
For long long years of glorification and habitation to the
archipelago, the Noble Clan had reverted the land of Mindanao to
his cousins, the three (3) Sultans of Mindanao represented in the
persons of Sultan Kiram Sinsuat, Sultan Hadji Kiram Misuari, and
Sulu Sultan Muhammad Badar Un-Din. Relatively, chosen the seat
of the kingdom and was finally settled in the Lamayan District in
Sta. Ana, Manila, long before Malacanang had been constructed by
the conquistadors, where Lamayan name was also derived from the
noble Lacan’s wife, Lamayan Bowan, having several descendants
and were honored as Rajas to their respective territories and sets
Tagean Royal Guard to protect 50,000 inhabitants l iving in the
Islands of Sabah which is part of Phil ippine territory. These noble
Rajas covered the ent i re Luzon, V isayas and some in the
Is lands of Mindanao a lso to help for the pac i f icat ion of the
soc ia l disturbances which exist up to the present created by the
Muslim inhabitants, who were discontented of their plight in their
l ives which are displaced due to the reason that their lands were
conf iscated by the f r iars . The second e ldest son of K ing
Luisong Tagean was named Rajah Sol iman, the one who
contro l led the ent i re area of Mani la and i ts suburbs
42
Including the Provinces of Rizal, Cavite, Batangas, Laguna, and the
Kar i laya Prov ince (now Quezon), Rajah Lakandula, another
grandson of the king, took over Tondo during the untimely demise
of Rajah Soliman. The third eldest grandson, Rajah Gat Mauban
Tagean, who was married to the daughter of Bornean Sultan Abdul
Kahar, the sixth Sultan of Brunei. Rajah Solaiman Tagean and his
wife, Princess Tarhata Acuna Kahar Acuna, have their begotten son
and was baptized into his name Prince Lacan Tagean, was adapted
from his grandmother Margarett Acuna, Macleod Tagean. In the
same manner, Prince Lacan Tagean Tallano has begotten son, as
Prince Julian Macleod Tallano, and their descendants Rajah Magat
Salamat, who, took over the area of Cagayan Valley. Rajah
Baginda, the another grandson, had covered the area of Bohol,
while another descendant, Rajah Kabingsuran, took over the area
of Southern Mindanao, and Rajah Lapulapu, the eldest son of King
Luisong Tagean, took over the area of Mactan Island. Another
grandson of the King was Rajah Kolambo, the ruler of Limasawa,
and Rajah Humabon, the 8th grandson, was the ruler of Cebu
Island, and Rajah Sikatuna, another of the King assigned as the
ruler of Bohol, while Rajah Gat Mauban Tagean, the youngest
grandson of the King took over eastern part of Quezon including
Mauban, Sampaloc and Lucban to protect the interest of his
grandson Vicente Lukban.
With the co l laborat ion of the t reacherous F i l ip inos,
Legazpi succeeded to occupy Mani la that caused Rajah Sol iman,
the King ’s son, f led to nowhere but to the forested area
of S ierra Madre toward Malays ia and marr ied to the
43
Beautiful daughter of Alfred Dent, Mary Anne Dent and during his
absence that made his relative, Rajah Lakandula, took over Tondo
and welcomed Legazpi and helped in rebuilding the City of Manila.
Governor General Miguel de Legazpi, before his death by his effort,
Royal Decree of 1572 has been issued under the Council of the
Indies recognizing the Fil ipino’s patrimonial land and interest over
their ancestral lands including that of Tagean Clan over Hacienda
Quebega and the entire archipelago, the Hacienda Fil ipina, which
was in the name of King Luisong Tagean, while, the purpose of
dominion over the Phil ippine Islands was merely for the
propagation of Christianism since the early Fil ipinos and even the
noble clan coincided with the belief that there is only one God, our
Father Almighty (Bathala) in Holy Trinity (Santisima Trinidad), and
under their Coran they called Allah.
The noble King Luisong Tagean thru his Rajah’s sons and
descendants, remained determined to recover the so-called Royal
lands, the Maharlika Island including Hacienda Quebega which
built out of their efforts, resources and labors of several
thousand of years of rearing it for man’s habitation to suit the
needs of the inhabitants in the island. Yet, their war against the
autocratic government of Spain was of no end, much mire, they
poured more resources, efforts, energies and with their warriors
including the arms uprising of their farm ti l lers to pursue
rebell ions for the realization of their aspiration, the ultimate
recovery of their Royal Land and the independence of the island
from any foreign dominion. The war outburst by the first Fil ipino
44
revolt in the year 1574 led by Rajah Soliman’s cousin, Rajah
Lakandula, then his nephew, Magat Salamat, the son of Rajah
Lakandula, who led the arm uprising in Cagayan Valley. Rajah
Lakandula helped Miguel de Legazpi in pacifying Central Luzon
toward common goal of Peace Treaty, but the said Peace Treaty
between the noble clans and the Spanish government
deteriorated during the untimely death of Governor General
Miguel de Legazpi and had signaled the resumption of Fil ipino
revolution against Spanish invaders by reasons of human abuses,
injustices and unjust confiscation of private wealth and
properties including ancestral lands of the inhabitants, the
Moslems, and particularly the noble clans. The said Fil ipino
revolts followed by Magalat Revolt in Cagayan conspired by
another King’s descendants, Felipe Catabay and Gabriel Dayag,
followed by Tamblot Revolt in 1621 which followed to ignite into
rebell ion by the Bankaws Rebell ion in 1622 staged by another
King’s descendant in the person of Fernando Silang, the
grandfather of Diego Silang of Ilocos Sur, then later followed
by another Lakandula’s descendant’s revolt known as the
Ladia Revolt in the year 1643 that inspired the outburst of
Sumoroy arms uprising in the 1649. This was followed by
the King’s descendant in the name of Francisco Maniago,
who led the Maniago Revolt in Pampanga in the year 1860.
The rebell ion escalated to wider area of the archipelago
up to Mindanao to recover the Land of Promise in favor
of his Muslim relatives the Sultans of Southern Mindanao.
Another revolt by King’s descendants was staged in the
person of Andres Malong who led the revolt in Pangasinan in
45
the year 1660-1661 where he declared himself the king of
Pangasinan with the confirmation of the noble clans, and followed
by King Luisong’s grandson’s rebell ion in the name of Francisco
Dagohoy who initiated the rebell ion in Bohol in the year 1744-1820,
the longest revolt during that time that had been followed by the
Agrarian Revolt, comprising the farm ti l lers of the Noble Clan all
over the island which was known as Agrarian Revolt in the year 1745.
To augment the efforts in rebell ion successfully, Prince
Julian Macleod Tagean (Tallano), son of Prince Lacan Tagean
Tallano, who was married to a beautiful daughter of a sixth Sultan
of Brunei, Princess Aminah Kiram, her father Sultan Abdul Kahar
and whose family name was baptized from Tagean into a Spanish
sound name, Tallano, redeemed the island from the U.S. government
in the amount of US$20 mill ion mortgaged by Spanish government
and sought succor from British empire in the year 1761 that
resulted into a Military siege over the Islands by the British Royal
Army the dawn of October 5, 1762, that made the island rescued
and freed totally from Spanish dominion in honor of the Noble
clan, the Tagean-Tallano family had resulted for a period of seven
(7) years British occupation in the archipelago. The date of the
successful invasion of the British Royal Army in helping the Fil ipino
revolts and Tagean clan aspiration had augmented the mourned to
death of the Noble King Luisong Tagean in December 17, 1764
who left of nothing but noble teachings, this bounty of bull ion
of gold, 720,000 metric tons, as legacies to his Royal children
and descendants and to the inhabitants of Maharlika Island,
46
now, Phil ippines, love to God, his Creator above all, love also to is
clan, to his fellowmen and to his land he lives in with compassion
in the preservation of justice for all and with equal access for
divine graces and opportunities toward common survival from
adversities in l ife were the golden teachings in his kingdom was
paramountly important. The efforts of Manila Liberation attributed
to the Noble Clans by the Royal Mil itary of Great Britain bear the
fruit to l iberalize the island from Spanish government in the
archipelago. The Noble King Luisong Tagean, almost nine (9)
months after the issuance of the Declaration of the said Treaty,
died in peace with happiness in heart could be reflected therein on
December 17, 1764, exactly at 270 years of age upon learning the
positive fruits of his efforts which was the issuance of Land Title
over the archipelago in his honor issued by the British government
embracing 7,134 islands embracing around 503,877 square nautical
miles under OCT No. T-01-4 for and in the name of his grandson,
Prince Lacan Tagean on December 17, 1764 and later to 16 years
old Prince Julian Macleod Tallano in 1864.
What the Spanish historian claimed that the Phil ippines
was discovered by Magellan in honor of the King of Spain was
entirely misleading and full of deception because said claim was
only an avenue to justify the declaration of CESSATION TREATY
between the American and Spanish governments involving the
Islands of the Phil ippines, Guam, Puerto Rico and Cuba in the
amount of $20 mill ion U.S. dollars. This is in consequence of the
orchestrated battle between the two led by leaders of the
47
two countries in the Phil ippines in the early dawn o August 13,
1898 while, the truth of the matter, the said dramatized war
should not have happened because of a PROTOCOL FOR PEACE
between the two countries, Spanish and American, had been
signed on August 12, 1898 signifying the truth that both Spanish
and American governments were noble to agreed commitment for
peace in the Orient upholding the true spirit of democracy in the
Island of Manila, now Phil ippines, in as much as neither the U.S.
nor the Spanish government knew about the il l-motive of Admiral
Dewey and Spanish Royal Army General Montojo. Their guns,
ammunition and their cannons started shell ing the City of Manila
leaving several thousands of Fil ipino casualties after the traitor
American Admiral and General Montojo of the Army of the Royal
Crown of Spain, the expected defender of democracy intentionally
cut all the way out of the communication connecting the
archipelago to the United States of America, that deliberately gave
birth to the CESSATION TREATY OF THE U.S.A. and of the Spanish
Crown which includes the conditions among other things as
follows:
1. The ceding of the Phil ippines, Guam, Cuba and Puerto Rico
by Spaniards to the United States
2. Payment of $20 Mill ion U.S. dollars to the Spanish
government by the United States of America, appearing not
as purchase price but only as generous gesture to American
victory over its enemy while Spain had secured loan to
finance its war for invasion to the Philippines but consequently
causing another Fil ipino war against Americans for
48
independence that, in deed, Spanish government’s general
conspired with the U.S. Admiral Dewey defeating the truth
that Spanish government has been losing to the Fil ipino
revolutionists on the time that the archipelago had been
acquired by the American from the Spanish government.
The CESSATION TREATY between the United States of
America and the Spanish government ceded the Phil ippines, Guam,
Cuba and Puerto Rico in the amount of $20 mill ion U.S. dollars is
abusive in character because the Spanish government had no
authority to cede the Phil ippines to the United States of America
on the mere ground that the war between the two countries was
merely a vaudevil le one, besides, beforehand, the entire
archipelago then by the strength and help of Great Britain
absolutely conquered and liberated by the British Royal Armies and
Fil ipino warriors after it worked the virtue of PEACE TREATY
between Great Britain and the Spanish Royal Crown which was
signed on March 31, 1764, where the paramount conditions of the
Treaty was an absolute respect to the Fil ipino private property
including their ancestral lands that directly controverted the
alleged Spain’s rights to the Phil ippines which were acquired by
conquest and physical occupation. Yet, claiming the Phil ippine
archipelago became the property of the King of Spain was barred
by Peace Treaty between Great Britain and Spanish Royal Crown.
American ownership over the archipelago was no force and
effect even the HHC Law, better known as Harvey-Harding
Cutting Law, which was passed authorizing the restoration of
49
American ownership over the lands including that of private
property in the Phil ippines for American government Military
Reservation and other purposes because said law had been vetoed
by U.S. President Harding requiring its further review and this was
caused by a re-passing by U.S. Congress with overwhelming votes
for an inclusion of a provision that said HHC Bil l be accepted by
Fil ipino legislators of by the Fil ipino people in a plebiscite. In Lieu
of the congressional initiatives over the Phil ippine Islands, the said
HHC Law had been rejected by the Fil ipino legislators because it
totally deprive the basic rights of the Royal Family, the Tagean-
Tallano clans, and the Fil ipino people over the lands in the
Phil ippines.
Indeed, long before hand, ownership of the Noble Clan, the
Tagean-Tallano Clan, over the archipelago had been concretely
rectified upon the creation of the Supreme Court in 1580. It
decided the said case under the Royal Audiencia initiated by
Governor General Miguel de Legazpi in 1572 where said Royal
Decree of 1572 had been issued requesting ownership of the Royal
family to the entire archipelago with exemption that the Island of
Mindanao be reverted back to the Noble King’s cousins; the three
(3) Sultans of Mindanao led by Sultan Sinsuat, Sultan Hadji Kiram
Misuari and Sultan Sirongga, now in the name of Princess Aminah
Tarhata Kiram, the granddaughter of King Luisong Tagean,
particularly the Land of Promise, the Island of Mindanao, that
should be inherited by their relative Moslem families. The creation
of the Royal Audiencia establishing a Supreme Court in the
Phil ippines had been successfully done on May 5, 1583
50
followed by the issuance of Supreme Court decision deciding that
portion of the Island of Mindanao were absolutely owned by the
three (3) aforementioned Sultans allowing their Muslim brothers to
own portion of land they live in with preference over their
Christian brothers.
The Spanish cohorts who have eager interest to grab the
lands of the Noble family remained in their influence that caused
the passage of the HHC Law but was turned down by both U.S.
Congress and Phil ippine legislators. Such evil intent had never
ended and the same were inherited by those of similar intention
like the Spanish Mestizo/Fil ipino families in the Phil ippines.
These Spanish Mestizo Fil ipinos even sought seats in the
Phil ippine Congress and key positions in the Phil ippine
Commission like the Tuazon, the Ortigas, and the Aranetas. They
eventually established similar polit ical interest in the Phil ippine
Commonwealth that caused the passage of repressive laws. Its
focal objectives were to dispense the interest of the Noble Family
over the Royal properties besides of their intention to manipulate
the records of the said lands to follow suit their own interest and
to maneuver for the re-issuance of another Titles that would
subside the Titles of OCT No.T-01-4 of the Royal Clan over the
subject parcel of lands. These repressive laws were as follows:
R.A. 2259 better known as the Cadastral Act of March 14, 1914
and the Republic Act 496 better known as the Land Registration
Act of 1902, but these laws, later on, were found to be
ineffective considering that the land had been covered by
eligible good Title probative origin, under OCT No. 01-4
51
which was found registered anew in the name of Prince Julian
Macleod Tallano-I, the father of Don Esteban Benitez Tallano, the
descendants of King Luisong Tagean. The said OCT, which was
issued in 1764 in the name of Prince Lacan Acuna Tagean by the
British Royal government and which were appealed in the Royal
Audiencia in 1572 by Don Hermogenes Rodriguez and his brother
claiming the said Island was a reward to their grandfather, a
General of Spanish army, Rodriguez de Figueroa, gained fruitless
efforts but, later on, under the Spanish Encomienda system by the
order of the Royal Audiencia, the decision had been maintained on
the year 1864 to and in favor of Prince Julian Macleod Tallano, the
grandfather of John Tallano Macleod. Now, the issue as to the
legality of ownership of the American government over the subject
land was whether or not said land is lawful to be inherited by the
Phil ippine government from the U.S. government. Certainly, based
on the evidences and circumstances, the ownership of the
Phil ippine Republic and its government over the subject noble
lands was void and unconstitutional even if the basis was a
Phil ippine Constitution of 1935 but neither the Malolos Constitution
could warrant the legality of Phil ippine government ownership over
the said lands on the reason that U.S. government acquired
unlawful rights over the land, the same, it thwarted the evil
interest of the Republic of the Phil ippines over the subject Royal
properties, the entire archipelago and Hacienda Quebega. OCT
No. T-01-4 represents the whole archipelago and represents four
(4) regions: Luzon, Visaya, Palawan-Zamboanga embracing
(Tagean) Kalayaan and Sabah, and that Mindanao Region.
52
The Phil ippine government under LRC/Civil Case No. 3957-
P controverting the evidences of the plaintiff and the defendants,
namely: the Macario Rodriguez and heirs, Wilson P. Orfinada and
heirs, Hermogenes Rodriguez and heirs, Fortunato Santiago and
heirs, Pedro Roxas and heirs, the Administrator of San Pedro de
Makati, the Triple and Pasay City Estate, the Don Mariano San
Pedro Esteban and heirs, Jose M. Tuazon and Lourdes Tuazon
and heirs, Dominador de Ocampo Buhain, Jose de Ocampo and
heirs, the Administrator of Maricaban Estate, Patricia Tiongson,
Ponciano Padil la, et. al., during the hearing and part of the
government’s position paper and documentary evidences,
including those of circumstantial and testimonial evidences which
were submitted in the Sala of Honorable CFI Judge Enrique A.
Agana, Branch 28, CFI, Pasay City, it re-affirmed the legitimate
claim of the Tallano supported by the following evidences, to wit:
1) OCT No. 01-4 in Certif ied True Copy procured by the
Office of the Solicitor General and marked as Exhibit E-1
(back of Title) which said Title is in the name of Prince
Lacan (Tagean) Tallano and the same was on fi le in the
Honorable Register of Deeds Office in Morong (now Rizal)
and had been transferred to the Province of Manila and
lately to the Bulacan Register of Deeds, due to the fact
that Malolos became the last seat of Phil ippine
government.
53
2) TCT No. T-408, in Certif ied True Copy, procured also by
the Office of the Honorable Solicitor General in the name
of Don Gregorio Madrigal Acop, issued by the Register of
Deeds of Pasig marked as Exhibit A. Exhibit A-1 (back of
the Title), and made as integral part of the Republic of the
Phil ippine’s Position Paper.
3) TCT No. T-498 in the name of the Don Esteban Benitez
Tallano, a Certif ied True Copy, issued to the Office of the
Solicitor General by the Honorable Register of Deeds of
Malolos, Bulacan marked as Exhibit E. Exhibit E-1 (back of
the Title) and made as integral part of the Position Paper
of the government, the Republic of the Phil ippines.
4) Tax Declaration of the Real Property in the name of Don
Gregorio Madrigal Acop issued in a Certif ied True Copy by
the Office of the Provincial Assessor in Pasig for in the
name of the Honorable Solicitor General and marked as
Annex B and made as integral part of the government’s
Position Paper.
5) Tax Declaration of the Real Properties covered by TCT No.
T-498 in Certif ied True Copy in the name of the Don
Esteban Benitez Tallano issued by the Provincial Assessor
of the Province of Morong, now Rizal, but it was
transferred to the Provincial Assessor of the Province of
Bulacan as requested by the Office of the Honorable
Solicitor General and marked as Exhibit C and the same
was made integral part of the government’s Position Paper.
54
6) Certified Approved Plan II-69, Decree No. 01-4 Protocol
embracing the whole archipelago of the subject real
properties for in the name of Prince Julian Macleod Tallano
covering the properties under OCT No. T-01-4 and marked
as Exhibit B, and made as integral part of the
government’s Position Paper.
7) Certif ied Approved Plan PSU 2031, Decree No. 297 of the
Real Properties under TCT No. T-408 for and in the name
of Don Gregorio Madrigal Acop containing an area of
125,326.37 hectares marked as Exhibit E and made as
integral part hereof for the Position Paper of the Republic
the Phil ippines.
8) Certif ied Approved Plan PSU 2031, Decree No. 297 of the
Real Properties under TCT No. T-498 for and in the name
of Don Esteban Benitez Tallano covering an area of
271,276 hectares, marked as Exhibit F as requested by the
Honorable Solicitor General and made as integral part of
the Position Paper of the Republic of the Phil ippines.
9) Cash Vouchers marked as Exhibit A-2 to A-19 as evidence
of yearly rental of the Republic of the Phil ippines to the
land owners, Don Esteban Benitez Tallano and Don
Gregorio Madrigal Acop. Said documents were issued by
the Office of the President in the year 1966 upon the
request of the Office of the Solicitor General and made as
integral part of the government’s Position Paper.
55
10) Sworn Affidavit Paragraph C of Hon. LRC Deputy
Administrator Gregorio Bilog, Jr., which was incorporated
in a government’s Position Paper declaring that OCT No.
01-4 which was registered in the name of Prince Lacan
Tagean Tallano forged in favor of Hermogenes Rodriguez,
marked as Exhibit H and made as an integral part of the
government’s Position Paper.
11) Paragraph D of government’s Position Paper declaring the
following TCT’s as fraudulent no probative value, such as:
OCT 4136, OCT 369, OCT 408, OCT 498, OCT 779, OCT
333, OCT 291, OCT 160, OCT 242, OCT 632, OCT 339, OCT
2410, OCT 393, OCT 543, OCT 632, OCT 549, OCT 847,OCT
730, OCT 735, OCT 614, OCT 529, OCT 291, OCT 994, and
the TCT No. 2288, TCT No. 30226, TCT No. 8037, TCT No.
56339, TCT No. 281827, TCT No. 281828, TCT No. 302226,
TCT No. 409, TCT No. 478, and that OCT No. 1 up to OCT
No. 4085 and OCT No. T-4086 to TCT No. T-100,000 which
were declared null and void by LRC Administrator Antonio
Noblejas and was reciprocated by circumstances and
severally upheld by the Supreme Court in later years and
made as integral part of the Position Paper of the Republic
of the Phil ippines.
12) That Certif ication of NBI Director Jolly Bugarin. With his
Sworn Affidavit marked as Exhibit D-34 and made as
integral part of the government’s Position Paper
manifested that all Land Titles marked under Exhibit D-1 to
D-33 were fraudulent and derived from spurious origin.
56
13) Sworn Affidavit which was incorporated in government’s
Position Paper, Paragraph E of Hon. LRC Administrator
Antonio Noblejas declaring that both TCT No. T-408 and
that TCT No. T-498 were eligible and with probative
values in favor of the land owners, Don Esteban Benitez
Tallano and Don Gregorio Madrigal Acop, marked as
Exhibit J and made as integral part of the government’s
Position Paper.
14) Paragraph F of the government’s Position Paper
manifesting that Royal Decree of June 25, 1880, Article 4
and Article 5, declaring the subject properties under TCT
No. T-408 and that TCT No. T-498 for and in the name of
Don Esteban Benitez Tallano and Don Gregorio Madrigal
Acop including that Hacienda Fil ipina under OCT No. 01-4
marked as Exhibit G and made as integral part of the
government’s Position Paper, are exempted from the
requirements set forth in the said Decree considering that
such land are private property by origin own by the clan.
15) Paragraph H of the government’s Position Paper, marked
as Exhibit L and made as integral part of the government’s
Position Paper manifesting and declaring that Royal
Decree of 1571 and July 15, 1881 and October 26, 1881
and that the Maura Law. Known as Royal Decree of
February 17, 1894 had recognized the eligible ownership
of the land owner, Prince Lacan Tagean Tallano and
eventually to Prince Julian Macleod Tallano I, over the land
57
covered by OCT No.01-4, thereby the said land had been
exempted from expediencies and/or adjustments of its area,
considering that the subject land had been titled so long
under virtue of Royal Decree 01-4 protocol as adopted by the
Royal Audiencia in the Philippines and had recognized as well by
the Phil ippine Commission then, considering further that the
subject land, the same had gone under the trial of R.A. 2259
that tested the credibil ity of land area and its eligible
ownership over the land.
16) Paragraph I of the government’s Position Paper declared that
Don Esteban Benitez Tallano and Don Gregorio Madrigal Acop
died during the Japanese Occupation and left no will and
legitimate heirs whosoever, but it was controverted totally
and denied by rebuttal evidence of the Intervenors because in
due time, the subject Heirs were summoned and appeared
physically in open court.
17) Paragraph G of the government’s Position Paper declared
that both Hermogenes A. Rodriguez and Miguel Antonio A.
Rodriguez left the country on the year 1932 in Sine Libires in
contrary, the same was not been rebutted by the heirs of the
Rodriguez.
18) Paragraph K of the government’s Position Paper manifested
with Supreme Court Chief Justice Jose P. Laurel dissenting
opinion, it declared all Presidential Proclamations,
Executive Orders, Letters of Instructions and Decree of any
purpose or purposes had no force and effect over real
properties covered by Torrens Title for and in the
58
name of private persons in the absence of just
compensation.
19) Certif ied Copy of the excerpts from the sworn testimonies
of NBI Director Jolly Bugarin before the Senate Blue
Ribbon Committee headed by the Ex-Senate President Gil
Puyat and made as integral portion of the government
Position Paper divulging several Modus Operandi of those
in the LRC-Bureau of Lands before in conspiracy of those
influential group in the government in the massive
issuance of fake land titles affecting the titles of the
Tallano, OCT No. 01-4, TCT No. T-498, and that TCT No. T-
408 in the name of Don Gregorio Madrigal Acop, in favor of
the land grabbers and oligarch real estate developers as
they were benefited by those who could pay lucrative sum.
The Modus Operandi are as follows:
The grand design, land grabbing of the LRC-Bureau
of Lands in conspiracy with their cohorts-Real Estate
Developers has caused the root of some 20 mill ion fake
land titles over the subject lands under the following
procedures:
SCHEME I
1) Issuance of new Approved Survey Plan in Pre-patent.
2) Issuance of Pre-patent Original Certif icate of Title
at a price of P5.00 per square meter and
for better price, the LRC-Register of Deeds
people mutilate Pre-patent OCT for the
59
immediate issuance of Transfer Certif icate of Title in
the name of the conspirator-fraudulent land owners.
SCHEME II
1) Issuance of ante-dated Approved Survey Plan with
micro-fi lm.
2) Issuance of ante-dated Decree over the subject land
with some Spanish character and language.
3) Issuance of ante-dated OCT to TCT in exchange of
P20.00 to P30.00 per square meter depending on the
location of the land with Spanish character and
language.
SCHEME III 1) Issuance of ante-dated Approved Survey Plan with
micro-fi lm.
2) Issuance of ante-dated Decree.
3) Issuance of ante-dated Title from OCT to TCT in
exchange for P30.00 to P40.00 per square meter. For
those who cannot pay in spot cash, the applicant wil l
be required to pay fifty (50) percent down payment
and the Land Title would be released in exchange of
Letter of Guarantee of Payment by the financing
private bank or, most of the time, by the government
financing institution thru the recommendation of those
influential persons from Malacanang Palace, then.
60
SCHEME IV 1) Issuance of ante-dated Approved Survey Plan in the name
of LRC-Bureau of Lands employees, cohorts and relatives.
2) Issuance of ante-dated OCT and then TCT in the name of
their cohorts and relatives.
3) Then sells the land to the developers or buyers.
4) Beforehand, the developers-claimants would be engaged
in the hiring of professional squatters to occupy the area
before the document of ownership is processed to
guarantee the occupancy of the land.
SCHEME V (for those influential persons in the government)
1) Issuance of government infrastructure permit to the
applicant to occupy the land.
2) Fencing and install ing paid security personnel.
3) Through recommendation of Malacanang authority,
applicants procure development loan from government
financing institutions and eventually for approval by mere
presentation of the following:
a) TCT from fake origin to procure
1) Building permit with Project Plan
2) Authority to Develop and permit to Sell issued
by the Department of Public Works Building
Permit Division and the Human Settlement
Regulatory Commission (HSRC)
61
3) Most of the developers absconded the funds
that had released under bank loans to
diversify into another project but some
pursue the development as regular business
l ike those thriving real estate developers
who became mill ionaires under the blessings
of these schemes to the predicament of the
legitimate land owners, the Noble Clan, and
finally to the damage of the General Public.
Apparently and inevitably, an affirmation of Tallano’s
ownership over the land, Hacienda Fil ipina has been given further
consideration reaching the question, on what legal interest
anchored to the subject lands that the Republic of the Phil ippines
could show better right than the ownership of the legitimate
claimants, Don Esteban Benitez Tallano and Don Gregorio Madrigal
Acop and heirs of the Tallano and Acop? On this legal point of
view, while based on the evidence OCT No. T-01-4 was in the
name of Prince Lacan Acuna Tagean Tallano, the government never
possessed said better ownership and legal rights over the land
than what the heirs having as much as the legal heirs remained
physically fit, alive and kicking and controverting strongly the
deceptive allegation of the Republic of the Phil ippines that the said
owners and heirs over the subject land were dead and no survivor
to claim it so it should necessarily be reverted to Public Domain,
are allegations full of deceptions and purely hearsay.
62
Besides, the legal ownership rights of the Tagean-Tallano
Heirs are fully supported by strong evidences of ownership over
the land adapting the evidences of the Republic of the Phil ippines
but the claim for ownership by the government and that paragraph
I of the government Position Paper over the same subject land has
been strongly opposed under the Principles of PRIUS TEMPORE
PORTIUR JURI by the Tallano-Acop considering that no less than
the AMICUS CURAE and this Court were the ones that confirmed
the legitimacy and the physical evidence of the said land owners
besides, the alleged expropriation by the government over the
subject land in favor of the legal owners/heirs had not been
consummated that forced the Phil ippine government to fi le a
Motion for Issuance of a Separate Decision with Compromise
Agreement with the lawful owners to protect the land actually
occupied by its government buildings and its agencies offices,
including local government offices and instrumentalit ies.
Besides, the allegation of the Hon. Solicitor General to
settle ownership first once and for all over the land covered by
OCT No. T-01-4 and including necessary reconstitution of lost
owner and duplicate copies of the original, OCT No. T-01-4
relative to the Case as they are accusing this Honorable Court for
NON SEQUITOR is purely blatant l ie and deception beyond the
basis of truth, because movant himself, through its Hon. Solicitor
General, failed and continuously fail ing to prove its better and
stronger rights over the land in question against the rightful
owners’ evidences, its merit is undoubtful on the reason
63
that the same had been used as government’s evidences against
the plaintiffs and the defendants in the case at bar. So, now,
how can we subscribe such evidences that had been used by the
government for its interest and defense as reflected in its
position papers that the same evidences had been presented by
the Tallano’s heirs as its primary evidences are fraudulent in
character? Can it be that the government a direct source of
f raudulent ev idences? Certa in ly not , accord ing to LRC
Commissioner Antonio M. Noblejas. Therefore, the government
should be barred by Statute of Limitation and/or Estopel for
pubic interest, since people demand honest services from the
government. As hereunder were derived from the text of the
government Position Paper, pages 2 and 3, read as follows: That
neither the plaintiffs Orfinada or defendant Macario J. Rodriguez
or any party in interest herein mentioned has valid rights over
the land in question in as much as the subject lands containing
an area of around 125,326.37 hectares, evidenced by TCT No. T-
408 duly registered in the name of Don Gregorio Madrigal Acop in
the Register of Deeds of Pasig for the province of Rizal. And the
land is not covered by OCT No. 4136 as earlier claimed by the
heirs of Don Mariano San Pedro Esteban, nor it is covered by OCT
369, OCT 735, OCT 333, OCT 33, OCT 543, OCT 844, OCT 730,
OCT 734, OCT 994, OCT 614, OCT 820, OCT 779, and no other
Titles except that OCT T-01-4 and that TCT No. T-408 and TCT
No. T-498 as c la imed by the Republ ic of the Phi l ipp ines whi le
the truth of a l l , sa id TCT No. T-408 had been der ived from
OCT No. 01-4, the only Or ig ina l Cert i f icate of T i t le that
embraced the whole archipe lago inc luding the areas of
64
Visayas and Mindanao, the paramount Title of them all. And that
all Land Titles in OCT that has a number from 01 to 100,000 which
was amended from OCT 01 to OCT No. 10,000, should be cancelled
for being fraudulent Titles, yet, means not existing at all except
that OCT 01-4 which was registered in the Province of Morong
then, the copy of the eligible and original one, but was altered in
Batangas Register of Deeds as OCT 0-14 in l ieu hereof as the
fundamental foundation of truth. Even then, the same, said OCT
No. 01-4 with presence of those land titles, it cannot deform nor
destroy its probative value for the rightful owners under the
Principle of Torrens System. Annex A, a Certif ied True Copy of
TCT No. T-408 that was issued by the Register of Deeds of Pasig
for the Province of Rizal and not of the Register of Deeds of
Quezon City as earlier alleged by the defendants, Ortigas and
Company, Tuazon and Co. Partnership, Dominador de Ocampo
Buhain, Pedro Roxas heirs, Hermogenes Rodriguez heirs, Patricia
Tiongson heirs, Eulalia Ragus’s heirs, Don Mariano San Pedro
Esteban heirs, while other defendants failed to fi le their answers
within the reglamentory period. However, Dominador de Ocampo
Buhain, the claimant of the same area under an allege OCT No.
779 which was marked as Annex A and at the back of it was marked
as Annex B and had made as integral part hereof were found with
similar nature and no force and effect. The annotation of the
Deed of Absolute Sale, however, that covers the portion of the
subject lands under TCT No. T-408 in the name of Benigno Toda of
the Phil ippine Airl ines for his 75 hectares he acquired from Don
Annacleto Madrigal Acop are hereto attached as well. While the
65
Intervenor Julian M. Tallano, who acquired an area of 15,195.933
hectares together with the area he acquired in the Province of
Cavite containing around 94,666.37 hectares from his grandfather,
Gregorio Madrigal Acop, are hereto attached and made as an
integral portion hereof.
Paragraph D of the government Position Paper which reads as
follows:
That another TCT No. T-498 and not TCT No. 409 as the Rodriguez
claims, embracing the land area of around 271,276 hectares,
covering the same towns of the Province of Morong, now Rizal,
Bulacan, Quezon – Karilaya before includes Dingalan, Real, Infanta,
Nakkar, including that of the Greater Manila Area, the whole of
Cavite, Quezon City, Kaloocan City, portion of Bumbon, now
Batangas, l ike Laurel, Taal, Lemery, Talisay, Nasugbu, Lipa,
Navotas, Malabon, Meycauayan, Valenzuela, Sta. Maria, Norzagaray
San Jose del Monte, Angat, and Bocaue, for the Bulacan, Taytay,
Morong, Pil i l ia, Jala-jala, Baras, Teresa, Tanay, Cardona, Angono,
Antipolo, Cainta, Marikina, with the same Land Title was derived
from OCT No. 01-4, a Land Title of probative value which was issued
by virtue of Royal Decree of 1764 and was rectified by the Spanish
Mortgage Law in the name of Prince Lacan Acuna Tagean Tallano.
Indeed, it had no other Land Title except of the above and, if there
be like these allege OCT 4136, OCT 735, OCT 820, OCT 904, OCT
33, OCT 844, OCT 333, OCT 160, OCT 291, OCT 209, OCT 498, OCT
4085, OCT 543, OCT 2573, OCT 614, OCT 393, OCT 374, OCT 730,
OCT 632, and that all OCT from 01 to OCT 4085 then from OCT 4086
to OCT 100,000 which were confirmed by the Land Registration
66
Commission (LRC) and the NBI as fraudulent Land Titles upon
Motion of the LRC thru the Solicitor General, the same Land Titles
were declared null and void ab initio, an enough ground to cancel
these Titles. It was on the part of this Honorable Court to order
the Register of Deeds of the places where the lands are situated to
cancel and null ify the aforementioned Land Titles which remained
enforceable against the legitimate Land Title OCT No. T-01-4
eroding the stable and sound foundation of Torrens System.
And if ever these fake Land Titles are on fi le with the said
Registry of Deeds of the place where the land is located
necessarily the concern Register of Deeds should cancel the
same for conveyance in favor of the rightful owners, the Tallano,
et.al. The Certif ied True Copy of the said TCT No. 498 was duly
presented by the Office of the Register of Deeds of the Province of
Bulacan by virtue of the Motion of the Solicitor General, attending
for the issuance of Subpoena Duces tecum to the Hon. Register of
Deeds is hereby marked as Annex E and E-1 at the back of the
Title. While that Annex D to D-19, photocopies of the Titles of
the land in question and lawfully issued by the perpetrators in
the LRC and of the Registry of Deeds of the concerned towns
and municipalit ies and by the province that covers the areas,
evidenced by the Certif ication from the LRC Records Section,
pertaining to the above cited Land Titles including the
fraudulent copy of OCT No. 01-4 which is far identical from
the copies of the eligible one, that was falsified and had
presented by the alleged heirs of Hermogenes Rodriguez had been
marked as Annex H. And the same had been declared by this
Honorable Court as null and void and are cancelled Land Titles ab
67
In i t io . The same which were marked as Annex C and Annex
D to D-19 are hereto attached and made as integra l part
hereof .
Paragraph E of the sa id Pos i t ion Paper of the
government, excerpt therefrom and read as fo l lows: That
both TCT No. T-408 and TCT No. T-498 are t i t les f rom or ig in
of probat ive va lue and were der ived from OCT No. 01-4,
embrac ing the whole arch ipe lago, Is lands of Luzon, V isayas,
Mindanao, and Palawan Peninsula embrac ing the Sabah
Is land and the Tagean Kalayaan Is lands for a tota l of 7,134
is lands which mani fested that OCT No. 01-4 as i t presented
the whole arch ipe lago for that 01 and ment ioned four major
is lands represent ing 4, or in c lear idea, 01-4, and not only
embrac ing 7,100 is lands which was mistakenly def ined by
the 1935 Phi l ipp ine Const i tut ion. Sa id OCT that was issued
on the year 1764 had been rect i f ied by v i r tue of Royal
Decree 1864 which is bankable in accordance with Spanish
Mortgage Law together with i ts expedient Land Ti t les, TCT
No. T-408 and TCT No. T-498, which are Torrens T i t les in
character , per se (A Cert i f ied True Copy, authent ic and
genuine copy of sa id OCT No. 01-4 with the Cert i f icat ion
f rom the Record Sect ion of the LRC duly issued thru the
ef fort and request of the Off ice of the Sol ic i tor Genera l are
hereto attached and marked as Annex F and F-1 and are
made as integra l part hereof) .
68
Paragraph F of the government Position Paper excerpt
therefrom which reads as follows:
That the government has the sole absolute rights over the land in
question under Principle of Eminent Domain and by virtue of
expropriation proceedings the government has undertaken between
and in favor of the land owner, Don Esteban Benitez Tallano. As a
matter of evidence, Annex A to Annex A-19 are Cash Vouchers
amounting to P20 mill ion Pesos, showed the land owner receiving a
yearly rental of P1 mill ion from the national government for a
period of 20 years since the signing of the administration of the
late President Manuel Roxas in 1948 and ended in 1968
respectively for the use of the Balara Water Reservoir Facil it ies,
including other lots occupied by other government agencies,
including also the roads and highways that have been util ized for
public welfare, clearly manifested that the Republic of the
Phil ippines has a Pre-emptive Rights to buy said lands from the
land owner, Don Esteban Benitez Tallano, considering that said
land owner has been receiving a rental payment from the
government, yet, it should be treated as an initial payment of that
ongoing expropriation proceedings. Annex A to Annex A-1 to A-19
are hereto attached and made as integral part hereof.
Paragraph G of said government Position Paper, its context
excerpt therefrom, reads as follows:
Report of the Senate Blue Ribbon Committee, led and initiated
by Hon. Senate Pres ident Gi l Puyat, Sr . , who conducted
the investigation over the reported land scam to restore
the trust and confidence of the Fil ipino people over
69
the strength and wisdom of Torrens System in the country
subsiding said paramount interest while national security is at
stake participated and had connived with one another by the
employees of the Department Works and Highways, Building Permit
Division, those in the LRC and in the Survey and Record Section of
the Bureau of Lands, including employees of the Register of Deeds
of the affected towns and municipalities and the covered
provinces, in massive issuance of falsif ied Land Titles ranged from
OCT 01 to OCT No. 100,000 embracing the subject area to the
embarrassment of the national government which were taken
advantage by irresponsible Real Estate Developers, local and
barrio officials who were directly engage in the sell ing of rights of
the subject land by way of controll ing and fencing it, control it and
posted with bil lboards and sell it to the developers. The said
report marked as Exhibit G and was duly issued by the Record
Section of the Phil ippine Senate in the year 1968 and had made as
an integral part hereof.
Paragraph H of the government Position Paper, its excerpts
are read as follows:
Sworn Statement of LRC Deputy Commissioner Gregorio Bilog, Jr.,
attesting to the facts that there are actually massive issuance of
spurious Land Titles embracing the land in question which involves
not only 10,000 fake OCT but an estimated 100,000 fake Land
Titles in Original Certif icate of Titles were originated from OCT 01
to OCT 100,000, etc. not as previously divulged by the LRC ranging
from OCT 01 to OCT 10,000 but clearly in favor of the government
cohorts in exchange of lucrative sum which said anomalous titl ing
70
originated during the time of Antonio Noblejas and in connivance
of his staff, in the LRC then which were remained employed in the
LRC and earlier during the time of Zoilo Castri l lo, the designated
Administrator of the defunct Rural Development Administration
(RDA) later as ADMINISTRATOR OF LAND TENURE
ADMINISTRATION OFFICE who was tempted by mill ion amount of
pesos in someway that caused the massive issuance of Land Titles
of the subject lands, some in favor of PHHC then now on its new
propose name NHA after the pertinent papers and records relative
to OCT No. 01-4, TCT No. T-408, TCT No. T-498, together with
that PSU 2031 were depleted its area of coverage and altered in
favor of Maricaban Estate while II-69, the same, its records were
uprooted and were changed to another ones beside the technical
description of that Decree No. 297, the same were altered and
depleted into area of smaller coverage which has been confined in
Cavite Province alone defacing its credible and probative value,
and legal purposes were destroyed instead its greater coverage to
Greater Manila Area. And some data of the land were altered for
the interest of the conspirators-buyers of the subject lands. This
sworn statement of the witness had been marked as Annex H and
had made as integral part hereof.
Paragraph I of the government Position Paper where the
testimonies of former DOJ Secretary Salvador Marino then before
the Senate Blue Ribbon Committee and was used on the year
1968, and it stated that the government could not be a
source of fraudulent Land Titles denying vehemently the
accusation of the Tallanos on the simple reason that the
71
CONFIDENCE instituted to protect the welfare and interest of
the people and its citizenry. The government had issued only
one Land Title OCT No. 01-4 for the whole archipelago and that
its expediencies TCT No.T-408 for the whole Cavite, Greater
Manila Area, portion of Batangas, whole of Rizal and a portion
of Laguna and that TCT No. T-498 for some municipalit ies and
cities of the Greater Manila Area, portion of Rizal Province,
portion of Quezon Province and Bulacan, and there after if any
other Land Titles exist other than those Land Titles allege to be
fraudulent Land Titles in character and are null and void ab initio.
Particularly in Batangas Registry of Deeds, they issued OCT No.
0-14 to destroy the credibility of the Torrens Title OCT No. 01-4.
On the issued ra ised by the Hon. Sol ic i tor Genera l
perta in ing to a defect ive ownership of the Tal lano over the
subject land which was a l leged as unenforceable on the mere
reason that the vendor had not completed the requirement of
the sa le involv ing the subject land which is the phys ica l
de l ivery of the land ass igned to the Tal lano Heirs , sa id
argument is only appl icable for the sa le of movable property.
In a universa l acceptance involv ing rea l estate t ransact ions,
in consonance to a propr iety r ights and adapted doctr ine
enforced by the wisdom i f the Land Registrat ion Act , phys ica l
de l ivery of the land so ld by the vendor to the vendee is only a
matter of sat is fy ing the pr inc ip le of fee s imple which can be
done by way of execut ion of publ ic instrument on conveyance
and the corresponding registrat ion of the deeds, which is an
operat ive act that t ransfers and b inds the lands. The sa id
72
Procedure is well taken in a case, Bautista vs. Exconde, 70 Phil.,
398; and the same was enlightened many times by the Supreme
Court Decision in similar circumstance and finally actual
possession over the land acquired and purchased is merely
incidental to the ownership title. However, the same procedure
had been applied by the Tallano’s heirs, when they registered the
land area they acquired from the land owner, both Don Annacleto
Madrigal Acop and Don Esteban Benitez Tallano registered their
ownership by annotations at the back of the Title No. T-408 and
duly recorded in the Register of Deeds of Pasig in the Province of
Rizal, before the relevant documents were reported vanished.
The issue that the Titles, TCT No. T-408 and TCT No. T-
498, has no longer probative value on the reasons that the
Spanish Titles and Spanish Mortgage Law is supposed to be
abrogated for national interest, on salient point that said Land
Titles cannot facil itate the purpose of the true owners, said
argument is baseless on very reasons that, as manifested by the
Tallano’s heirs, said TCT No. T-408 and TCT No. T-498 could not
be affected by the laws which are not yet enacted even if for
national interest although it come from its origin of CCT No. 01-
4, Spanish Title per se, but said OCT No. 01-4 was registered on
October 3, 1904 so its corresponding Decree of Registration,
particularly Decree No. 297 and Royal Decree 01-4 protocol as it
had been issued on that same date confirming that the said land
had been covered by Land Registration Act 496. It clearly
connotes beside of that another Land Authority requirements
under Cadastral Act 2259, the subject land had been placed
73
for compliance so PSU 2031 and Plan II-69 for the whole
archipelago had been issued affirming that there were cadastral
survey over the estate and were approved on March 6, 1915,
March 4, 1916 and September 9, 1916, respectively clarifying
absolute ownership of the land owner, late Prince Lacan Acuna
Tagean Tallano. That said TCTs specifically TCT No. T-408 and
TCT No. T-498 furtherly are already land Titles in Torrens
character. Besides, any Law, Proclamation, Ordinances, Letter of
Instructions or Decrees have to retroactive effect over the land
evidenced by Torrens System. And the same OCT No. T-01-4 and
TCT No. T-408 and TCT No. T-498 cannot be null if ied in as much
as the judgment of the Land Registration Court had met the pre-
requisites of jurisprudence over the land case for registration and
had been rendered by the Judge who handled the land
registration proceedings in accordance with due process as the
requirement set forth by the law, Rule 132 and of Rule 135
defined by the Rule of Court of the Republic of the Phil ippines.
Going back to the main aspect of the Motion of the
Republic of the Phil ippines to resolve first ownership over the
said land covered by OCT No. 01-4 is tantamount of a petition for
the re-hearing of the case, a manifestation of rising the dead
from the tomb, in a clear sense which is obviously unconstitutional.
Ultimately, it is for a revival of the case which this Presiding
Judge had lost his jurisdiction over the case after the Decision of
the Land Registrat ion court had been f ina l ly dec ided and
correspondingly terminated upon issuance of Decree No. 297
74
PSU 2031 for the Greater Manila Area and that Royal Decree 01-4
Protocol with that II-69 executed and had been reaffirmed and
registered in the Land Registration Book and it had sustained by
operation of the law, which held on October 4, 1904 for the
issuance of Decree No. 297 in favor of the Tallano, which, in
deed, all rights and interests thereat embracing the land in
question were completely turned over to the Tallano’s Heirs. And
their Titles and interests prescribed in that judgment has
remained sustainable and enforceable in Coram Nobis. But let us
analyze the context of the provision of Sec. 1,Rule 52 and that
Sec. 1 and Sec. 3, Rule 121 of the Rules of Court, which read as
follows: Rule 52, Sec. 1, Motion for Re-hearing: A motion for
re-hearing or reconsideration shall be made ex parte and fi led
within fifteen (15) days from notice of final order or judgment.
No more than one motion or re-hearing or reconsideration shall
be fi led without express leave of court. A second motion for
reconsideration may be presented within fifteen (15) days from
notice of the judgment or order deducting the time from which
the first motion has been pending. Certainly, this is true in the
case o government against the rightful owner, said re-opening of
the case is impossible to be happened, otherwise, the Republic is
guilty of Res Judicata.
In the Motion of the Republic of the Phil ippines dated
March 8, 1971 to resolve the ownership over OCT No. 01-4 in
their favor in the absence of the legitimate heirs of Prince
Lacan Tagean Tallano which was denied on June 7, 1971 and
another Motion but the same was denied on August 19, 1971,
75
again, it was on their same allegation that Notice of hearing
had been received by their office only on May 7, 1971 were
clear manifestation for dilatory tactics of the government. Like
previously, as alleged, they only received said corresponding
Notices on April 19, 1971, yet, their constitutional rights, as
alleged, were buried for quite some time without the privilege
of due process. Said reasons were made as repeated alibis,
i l logical and irresponsible form of reasons but merely as an
scapegoat to their gross negligence because it turned out that
they were inconsistent to the existing court records pertaining
to proofs of mail and Sheriff ’s Services which were very evident
after the written certif ication of the Chief, Registry Division
Manila Postal Office that had been issued said notices were
delivered as evidenced by Registered mail with Return Cards
through the Manila Postal Service. Indeed, they succeeded for
the issuance of July 14, 1964 Decision null ifying above given
OCT from OCT No. 01 up to OCT No. 100,000 in favor of the
Republic only, I repeat, the Decision had been reversed by way
of Intervention fi led by the Heir of Don Esteban Benitez
Tallano, in the person of Benito Agustin Tallano, opposing not
the cancellation over the fake Titles, per se, but the award of
reconveyance to the Republic of the Phil ippines by reason of no
eligible heirs of the true land owner.
We can not furtherly sustain the argument of the Hon.
Solicitor General as to retroactive effect of that incoming
laws even if for national reasons because it would create
great menace all over the country since the law has no
76
retroactive effect over the probative value of TCT No. T-408 and
TCT No. T-498 and that OCT No. 01-4 because the said Titles are
Torrens Titles in nature although it came from the origin of OCT
No. 01-4, a Spanish Title, per se but duly registered under Land
Registration Act 496 on October 3, 1904 and under Cadastral Act
2259, an essential requisite of Torrens Title. Generally, as it
turn to usual practice once a Land Title in OCT successfully
transferred into Transfer of Certif icate of Title, it absorbs the
characteristics of being Torrens Title which has been adopted for
many years by those in the real estate business and by the land
authority, except, when we will reverse the method, yet, if ever
we do so, it is a direct aversion to the rules and policies
prescribed by Land Registration Act 496, which reciprocally
deteriorate the virtue of Torrens System.
Besides, such Motion of the Republic of the Phil ippines as,
I repeatedly quoted, can not be given due consideration on the
sense that the case had been closed and terminated finally to
resolve the ownership issue since the year 1904 after it became
final and executory and the same was executed as started herein
which this contention had been subscribed by no less than Hon.
Solicitor General Felix V. Makasiar in his defense in a case,
people vs. Pinuil la, et. al., Supra, which read as follows:
Even so, it may not be disturbed and modified. Our recent
interpretation of the law may be applied to new cases, but
certainly not to an old one finally and conclusively determined.
77
And it has been held in a case, 21 CJS 330, cited in people
vs. Pinuil la, et. al., Supra, that:
Law is a present and prospective force, that law need some
stabil ity of administration, that the law is all the law there is,
that law is more for the parties than for the courts, that people
wil l rely upon and adjust their behavior in accordance with the
laws, be it judicial or legislative or both.
Corollary to the Motion for the Issuance of Reconstituted
Copies of both owner and duplicate copies of the original of OCT
No. T-01-4, let us diagnose the legal impediments that had arose
in the accounts of the opposition of the LRA thru its Honorable
Administrator Antonio Noblejas against the issuance of the
owner’s and duplicate copies of the said reconstituted Land
Titles, particularly the OCT No. T-01-4 for and in favor of the
heirs of the late Prince Lacan Acuna Tagean Tallano and Prince
Julian Macleod Tallano, whether such impediments are applicable
to affect the ownership interest of the Heirs of the real owners
and the Tallano clans.
Comments of the LRA and the Republic of the Phil ippines,
we believe that purpose both Judgment with Compromise
agreement between the Republic of the Phil ippines and the
Tallanos shall hamper by legal impediments in the issuance
of said Reconstituted OCT. And the same should not be
implemented for the issuance of both owner’s and duplicate
copies of the original of the Reconstituted Land
78
Titles OCT No. T-01-4, by the Honorable Register of Deeds of the
Province of Bulacan of the following grounds:
1. There is no law authorizing the reconstitution of the lost
owner’s and duplicate copies of Tiles OCT No. T-01-4, TCT
No. T-408 and TCT No. T-498 administratively. Under the
Land Registration Act (Act 141), if a duplicate certif icate is
lost, is destroyed, a suggestion of the fact of such loss or
destruction may be fi led by the Registered Owner or other
person in interest before the Court of First Instance of the
Province or City where the land is situated. In other words,
the procedure should be judicial in character.
2. Assuming but not admitting that the lost owner’s copy may
be reconstituted administratively, we believe the same
should not be given due course because of the spurious
characteristics of said Title, among others, as shown
hereunder:
A. Plan II-69, as mentioned on the face of the Title has
not yet been applied for original registration as
appearing in our Survey Book.
B. Decree No. 297 covers only a parcel of land in Cavite
and not in Greater Manila Area as per our records.
C. That alleged derivative Title which is OCT No. T-01-4 is
a well known Spanish Title.
D. Plan PSU 2031 mentioned at the back of the Title is
the same Private Survey Number, involved in the
survey in the so-called Hacienda Maricaban, which
supposedly covered large track of land also in the
79
name of Fort Will iam McKinley and Pedro Roxas,
including portion of Taguig, Paranaque, and Pasay City,
registered in the name of the Republic of the
Phil ippines.
3. Without evaluating its authenticity, it is obvious that the
proposed Judgment with Compromise Agreement could have
the same effect over the subject land because it can not be
enforced by execution. Under the Supreme Court Ruling,
the land data, if any there be found, dubious the same
cannot util ize for public good because it is null and void ab
initio in origin.
ORIGINAL SGD ANTONIO NOBLEJAS Administrator
This Honorable Court could not be convinced on the
Number 1 reason given by the Hon. Administrator due to the fact
that the issuance of Reconstituted Land Title, particularly OCT
No. T-01-4, based on the Judicial Judgment rendered by then
designated Judge of the Land Registration Court, which said
Decision and Order had been executed on October 4, 1904 in
accordance with LRA 496 of 1902 clearing from it its legal
impediment for the non-enforceabil ity subsided itself as if a
bubbles in the air. Besides, the Court proceedings has been
conducted in accordance with the set up jurisprudence based on
the Rules of Court 132 and Rule 135 and in accordance with
Section 15 of the Republic No. 26 which belies that the
Reconstitution is an Administrative Procedure, definitely, it ’s a
JUDICIAL IN CHARACTER per se.
80
Be reminded that incorporated to this complaint fi led by the
Republic of the Phil ippines against the land owner is Quieting/
Reconveyance of the land covered by these Titles. Therefore, it
is a rule all rights of the party in interest over the land should be
absolutely reconveyed to the true owner.
Pertaining to spurious origin of said II-69, PSU 2031,
Decree No. 297, these were also subjected into alterations,
manipulation and distortion, particularly that Decree No. 297 was
altered for certain Manuel Ruiz y Javier and in favor of the
Maricaban Estate to degrade the credibil ity of the Tallano and
Acop over the estate ownership and they created a vacuum which
is another basis for the land grabbers to proliferate their
unlawful activities upon raping the virtue of the country’s Torrens
System by way of mass production of invalid Land Titles for
continues cycles of scam to the final prejudice of the government
and the general public. It was a known fact when both LRC
Commissioner Antonio Noblejas and Asst. Commissioner Gregorio
Bilog, Jr. divulged the Modus Operandi of the organized syndicate
in both LRC and in the Bureau of Lands then to defeat the
interest of the herein land owners, which were an admission of
these land authority that the eligible land records and documents
of the Tallanos over OCT No. T-01-4, TCT No. T-408, and TCT
No. T-498 had been subjected into manipulation, alteration, and
falsification orchestrated by no other than in the LRC and the
Bureau of Lands in connivance by those in the Register of Deeds.
81
It was very apparent on what the present administration
intend to do as well to our Spanish Mortgage Law which is
against the wisdom of Torrens System but, of course, with the
same dirty objective to the predicament of the real owners under
OCT No. 01-4. Besides, that said OCT No. 01-4 based on this
record of Honorable Court, it was satisfactorily established that
said land Title has been registered under Land Registration Act
acquired-Torrens Title in character after compliance with the
requirements set forth in the Land Authority to issue Decree No.
297 on October 3, 1904 and affirming Royal Decree 01-4 Protocol
embracing the entire archipelago together with its Cadastral No.
4720 CLRO Case No. 475.
Beside, based on agreement predicated by this Decision
with Compromise Agreement, five years prescription of enforceability
of said Judgment to reconstitute said OCT No. T-01-4 and their
TCT No. T-408 and TCT No. T-498 and eventually to issue the
Reconstituted copies of its original and duplicates of said Titles
should be reckoned only from January 1, 1999, the period of
which the Republic of the Phil ippines promise and commence to
pay its remaining obligations amounting to P1 bil l ion as damages
to the Intervenors as agreed and emanated from this Judgment
with Compromise Agreement between the Republic of the
Phil ippines and the Tallano’s heirs, while, partial payment had
been paid to the Tallano amounting to P2 bil l ion pesos in the
form of Land Bank Bond Certif icate which will mature in
1978, but it was appealed for another 20 years moratorium
ending December 31, 1998, from which the government wil l
82
have to pay the land owner’s heirs initial ly on six (6) installment
payment over that P3 Bil l ion pesos damages.
My great predecessor of this noble profession taught me this
Judicial Wisdom and had lent me a Noble Judicial Narration in the
preservation of untainted justice involving PARI MATERIA IN for
immediate application of the law and not only to one. For the
TRUTH, this Court is ready to open the clandestine of those who
had sown detriment to the lawful land owners. So the MIGHTY OF
THE COURT OF JUSTICE shall be util ized as it provided based on
the authority prescribed in the Revised Penal Code against the
violators who usurped the rights of the land owners. Like in this
instance case, the holder of that devoid OCT 369, its technical
data were copied from the technical data of OCT No. T-01-4 but
the Land Registration Authority tolerates the parties by the use of
such fraudulent documents l ike those OCT 333, OCT 730, OCT 735,
OCT 291, OCT 777, OCT 614, OCT 4085, OCT 543, OCT 222, OCT
4136, and all OCT bearing No. 01 up to OCT 100,000 were found
defective defrauding the general public and depriving as well the
legitimate land owners.
Based on the report of the NBI and reciprocally affirmed by
two (2) authorities in land, that said OCT 369 was declared null
and void due to its non-existence which merely derogates the
authenticity of the eligible one, OCT No. T-01-4. Besides, that II-
4810 to 4813 like that II-4812 are a parcel of land situated in Bo.
Tinampaan, Cadiz, Negros Occidental while that II-4813 covers the
land s i tuated in I lo i lo , I lo i lo . Bes ides, a l legedly, sa id OCT
83
369 in the name of Hermogenes Rodriguez and Antonio Rodriguez,
it appears that it was issued pursuant to a Decision of Hon. S.
del Rosario of the Court of First Instance of Rizal on March 8,
1907, while that year, it should be Province of Morong then,
besides, in the year 1907, jurisdiction to issue said OCT exclusively
resides in the Court of Land Registration and only on July 1, 1914
superseding the authority of the land Registration Court. Indeed,
the Court of First Instance then in the year 1907 had not yet
acquired said jurisdiction.
The Land Title Form used is land Registration Form No. 1 as
could gleared from the left hand corner of the form, yet, the NBI
investigator divulged that GLRO Form No. 1 in 1907was not been
introduced yet as Official Form on that year. That Decree issued
was Decree 160 (not 297) since that Decree 160 was issued on
March 19, 1904, and not March 8, 1904, per Record of Book of
Decrees for Ordinary Land Registration Cases is Book 1. That such
Decree covers only one parcel of land located in Tondo, Manila
with an area of 354.03 square meters only.
Another OCT No. 820 which is questionable in technical
characteristics after confirming that said OCT allegedly have a
corresponding Decree referred to No. 1424 embracing a land in
Quezon Province which was issued on January 31, 1905 which
directly subsided itself after the recorded survey date was done
on November 15, 1906, a contradictory to oneself considering
that Decree No. had been found empty for Technical Description,
therefore, it should be no effect.
84
The technical description itself which resulted on the survey
conducted on November 15, 1906 turns younger later than the
said Decree No. 1424 considering that land Registration Act has
been on its enforceabil ity as a law. And the name of the owners,
certain Patricia Tiongson, written thereon had not, in any way,
applied for Application for Registration of the subject land.
Neither of Free Patent Application had been used which means
that the origin of the land itself comes from nowhere; connotes,
these are imaginary persons in character deserve to devoid their
interest over the subject lands.
That OCT No. 994, in the same way, is in the name of
certain Mariano Severo Tuazon Y dela Paz, et. al., with
corresponding Decree Number 36455 was lent and adopted from
TCT No. 870, while on the column for the Decree No. written thereon
was clearly empty in data en toto. It connotes NO ENTRY. And the
date of Decree Issued also in blank (NO ENTRY). Also, as it was
divulged by the NBI investigator, one OCT No. 994 have two (2)
different record numbers, such as 4429 and 1559. That its expediency
TCT No. 84960 in the name of Moises Buenaventura bave a similar
Decree of the same OCT while said Decree was copied from the
Decree of TCT 870, its OCT is entirely different from that OCT 994.
That OCT 735 is also in the name of Severo Tuazon Y dela
Paz, et . a l . , i ts or ig ina l survey held on December 1910, June
1911 from which the point of reference pointed in the survey
was CBM No. 37, i ts technica l data referred to No. 13C
Cadastra l 13) for Mani la , which pointed c lear ly that
85
Manila had started its Cadastral Survey only on September 1914,
and was approved officially on January 3, 1916, September 9, 1916
while Cadastral Act 2259 took effect only on February 11, 1913.
And the Decree No. 17431 of said Land Title was issued on July 9,
1914. This showed entirely inconsistent of its data beyond its
standard chronological order to wit which are in contradictory to
the Torrens System. That the survey and approval should be
dated earlier than its Decree and its Cadastral Survey when intend
to apply and should be later than the Cadastral Act itself, which
were enforceable after the Cadastral Act 2259 had been
implemented into law on February 11, 1913.
That OCT 730 again was registered in the Registration Book
No. A-7 in the name of Severo Tuazon Y dela Paz, Jose Tuazon
dela Paz, et. al., under Decree No. 7672, but the land has been
found in Marikina, not in Pasig, nor in Quezon City and neither
elsewhere, the total area of which is underminable which is void in
character. This was divulged based on the written report of
Gregorio Bilog Jr., the deputy LRC Administrator as requested by
then Hon. Solicitor General Felix Makasiar in the year 1964, now,
member of this Highest Court of the land.
Corollary of this end, let traverse our judicial
functions into another horizon of responsibil it ies as
administrator of justice not only for the deprived partner
but for the entire Fil ipino people for our nation’s economic
breakthrough from its century ail ing and sickly society with
suffering citizenry. That what involves n this scenario is
86
not only the government of His Excellency President Ferdinand E.
Marcos but also President Marcos himself, requiring the President
to restore the missing gold reserves of the Republic of the
Phil ippines in the designated Central Bank vaults consisting of
617,500 metric tons of 12.5 gold nuggets lent and entrusted by
the Royal Family, the Tagean-Tallano clans, through the late
President Manuel Roxas, in favor of the Fil ipino people just to
complete the requirements set forth needed in the establishment
of Phil ippine Central Bank in the year 1949. That the said gold
reserves paramountly attributed in the stabil ity of peso value
between 1949 to 1960, ranging the peso value of P2.00 for $1.00
U. S. dollar to P4.00 to $1.00 U. S. dollar.
But beyond the knowledge of the Fil ipino people, the basic
root that caused the Marcos-Macapagal quarrel was that the
unlawful acts of then Senate President Ferdinand E. Marcos
which emanated from il legal transport of some three (3) metric
tons of gold nuggets to London and another seven (7) tons to
Zurich, Germany without permission from the private owner, the
Royal family, the Tagean-Tallano Clan, and of no consent of the
then President Diosdado Macapagal which were taken in place all
of September 23, 1963, considering that gold bull ion was part
and portion of the 617,500 metric tons of 12.5 gold nuggets
entrusted to the national government on January 7, 1949 by the
caretaker of the Royal Clan, Rev. Fr. Jose Antonio Diaz, his
alias name is Col. Severino Garcia Sta. Romana, for and in
behalf of the Tagean-Tallano Royal Family.
87
That the Reverend father, before this Court and designated
Amicus curae on May 5, 1972, he testified in an open court that
he is the caretaker of around 617,500 metric tons of gold
nuggets own by the Royal Family, the Tagean-Tallano Family
headed by Don Esteban Benitez Tallano which they transported
to Vatican City in the year 1939 to secure the gold bull ion from
the escalating World War II, and the Royal Family maintained it
up to 1948 and was withdrawn and transported to the Phil ippines
through the young lawyer Ferdinand E. Marcos in 1949, then.
That in the presence of Atty. Lorenzo Tanada, the Clans
lawyer, Don Esteban Benitez Tallano and Benito Tallano, the
direct owners of the said gold bull ion; and in the presence of
then His Excellency, late President Manuel Acuna Roxas, then La
Union Congressman, Bishop Enrique C. Sobrepena Sr., the
second cousin of Maria Cristina Camacho, wife of said Benito
Tallano, Reverend Father Jose Antonio Diaz turned over said
617,500 old bull ion which he kept long time ago under the
blessings of some higher Spanish officials in a dungeon in Fort
Santiago in behalf of the Royal Family, Prince Lacan Acuna
Tagean Tallano who went to Europe before the war and
eventually under the custody of then the old national treasury in
Intramuros, Manila to give way for the establishment of the
Central Bank of the Phil ippines;
That the sa id Reverend Father, in h is test imony
before the Court and the Amicus Curae, admitted that
the gold inventory intact in the Centra l Bank vaul ts up to
88
the year 1964, Quote: except that some 10 tons in my presence
were forc ib ly withdrawn by the Senate Secur i ty Force led then by
Ex-Senate Pres ident Ferd inand E. Marcos, now, Pres ident of th is
Republ ic on September 8, 1963 and had transported to nowhere;
That sa id Reverend Father was the one who gave idea to
His Excel lency Pres ident Ferd inand E. Marcos to undertake the
i l legal wi thdrawal of the sa id gold bul l ion f rom the Centra l Bank
vaul ts on the sense that Don Esteban Beni tez Tal lano, he i rs of
the late Pr ince Ju l ian Macleod Tal lano, owner of the sa id b ig
bul l ion cons ist ing of 617,500 metr ic tons d ied in Europe dur ing
the Amer ican Occupat ion in 1898. And the Reverend Father
a l leged: the hei r Don Esteban Beni tez Tal lano d ied a lso dur ing
the Japanese t ime, yet , the asset lef t wi th no wi l l and no
leg i t imate heir , in sp i te of the fact that the truth was that the
late Pr ince has a last wi l l and testament entrusted to the custody
of Reverend Father Jose Antonio Diaz c lar i fy ing that he has
surv iv ing heirs , Don Esteban Beni tez Tal lano, Beni to Tal lano and
the only son of Beni to Tal lano, Ju l ian Morden Tal lano who a lso
inher i ted the T i t le of Pr ince, bestowed upon h im by the Royal
Fami ly in accordance with the code of Koran in as much as
a l though he has a f i f ty percent (50%) Br i t ish b lood, h is
ancestors were Musl im-Br i t ish Lords. That sa id Pr ince Ju l ian
Morden Tal lano has been author ized to administer and, when
necessary, wi thdraw the sa id assets depos i ted in the
Centra l Bank vaul ts and a l l go ld bul l ion depos i ted in Fort
Knox and in Zur ich and in other countr ies that served as
t rustee of His Excel lency Ferd inand E. Marcos and he is
89
Ent i t led to co l lect the 5% of the 1 percent royal ty fee of the
nat ional government start ing f rom the year 1965, the unpaid
per iod of the government in as much as s ince 1949 to 1964 the
government had fu l ly compl ied the royal ty fee;
That the Reverend Father a lso admitted that the only gold
bul l ion balance lef t in the Centra l Bank vaul ts are cons ist ing of
400,000 metr ic tons; others, some 217,500 metr ic tons between
1965 to 1970 were i l legal ly melted into another form of 75 k i los
per bar and were transported to d i f ferent countr ies in Red China,
Hongkong, Switzer land, Germany, Austra l ia , U.S.A. , and in
England;
Here is the excerpt f rom the test imonies of Reverent
Father Jose Antonio Diaz, a l ias Col . Sever ino Sta. Romana, taken
in an open court room on 10:35 A.M. of May 5, 1972, before th is
Court and Amicus Curae:
Atty. Cesar Paras Sr . : With your permiss ion, your Honor,
supplementa l to my cross examinat ion
to Reverend Father Jose Antonio Diaz,
v i ta l wi tness in connect ion with the
i l legal t ransport of sa id gold bul l ion of
my c l ient , the Royal Fami ly , Tagean-
Tal lano Clan, which caused the sudden
co l lapse of the va lue of Phi l ipp ine peso,
may I ask some important quest ions,
your Honor, re levant to the Sworn
90
Aff idav i t he executed before a notary
publ ic .
Court: Yes, you may prov ided the quest ions
are re levant to the subject matter .
Amicus Curae: What is the purpose?
Atty. Cesar Paras Sr . : Yes, your Honor. To c lar i fy matters in
accordance with miss ing gold reserves.
Atty. Cesar Paras Sr . : Do you own th is typewr i t ten Sworn
Aff idav i t , Reverend Witness and how
did you come to know about the i l legal
t ransport of the depos i ted gold bul l ion
f rom the Centra l Bank Vaul ts and that
of i ts exact date?
Witness: Rev.Fr . Jose I was the one who s igned th is
Antonio Diaz af f idav i t , S i r , and being the caretaker
of the Royal Fami ly , I was the
author ized s ignatory for the withdrawal
of that depos i ted gold bul l ion f rom the
Centra l Bank Vaul ts and I used i t to
withdraw the same as instructed to me
by then Honorable Senate Pres ident
Ferd inand E. Marcos on September 8,
1963. Bes ides, I was the one who
91
accompanied Don Esteban Beni tez
Tal lano in t ransport ing the sa id gold
bul l ion around 617,000 metr ic tons to
Vat ican Ci ty, your honor, somet ime in
1939, to protect the i tem from the fast
esca lat ing Wor ld War II , then, your
Honor.
Atty. Cesar Paras Sr . : How many k i los d id you withdraw that
t ime?
Witness: Rev. Fr . Jose Based on my arrangement with then
Jose Antonio Diaz Senate Pres ident Marcos, we wi l l
wi thdraw only 3 tons or 3,000 k i los but
when I and Senate Pres ident Marcos
were a l ready in the Centra l Bank
Vaul ts , Centra l Bank Governor Andres
Cast i l lo and Senator Marcos convinced
me to s ign the withdrawal document
conta in ing 35,000 tons that t ime, I
have no choice but to s ign.
Atty. Cesar Paras Sr . : Reverend Witness af ter s ign ing the
withdrawal document you ment ioned,
what t ranspired next?
Witness: Rev. Fr . Jose Right at that moment, Senator Marcos
Antonio Diaz withdrew the gold bul l ion f rom the
vaul t and loaded these on four (4)
t ra i ler t rucks escorted by
92
Ph i l ipp ine Army member led by
unknown colonel and 4 members of the
Phi l ipp ine Constabulary and were dr iven
toward the departure area of the Mani la
Internat ional A i rport , then, S i r ;
Atty. Cesar Paras Sr . : Reverend Witness, when you were in
the MIA departure area, what fo l lows
next?
Witness: Rev. Fr . Jose I wi tnessed the unloading of the
Antonio Diaz gold f rom the tra i lers , S i r , which were
packed in 70 p ieces of wooden crates
and they loaded these in the bel ly of
the KLM Air l ine that t ime.
Atty. Cesar Paras Sr . : Reverend Witness, you sa id you were
there when the repack ing of the gold
had been done, how long d id i t take?
Witness: Rev. Fr . Jose Because when we arr ived in the
Antonio Diaz Centra l Bank, the t ime was 8:00 o ’c lock
in the morning. When they f in ished
packaging and loading to the tra i lers ,
the t ime was 3:00 o ’c lock in the
afternoon, so approx imate ly S i r , i t took
seven (7) hours long when we f in ished.
93
Atty. Cesar Paras Sr . : Be ing the caretaker of the Tal lano-
Tagean fami ly ’s go ld bul l ion, can you
te l l to th is Honorable Court how many
and what is the exact number of k i los
do the Tagean-Tal lano Fami ly had
depos i ted in the vaul ts of the Centra l
Bank?
Witness: Rev. Fr . Jose Exact ly around 617,000 metr ic tons that
the Tagean-Tal lano had depos i ted to
the vaul t through me in the year 1949
which we transported f rom the Vat ican
Ci ty in the year 1948 the same were
lent to the nat ional government to meet
the required gold reserves of the newly
organized and insta l led Centra l Bank
then. But late ly , when I went to the
Centra l Bank a long with the heirs , Don
Esteban Beni tez Tal lano and Pr ince
Ju l ian Morden Tal lano for ver i f icat ion
and inventory recent ly , we found that
the only exact inventory remained
intact in the vaul t then was 400,000
metr ic tons, whi le , what I wi thdrew that
t ime beyond the knowledge of the
owner through instruct ion of then
Senate Pres ident Marcos, now Pres ident
of th is Republ ic was 35,000 metr ic tons
94
leav ing a supposed inventory balance of
482,500 metr ic tons, but th is was
incons istent to our f ind ings where the
last inventory ba lance was only 400,000
metr ic tons. Def in i te ly , S i r , they used
fraudulent ly my s ignature to withdraw
such 82,500 metr ic tons.
So l ic i tor Gutt ierez: Your Honor, I wish to ca l l the attent ion
of the Honorable Court to str ike … the
words as fo l lows: but th is was
incons istent to our f ind ings where the
last inventory ba lance was only 400,000
metr ic tons. Def in i te ly , S i r , they used
fraudulent ly my s ignature to withdraw
such 82,500 metr ic tons.
Amicus Curae: For what purpose?
Sol ic i tor Gutt ierez: The answer of the witness was not
respons ive to the quest ion profound by
the counsel . Bes ide, h is statement
about the withdrawal of 82,500 metr ic
tons is mere ly more on hearsay because
he was not there when the a l leged
withdrawal of 82,500 metr ic tons took
p lace.
95
Atty. Cesar Paras Sr . : Object ion, your Honor, the witness has
the r ight opin ion which is va l id based
on h is author i ty des ignated to h im by
my c l ient that he is the only person
that has an author i ty to withdraw sa id
gold bul l ion depos i ts .
Court: A l r ight , just mainta in the record,
eventual ly , we wi l l cross the br idge
when needed.
Enough over such testimonies that that we can no longer deny
the veracity of the Reverend Father’s Statement, and in as much as no
opposition from the government except they signified their conformity
to issue this Decision with Compromise Agreement between the
Republic of the Philippines represented by His Excellency President
Ferdinand E. Marcos and his Solicitor General and by the party in
interest, Mr. Benito A. Tallano and his son, Prince Julian Morden
Tallano, represent by their Legal Counsel, Atty. Cezar Paras Sr.
Let’s go back to other subject matter about the land, that a
Land Registration Court proceeding is an action in rem, therefore,
the decree of registration after it has been issued to the party in
interest binds upon and conclusive against all persons of any nature
including this government, the Republic of the Philippines and its
branches, agencies and instrumentalities, regardless or not they
were notified of the filing of application intended for registration,
or neither or have appeared and filed for the corresponding
answer against such application, because, as a rule all
96
parties in interest are considered as notified by the publication
required by the law. This case was strongly cited in Sorsogon, et
al vs. Makalintal, et al, 45 O.G.9, 3819, September 1949, when
the Royal family, the Tagean-Tallano Clan, maintains their
position that their Land Title after it was published in the Gaceta
de Manila sometime in March 14, 1902 under the operation of
Torrens System in accord with LRA 496 of 1902, their OCT No.
01-4 which was issued in the year 1764 with the decree of
registration turned conclusive because such decree of
registration, once became final, could not be subjected for attack
by any person either by reason of minor age of the co-owner
neither would there be found credible in the allegations that the
decreed persons, claiming as owners, held the property in trust
or as co-heirs when they fi led their application for registration
and correspondingly obtained registration in their names, without
opposition, upon establishing factual information their
predecessors had been open as owners, and in what capacity
they gained the same which is true in a case of Gonzaga, et al
vs. Guanzon, et al, 68 Phil. 351 (1939).
Similarly, this Court cannot sustain the defense of the
National Government, the heirs of Hermogenes Rodriguez, the
heirs of Mariano Severo Tuazon and the Tuazon Company,
including the defense of the Ortigas and Company that they
were not around as party in interest when the decree of
Registration over the same subject land had been conducted
in proceedings since in the rule of Registration, Decree of
Registration could not be re-opened by reasons of absence,
97
minority or by reason of disabil ity of any person adversely
affected by said decree of registration, not even by any
proceeding in any court, l ike this for instance, for reversing
such judgment but may be subjected, nevertheless, to every
right of any person including the government and its branches
thereof, their interest had been deprived by actual fraud should
be fi led in the Court of origin or any court of competent
jurisdiction within one-year after the entry of such decree
instituted as registered, which patently true in a case of Cruz
vs. Del Valle, 55 O.G.P 9901, November 23, 1952, CA; Samonte
et al vs. Descallar, et al, 107 Phil 198 (1960).
In the case at bar, both the National Government and the
herein oppositors failed and neither its government
instrumentalit ies and agencies had fi led their petition for review
after the Decree of Registration No. 297 for the legalization of
OCT 01-4, in accordance with the Land Registration Act 496,
had been registered on October 4, 1904, which said OCT 01-4
and its Decree of Registration becomes incontrovertible.
This case is a petition for the reconstitution of OCT 01-4
with annulment of all the titles described in a certif ication
issued by the Administrator of the Land Registration
Commission, Hon. Antonio Noblejas, and with re-conveyance
of the subject land which are in the possession of the
heirs of the late Prince Julian Macleod Tallano, fi led by
the national government thru its Solicitor General Felix
Makasiar, which the same, the national government had
98
complied with the jurisdictional requirements enforced by
Republic Act No. 26 and Circular No. 47 of February 19, 1949,
but to no avail one more time, the National Government lacked
stronger evidences against the true owner, the Tagean-Tallano
clan. What the evidences the government had used and
presented were those documents and OCT 01-4 in the name of
the late Prince Lacan Acuna Tagean Tallano on strong
confidence the late Prince have no issue neither has surviving
heirs. Such action of the government is only proper under the
Principle of Public Domain against the oppositor-claimants who
have also stronger evidences and titles through these were
issued in the name of Prince Lacan Acuna Tagean Tallano, then
eventually to the late Prince Julian Macleod Tallano in the year
1864 which was affirmed in accordance with the Land
Registration Act 496 of the year 1902. And parenthetically, the
same was re-adjudicated in accordance with Cadastral Act of
2259 on March 14, 1914. While the Land Title of the
oppositors-other claimants were issued only in the later year of
1902, some in the year 1906, some in the year 1914, 1926, etc.
Except the OCT 369 of the Hermogenes Rodriguez which has
been allegedly in the year 1864,1888, 1896 and 1892 but it
becomes the subject of this ruling against said OCT 369, which
its decree was found fraudulently defective in character as it
were divulged in this context.
Apparently, the National Government fai led to refute
the existence of the lawful heirs of the late Pr ince Lacan
Tagean and Prince Jul ian Macleod Tal lano on the mere fact
99
that some of these heirs became instrumental in the establishment
of Central Bank of the Phil ippines in the year 1949 after Don
Esteban Benitez Tallano, accompanied by Reverend Father Jose
Antonio Diaz through the efforts of bril l iant lawyer Attorney
Ferdinand E. Marcos, had transported the gold bull ion from Vatican
City which were used by the late President Manuel Roxas, cousin
of Don Esteban Benitez Tallano, as Gold Reserves requirements.
This information do not intend to complicate the issue but a sound
proof as to the existence of the heirs of the late Prince that the
government can not deny but rather it compel to be guilt of
Estopel which was raised by the surviving heirs.
Truly, the Republic of the Phil ippines had committed estopel
and had rebound to become not party in interest over the subject
land in the presence of surviving-lawful heirs. Occasionally, it
must be obliged for re-conveyance for all the lands under its
custody as i l legal detaineers, or in graceful sense as trustee for
which it requires a re-conveyance in favor of its principal or
trustor, as prescribed by Civil Code of the Phil ippines.
The fundamental rule over this issue, after the
registered land had lapsed for one year, a decree of
registration can no longer be opened for review even if its
issuance is attended by actual fraud which the government
failed to fi le said basic action. And the chances of the
government to open as an aggrieved party remains an open
opportunity considering the land had not been passed to
100
innocent purchaser for value, yet, an act ion for re-conveyance
st i l l avai lable that reached to this case against the Tagean-
Tal lano clan, but st i l l the Republ ic of the Phi l ippines, fai led to
sol id ly and construct ively establ ished its interest over the land.
Under these circumstances, the true owner asserted his
ownership and t i t le to the land and this Court can not neglect
i ts paramount duty to exercise i ts power for equity and just ice,
so correspondingly, an urgent Court Order to cancel the
involved land t i t led of other land claimants including the t i t le
used by the Republ ic of the Phi l ippines, in order to direct other
unlawful owners and that Republ ic of the Phi l ippines to re-
convey the land holdings under their custody or as trust is
inevitable to the r ightful owner. The rules and order of re-
conveyance is just, equitable and imperat ive, the only course
of act ion in the Court to eradicate the unmanageable evi l and
anomaly in the LRC and in the Register of Deeds, where the
lawful registered owner, should have a holder of Torrens Tit le
for the land they acquired by their own labours, sweat and
exerted efforts for quite so long but they and their
predecessors could not exploit i t because it is possessed by
unel igible part ies under the concept of ownership. To hold
such land beyond the true and lawful orders of land ownership
in greater sense would vindicate only the land grabber for
glory direct ly a dismay to the moral value in human relat ions
that no person shal l unjust ly enrich himself at the expense of
el ig ible one.
101
To supplement the issue, there must be annulment for
those titles that has been reported fraudulent in character to
prevent the general public from further damage or worst as it
may be. So it would not be precluded for the annulment fi led by
the Republic of the Phil ippines that the oppositors had asserted
its rights beyond possibil ity by reason of simple possession of
registered Certif icate of Titles which said reason is not within the
ambit of the law in the Torrens System because, to the contrary,
the Supreme Court cited the incident in a case Vital vs. Anore, et
al, 1952, that any Free Patent or subsequent Title issued
pursuant thereto is null and void ab initio. Because on the other
hand, an adverse owner of a registered land undisturbed in his
possession thereon for a period of more than fifty years and
without any knowledge that the same subject land he actually
ti l led and occupied has been registered in the name of another
person is not barred from fil ing an action for re-conveyance
which, in effect, the herein true owner had sought the assistance
of this Court under this proceeding considering the owner is the
adverse respondent to the case at bar so he seeks a re-
conveyance and quieting the aforementioned Titles of the
subject land, who was, being the lawful owner, so confident
relying upon a Torrens Title which could have fraudulently
issued by wrong claimant. Similarly, actions for re-conveyance
complained against the National Government by reason of null
and void ab initio principle, for a claim of prescription on the
action by the National Government and other oppositors would
be unavail ing, which was affirmed in a case Agne vs.
Director of Lans, Supra citing Laguna vs. Lavantino, 1941
102
71 Phil. 566, Corpus, et al, vs. Beltran, et al, a955, 97 Phil. 722).
Furthermore, whereas the herein respondent-lawful land
owner holder of Torrens Tile who has been in possession of the
subject land in dispute, his action to quiet the aforesaid tit les
against the government and other parties is imprescriptible in
nature (Baladay vs. Castri l lo, et al, 1961, SCRA 1064,
Vil lanueva, et al vs. Portigo, et al, 1969 29, SCRA 99, Ramirez
vs. Court of Appeals, et al, 1969, 30 SCRA 297).
On the issue of laches as a defense of the Ortigas and
Company against the Tallanos jointly augmented by its co-
respondents and other party in interest led by Honorable
Solicitor General, Tuason and Company, Inc Bonifacio Regalado,
the heirs of Atty. Gregorio and Salvador Araneta, the Ayala
Corporation, the Pilar Vil lage Corporation, Don Hermogenes
Reyes Rodriguez and heirs, the group of Manny Vil lar and
Company, Don Mariano San Pedro and heirs, the Piedad Estate,
the heirs of Pedro Roxas, the heirs of Patricia Tiongson, the
Tiburcio Estate and heirs, the heirs of Antonio Fael, the heirs of
Pedro and Salvador Layos, the claimants of Pasay and
Maricaban Estate, the heirs of Fernando Jacinto, the Jacinto
Steel Mil ls, Dr. Nicanor Jacinto, et al, the heirs of Jose Dimsum,
the heirs of Eulogio Ragua and Co., the heirs of Almeda and Co.,
Teodoro Lim and Felix Baez, the heirs of Agapito Bonson, the
administrator of proposed Bicutan-Santo-Pascual market, the
heirs of Dominador de Ocampo Buhain, the heirs of Pedro and
103
Antonio Cruz, the heirs of Ponciano Padil la, the heirs of
Fortunato, Ricardo and Maria Pantaleona Santiago, the heirs of
Sebastian Fajardo, the administrator of Nepa Q-Mart and
claimants in the person of Don Facundo, the heirs of Dona
Lourdes Ochoa Y Casal, the heirs of Antonio Aquial, the heirs of
Julian and Juan Francisco, the heirs of Santiago Garcia and Co.,
the heirs of Dona Aurora Fabela Y Cordona and Co., the heirs of
Mayor Felimon Aguilar of Las Pinas Municipal Hall, the heirs and
administrator of Sarao Motors Corporation and Francisco Motors
Corporation, the heirs and administrator of Good Year Tire
Rubber Company, the heirs and administrator of Phil ippine
Shares Company, the administrator of Manila Railroad Company,
the administrator of Pangasinan Transport and Co. (Pantranco
situated in Francisco del Monte), the administrator of Fort
Will iam McKinley, the People Home and Housing Corporation,
affi l iated to the National Development Corporation under the
pretext of newly proposed name of National Housing Authority,
the Commission of the Bureau of Lands and Forestry, the
administrator/director of the Land Registration Commission and,
for fairness to all, is a defense that could not be ignored if
banking to the doctrine of STALE DEMAND, an offshoot of the
law of laches, which is based upon the very foundation of
sound public policy, a prerequisite to attain peaceful society, it
is the direct diffusion of stale claims, unlike the statute of
l imitations is not merely a problem of time but principally by
reason of the inequity or unreasonable acts allowing sti l l a
right to enforce claims which lapsed by reason of abandoning
for a long period of time. Particularly this time, where
104
Aforementioned respondents and oppositors againsts the
Tagean-Tallano heirs, had many times introduced their
improvements and fencing over the areas, where hundreds of
commercial buildings, privately and publicly, including
residential subdivisions and vil lages were erected thereon,
which such circumstances the defense of laches is highly
appreciatable on the reason of unmanageable money cost on
the part of the developers and National Government, if the
Tallano-Tagean heirs have ignored or had never protested such
improvements which construed that they are tolerant for a
long-long years, yet, it had to prevent that laches have never
constituted, thus, ultimately barred the original owners from
recovering the possession over the Titled land by virtue of
laches, which is very true in a case, Mejia vs. Gamponia, 100
Phil. 277 (1956);Miguel vs. Catalino, 26 SCRA 2234 (1968).
On the other way around, the Tagean-Tallano heirs
strongly manifested that they did not abandon their possession
over the Titled Land. They presented strong evidences that their
action for absolute ownership and possession over the subject
lands never ends and borne out by historic judicial records which
are chronologically stated among other things as follows:
1. Since 13th century, the land, called before Maharlika, now
Phil ippines, has a territorial area of 1,049,212.169 square
nautical miles with a total geographical area of
169,972,500 hectares of plains, mountains, forests, rivers,
and seas, more or less, it embraced four major
105
Islands for a total of 7,169 Islands, the Luzon Peninsula,
the Palawan Peninsula, the Visayas Peninsula, and the
Mindanao Peninsula, in habitation of King Luisong Tagean,
the predecessors of the Tallano-Tagean heirs, who was
been respected by the Chinese traders and emperors by
paying tribute to the said king in the form of silk cloths,
precious stones, and tons of gold.
2. Due to economic abundance in the Islands, Ferdinand
Magellan, a Portuguese, sent a mission to explore the
possible sources of species with simultaneous propagation of
Christianism but with arrogance and envies to the abundant
resources of the archipelago beyond the knowledge of King
Phil l ip II, by force he conquered the Island where bloody
battle in Mactan had risen as defended by the king’s eldest
son, Rajah Lapulapu in the year 1521;
3. The invasion escalated to Manila province then where the
second eldest son, in 1571, named Rajah Soliman fought
for the defense of the area but to due to overwhelming
arms and ammunitions of the invading Spanish Imperial
Armies, the second eldest son escaped to the forested area
of Karilaya Island, then, now Province of Quezon.
4. By the influence of the King Luisong Tagean Tallano,
he complained to the Holy See about the abusive
land grabbing of friars in the Phil ippines. The
complaint had been heeded. So, by the Papal grant of
106
the Patronato Real in the late 15th and early 16th century, the
Spanish Royal Crown tried to succeed to have most complete
control over the churches in the Indies, including the
Phil ippines. The result of which was the desolution of the
religious orders in the year 1836 and the confiscation of the
church properties, and the continued existence of the religious
orders in the Philippines was totally dependent on the political
endeavors of the government of the Royal Crown of Spain that
has a l ittle trust and faith in their religious missions on the
account that the friars have no control of abuses, where
compassion that is supposed to be instituted for the sake of
human lives and private properties most of the time were
violated by the churches in the Phil ippines. Spanish Mestizo
Fil ipino friars hold biggest area of the subject land by way of
converting into several haciendas into their names that gave
rise to the order of the Royal Crown that Spanish Mestizo
Fil ipino friars and its clergy were subject to be observed
on as potential danger, and so the Royal Crown moves
more and more in the direction of annull ing their influence
as response to King Luisong Tagean.
In this account, the Spanish Mestizo Fil ipino friars were
determined to their self-interest, land grabbing agenda by
implicating the case against native Fil ipino priests, who were
in possessions for the Tagean Clan’s objective, toward their
political aspect of secularization which furtherly emphasized
this aspect in their effort to influence government policy in the
107
pretext of the Matter of Secularization to push through for the
security of the subject lands, the whole archipelago in
particularly.
This is a direct transcript of the testimony of the Friar
Provincial before the Philippine Commission in the U.S. Senate;
over the land held for ecclesiastical or religious uses in the
Philippine Islands. Document No. 190, 56th U.S. Congress,
Second session, 1901.
5. In that aforesaid area of Karilaya, Rajah Soliman married
Princess Dayang dayang Kiram and gave birth to their only
son Lacan Tagean who survived out of 18 children they were
born. Rajah Soliman died in that very birth date of the 18th
son at the age of 169 years old. Prince Lacan Tagean at the
age of 40 had married to Princess Rowena Ma. Elizabeth
Overbeck Macleod of Austria who sought for a succor of
British Royal Army by the Order of King George III of the
Royal Crown of Spain, on the 7th day of January, 1764, the
said OCT 01-4 had been issued in the name of Prince Lacan
Acuna Tagean, who inherited the title of the King Luisong
Tagean, right after the liberation of the Islands by the British
Royal Crown from the abusive Spanish conquistadors.
6. After the King Lacan Tagean died 100 years after the said
Title OCT 01-4 had been issued in his name, he was
succeeded by his16 years old son, Prince Julian Macleod
108
Tallano in 1864 who was born on December 17, 1848, where,
again, the Tagean-Tallano encountered court challenge anew
involving the same subject land lodged by the encomienderos,
Don Hermogenes R. Rodriguez in the year 1864 alleging
before the Royal Audiencia under the Case R. D. 571 that the
said land had been a reward to them by the Royal Crown of
Spain in honor of their grandfather, Governor Miguel Lopez de
Legazpi-Rodriguez who pacified civil war in Mindanao. But
after sixteen (16) years of court battle in the Court of Royal
Audiencia, the Prince Julian Macleod Tagean Tallano has
ownership interest over the archipelago had regained the title
of ownership anew over the said Island in the year 1864, by
virtue of the Order of the Royal Crown of Spain under Royal
Decree1864 controverting the issues of land grabbing against
the Royal Crown for the main reason that the only objective of
the expedition of the Royal Crown to the Island of Maharlika,
now Phil ippines, is propagation of Christianism to rectify the
lives of the inhabitants with glorious affi l iation to the Divine
Supreme Being, the God the Father, and not to conquest the
Maharlika kingdom;
7. The final decision of the 1864 Royal Decree of the Royal
Crown reverting the land ownership to the Royal Family, the
Tagean-Tallano Clan, gave rise to different strategic land
grabbing by the Fil ipino-Spanish Mestizo that drove again the
Maharlika kingdom to massive wars in the form of rebell ions
by the King’s descendants;
109
8. Before the death of Prince Julian Macleod (Tallano) Tagean in
1898, he succeeded to win the support of the grand
government of the United States of America where the Treaty
of Paris between Spain, United States, Great Britain, France,
and Germany had been signed and enforced into law
respecting private ownership of the inhabitants and the Royal
Family of the archipelago; the Prince died on the year 1939
at the age of 91 years old by reason of heart attack in
Europe, after he transported the Tagean gold bull ion of
617,500 metric tons to the Vatican City and had deposited it
to the Trust of the Holy See as escorted by Reverend Father
Robert Hayes, who was in custody of the last wil l and
testament involving OCT 01-4 of the archipelago and that
precious wealth whose heirs are Don Esteban Benitez Tallano
and Benito Tallano.
9. Land grabbers Fil ipino Mestizo headed by Atty. Gregorio
Araneta, former lawyer of Don Esteban Benitez Tallano,
pushed their evil intent over the subject land by lobbying in
the United States Congress for the issuance of Harvey-Harding
Cutting Law, HHC, a law attempting the exclusion of foreign
land holdings in the Islands and pretext of American Military
Reservation Rights. But again said moves had not been
prospered thru the intervention of the lawyer of the Royal
Family, Atty. Hegino Benitez, the cousin of Don Esteban
Benitez Tallano and by another lawyers, Atty. Benito Legarda
and Atty. Claudio Gabriel and Francisco Ortigas and Atty. Sr.
Modesto Reyes, assisted by another two lawyers of the
110
family, Atty. Sr. Pablo Ocampo and Atty. Sr. Pedro Sotero
Laurel, that caused a root for a massive protest of the Fil ipino
legislators turning down said repressive laws;
10. Atty. Gregorio Araneta succeeded to be reunited with Atty. Sr.
Francisco Ortigas and other family lawyers of the clan and had
availed for the passage of another despotic law, the Land
Registration Act 496 of 1902 but again the oppositors failed to
adulterate the land area of OCT No. 01-4 and finally, failed to
oppose Royal Family ownership interest but it only
strengthened the very foundation of the Royal Family after
successfully obtaining the affirmation of Land Registration
Court then CLR Case No. 475 by the issuance of Decree 297
on October 3, 1904 again in the name of the late Prince Lacan
Acuna Tagean and Prince Julian Macleod Tallano(Tagean) who
died on December 17, 1939;
11. Evil intent to land grab the same land had never ceased. The
same oppositors lodged and lobbied for the passage of
another oppressive law under the guise of Cadastral Act 2259.
Court battle again in the Cadastral Court ended on March 14,
1914 respecting ownership in favor of the Tagean-Tallano clan
by allowing for the issuance of segregated Title under TCT
No. T-408 and TCT No. T-498, which was manifested victory
for the Tallano in court battles record by the financial support
of Don Juan Ejercito against the oppositions that caused the
approved plan of the entire archipelago under Plan II-69 in
the name of Prince Julian Macleod Tallano;
111
12. After the war, between 1948 to 1956, beyond the knowledge
of the clan, all supporting ownership evidences compiled in
the Register of Deeds of the Province of Manila, City of
Manila now, and in the Province of Rizal together those in
the Bureau of Archives, including the Plan of PSU 20131, II-
69, Gaceta de Manila were reported vanished and followed
by successfully alteration by the heirs of the same
oppositors in conspiracy of the administrator and officers of
the Rural progress Administration, now the LRC, by those in
the PHHC and those in the Registry of Deeds and those in
the Bureau of Archives which divulged that around 500,000
historical documents including those ownership evidences
over the subject lands were disappeared from the records if
not directly stolen by those who have vested interest some
time in 1956, that gave birth to the raising of the cancelled
OCT 369 in the name of Don Hermogenes Rodriguez anew
which was manipulated also even the record of Gaceta de
Manila, followed by that OCT 4136 in the name of Don
Mariano San Pedro who became steward o Don Esteban
Benitez Tallano, OCT 779 in the name of Domingo Ocampo,
the nearest kin of Atty. Sr. Pablo Ocampo, the old-time legal
counsel of the Tallano-Tagean Royal Clan. Also follows the
manipulations escalated to massive frauds that gave rise to
the issuance of 100,000 fake land titles in OCT from OCT 01
up to OCT 100,000 intended to defeat the original land
title of the true owners, OCT 01-4, which were scattered
to many prominent names of known businessmen and
developers in conspiracy by those in the government, both
112
national and local, that given birth to other claimants l ike late
Agapito Bonson whose OCT 40875 had been issued which
connotes that former delegate of the Malolos Constitution who
died before World War II had rose from his grave to be able to
register his land holdings OCT 4085 in the year 1964;
13. That in the later part of 1962, a vaudevil le court proceedings
between the PHHC, represented by the Office of the Solicitor
General for and in behalf of the Republic of the Phil ippines under
LRC/Civil Case No. 997-P in CFI Branch 28, Pasig City, born in
the open, Eulalio Ragua, the holder of OCT 632, and the heirs of
Mariano Severo Tuazon and the J.M. Tuazon and Co. Inc., the
holder of OCT 735, both Titles embracing 4,399,322 square meters in
Culiat, Quezon City, now Diliman, Quezon City where different
interest l ike the Quezon City Hall, Phil ippine Science High School,
Quezon Memorial Circle, Visayas Avenue, the Quezon Memorial
Park and Wildlife, the UP Village on going project, the East Triangle
and West Triangle where the Philam Homes has been situated,
the on-going Project 6 Housing project, the on-going Vasha
Vil lage, the U.S. veterans Memorial Hospital, the Department of
Agriculture and Commerce, the Bureau of Land and Forestry, the
Phil ippine Sugar Regulatory Commission, the general Auditing
Office, the Phil ippine Virginia Tobacco Administration, the
Department of Transportation and Telecommunication, the U.P.
building, the newly developed Pag-asa Vil lage, the San
Francisco Elementary School, the Phil ippine Veterans Vil lage
and the Project 7, the on-going Mindanao Subdivision, the
113
Bago bantay Resettlement Housing Project, and fourth and
fifth of the North Triangle of the Phil-Am Life Home Housing
Project, particularly in the person of Eulalio Ragua had enable
to fi le similar complaint over the same subject matters against
the government cohorts in the said moro-moro proceedings in
the RTC of Quezon City under Civil Case No. 119 considering
they are party in interest in this proceedings under LRC/Civil
Case No. 997 since 1962 which was consolidated under
LRC/Civil Case No. 3957-P by the Motion of the Solicitor General,
now under CFI Branch 28, Pasay City, on the ground that in this
Sala has fewer cases pending unlike in the Sala of the CFI in
the Province of Rizal in Pasig has a tremendous big back load
of both civil and criminal cases that may reach two centuries
before the case have reach into judgment if not these some
other cases, l ike the case at bar wil l not be heard in this Sala.
14. Correspondingly, the Honorable Solicitor General Felix
Makasiar had enable to gain Court Resolution by way of his
Motion fi led in the said Quezon City CFI stopping the said
CFI Judge to hear the Civil Case No. C-119 to prevent the
i l l icit exploitation of Phil ippine Judicial System for personal
whims and duplicity of Court action and Decision that
may estope the interest of the National Government
in as much as those respondent-plaintiffs and oppositors
are persons of the nature and interest with the
same identities who have the same subject matters
under this LRC/Civil Case No. 997, now LRC/Civil Case
3957-P. The suspension over the proceeding under
114
Civil Case No. C-119 responsive to the petitions of the
Honorable Solicitor General had been granted by the said CFI
Court in Quezon City, then.
Along this line in the above stated case, this Court can
consider that Tallano-Tagean legal action never rested, as
manifested by LRC/Civil Case No. 997 later 3957-P and the
monumental historic circumstances aforementioned where the
relentless effort of the lawful owners, the Tagean-Tallano have
stretched their effort for more than four (4) centuries of struggles
in defending their sacred lands, not only for the clans but their
noble ends is for the entire Filipino people toward sound and stable
economic prosperity of the country, yet, disregarding the issue of
abandoning their interest over the land that drive the concept the
original land owner became tolerant for quite sometime opening the
Pandora’s box to attain the constituted laches. Indeed, delay in
asserting one’s right before a court of justice to recover his
possession and ownership over the land is strongly inadmissible for
lack of merit of his claim, since it is clearly a human nature for a
person to be timid to enforce his right when the same is coerced
and threatened or invaded by excessive influential force and
abusive authority in this government of selected few, thus,
he has never stopped by laches from questioning the
ownership of the land in question, more specifically now
where the City of Manila and its suburbs are under siege of
military men of this administration to advance the interest of their
cohorts in the Real Estate Industry over the forthcoming suspension
of the Writ of Habeas Corpus. Very clearly, a Title once
115
registered under the Torrens System of land registration can not
be defeated, even by adverse, open and notorious possession or
by laches. By tradition, registered Title under the Torrens System
can not be defeated by prescription. It is a universal acceptance,
the Title of the land once registered under the Torrens System,
is sufficient notice to the whole world because such action is an
action in Rem. All concern including the government and its
agencies should take notice of this rule, that no one can plead
by reason of ignorance of registration. What many times the law
had declared and by the opinion of known luminaries and judge
of Philippine Courts in regard to the acquisition of Title to real
property by adverse possession is not applicable to the land, its
true owners never resisted to assert their ownership over the land
equipped with registered Land Title under the Torrens System in
consonance with the provisions of the Land Registration Act 496,
which clearly cited in a case, Corporation de PP Agustinos vs.
Crisostomo, 32 Phil 427 (1915).
The law have admittedly say that not even the national
government may acquire the land in question owned by
private person by way of prescription even if to the extent
of taking the land for roads and highways or infrastructures
by reason of Eminent Domain, the Title thereof could not
be transferred to the government, which held under the
case of Herrera vs. Auditor General 102, Phil, 875 (1958)
and in Alfonso vs. Pasay City Government, 106, Phil, 1017
(1960) that such registered property can not be lost to the
government by prescription and the owner is entitled to be
116
paid of the price thereof as prescribed by our 1935 Constitution
Section 2 of Article III (Bil l of Rights).
Even if the prescription law over the registered land under
Torrens System can not guarantee it all from evil attempts, still
this court remain proudly believe on its uncowed determination
and judgment that the rule must stand vigorously against anyone
nevertheless how painful it may seem, for the sake of sound
stability of our Land Registration System and for sound judicial
system. Let us face and fight nevertheless such abusive laws,
unlawful conducts and acts orchestrated by the oligarch government
leaders of this generation. We maintained the doctrine that the
registered owner under the Torrens System has an absolute right
to recover possession of the registered property is highly equally
imprescriptible, while possession over the land is only a consequence
of ownership, thereby, it should be likewise unavailing against the
latter’s hereditary successors, because actually they merely step
into the shoes of the decedent by operation of the law, see Stun,
et. al., vs. Nunez, et. al., 97 Phil. 762 (1955).
Today, in this circumstances and in the case at bar,
could not be given due consideration as a valid defense of
the herein oppositors and not even the government for
claiming ownership of the same subject land which has been
registered in the name of Tallano-Tagean under the Torrens
System for quite some time for seventy years now, that
prescription will not l ie upon, neither that laches could be
regarded and make available as lawful defense which was
117
furtherly clarified in a case, Dela Cruz vs. Dela Cruz, CA-G.R.
No. 18060-R (August 30, 1950).
WHEREFORE, in view of the Motion for the Resolution of
Separate Decision with Compromise Agreement as submitted by
the Republic of the Philippines thru its Hon. Solicitor General,
the same has been granted and both owner and duplicate copies
of the lost original of OCT No. T-01-4 has been considered
reconstituted with the same force and effect for and in favor of
the Heirs of Prince Lacan Acuna Tagean Tallano and/or his
successor in interest, subject to the following terms and conditions
as herein stipulated by both proponents, here namely:
1. That the Republic of the Philippines thru its then President,
His Excellency Diosdado Macapagal, along with his then
Hon. Secretary of Justice Salvador Marino, and now had
adopted by His Excellency President Ferdinand E. Marcos
along with his Solicitor General, representing as Legal
Counsel of the Republic of the Philippines waived its right
over the land that has been presently found public land or
Titled Land but from fraudulent source or fraudulent in
character to and in favor of the heir of the late Prince
Julian Macleod Tallano or to his heir or his successor in
interest, Prince Julian Morden Tallano, on the conditions
that the land emancipated to the farmers-beneficiaries of
the government land reform programs should be recognized
and well respected free from any taint or maneuver of
illegality or conversion of any party whatsoever into
118
commercial or other purposes than the objectives of the
land reform program, the said subject land, otherwise in
case of breach over the conditions, should be recalled to
and in favor of the owner, Tagean-Tallano Clan to secure
the interest of the Fil ipino farmer-beneficiaries;
2. That all land covered by agricultural land reform should
be preserved for the interest of the farmers and of the
government, and only unpaid payments due to the land
owner out of the expropriation proceedings should be
paid to the eligible beneficiaries, the Heirs of the late
Prince Julian Macleod Tallano;
3. That all lands occupied by government structures,
either national or local, the same should be saved for
the interest of public domain in the form of donation;
4. That all lands reserved for National Parks, hospital and
military camps prior, under and after the administration
of His Excellency Ferdinand E. Marcos, the same should
be conserved, except when subject properties would be
subjected to a commercial use, said land should be
reverted to the lawful owner, The Tagean-Tallano clan;
5. That the government should extend authority firmly and
its cooperation to the herein lawful owner in pursuing
their claims to Sabah and (Tagean) Kalayaan Islands to
the extent of seeking from the jurisdiction of the
International Court of Justice in order to secure our
119
national interest and sovereignty against eventually or
invasion;
6. That the government, national or local, should conserve
environmental interest of the archipelago by insti l l ing
an appropriate law and ordinance, otherwise, when
failed, the lawful heirs have the rights to pursue the
same by putting up restrictions for prevention of hazard
to the affected areas either the sea, forest, rivers,
mountains, or valleys;
7. That the lawful heirs have the right to recall the land
designated to the farmers or intended beneficiaries
when said paramount purpose of the government defies
or virtually diverted into a commercial interest for its
cohorts and or only when said Land Reform and Urban
Land Reform for the benefits of other party or parties
other than those beneficiaries, the Fil ipino farmers;
8. Ordering the Honorable Register of Deeds of the towns,
cities and provinces where the land is located and/or
directly the Honorable Register of Deeds of the Province
of Rizal, Hon. Register of Deeds of Pasay, Hon. Register
of Deeds of Manila to adopt the reconstituted owner
and duplicate copies of the Land Title OCT No. T-01-4
in the issuance of expediency TCT (s) for and in favor
and in behalf of the late Prince Lacan Acuna Tagean
Tallano and his heirs and assigns including the issuance
of expediency Titles to protect the Fil ipino people under
the Torrens System law;
120
9. Ordering the National Government, Office of the
President of the Phil ippines and his staffs, the National
Treasurer and his staffs, the Solicitor General and his
staffs and the Governor of the Central Bank to relocate
the remaining inventory balance of 400,000 metric tons
of gold nuggets own by the Royal Family, the Tagean-
Tallano family, and, when relocated, return the same to
the vaults of the Central Bank for the interest of the
Fil ipino people to serve as U.S. dollar reserves required
by the IMF and the World banks, while that 5% of that
1% of the required royalty fee which was unpaid
starting in the year 1969 to the present and to its
succeeding years until the precious metals has been
withdrawn based on the prevail ing market price should
be paid directly to the authorized Heir, Prince Julian
Morden Tallano.
10. That the government buying prices o the subject land
from the Tagean-Tallano family should be subjected to
the following quotations, hereunder:
I. Within the Greater Manila Area
A. Residential Lot - at a price of P1,000.00 per
square meter for a maximum
of 10,000 hectares.
B. Commercial Lot - P1,500 per square meter for
a maximum of 5,000 hectares
121
II. For the Provinces of Rizal, Laguna, Cavite, Batangas,
and Bulacan
A. Residential Lot - P100.00 per square meter for
a maximum of 10,000 hectares.
B. Commercial Lot - P2,000 per square meter for
a maximum of 10,000 hectares.
C. Agricultural Land - P10.00 per square meter for
a maximum of 500,000 hectares.
III. For the Provinces in Central Luzon including Pangasinan
A. Residential Lot - P70.00 per square meter for
a maximum of 50,000 hectares.
B. Commercial Lot - P1,500 per square meter for
a maximum of 10,000 hectares.
C. Agricultural Land - P5.00 per square meter for
a maximum of 500,000 hectares.
IV. For the Provinces of Ilocos Region including La Union
A. Residential Lot - P70.00 per square meter for
a maximum of 10,000 hectares.
B. Commercial Lot - P1,200 per square meter for
a maximum of 10,000 hectares.
C. Agricultural Land - P5.00 per square meter for
a maximum land area of 500,000
hectares per province.
122
V. For the Provinces of Mountain Province Region including
Kalinga, Ifugao and Nueva Vizcaya
A. Residential Lot - at a price of P30.00 per square
meter for a maximum of 10,000
hectares for the whole region.
B. Commercial Lot - P1,000 per square meter for
a maximum of 10,000 hectares
C. Agricultural Land - at a price of P3.00 per square
meter for a maximum of 50,000
hectares per province.
D. Baguio City
a. Residential - at a price of P100.00 per
square meter for a maximum
of 2,000 hectares.
b. Commercial Lot - at a price of P1,000 per
square meter for a maximum
of 10,000 hectares.
VI. For the Provinces of Northern Luzon Region including
Isabela, Cagayan and Batanes
A. Residential Lot - P50.00 per square meter for
a maximum of 10,000 hectares.
B. Commercial Lot - P750 per square meter for a
maximum of 10,000 hectares.
C. Agricultural Land - P3.00 per square meter for a
Maximum of 500,000 hectares.
123
VII. For the Provinces of Southern Tagalog, Quezon, Sub-
Province of Aurora, Sub Province of Quirino
A. Residential Lot - P200.00 per square meter for
a maximum of 10,000 hectares.
B. Commercial Lot - P1,000 per square meter for
a maximum of 10,000 hectares
C. Agricultural Land - P3.00 per square meter for a
maximum of 200,000 hectares.
D. For the Province of Mindoro
a. Commercial Lot - at a price of P700.00 per
square meter for a maximum
of 10,000 hectares.
b. Residential Lot - at a price of P50.00 per
square meter for a maximum
of 10,000 hectares.
c. Agricultural Land - at a price of P3.00 per
square meter for a maximum
of 300,000 hectares.
E. For the Province of Bicol and Catanduanes
a. Commercial Lot - at a price of P500.00 per
square meter for a maximum
of 10,000 hectares.
b. Residential Lot - at a price of P40.00 per
square meter for a maximum
of 25,000 hectares.
c. Agricultural Land - at a price of P3.00 per
square meter for a maximum
of 300,000 hectares.
124
F. For the Province of Palawan
a. Commercial Lot - at a price of P500.00 per
square meter for a maximum
of 5,000 hectares.
b. Residential Lot - at a price of P50.00 per
square meter for a maximum
of 5,000 hectares.
c. Agricultural Land - at a price of P2.00 per
square meter for a maximum
of 200,000 hectares.
VIII. For the Provinces in Visayas
A. Commercial Lot
First class town - P1,000.00 per square meter.
Second class town - P700.00 per square meter.
Third class town - P500.00 per square meter for
a maximum of 10,000 hectares.
B. Residential Lot
First class town - P500.00 per square meter.
Second class town - P200.00 per square meter.
Third class town - P100.00 per square meter for
a maximum of 200,000 hectares.
C. Agricultural Land - at a price of P5.00 per square
meter for a maximum of
300,000 hectares.
125
11. And that petition of the Republic of the Phil ippines for Re-
conveyance and Quieting/and for Annulment of all the
Titles that has been issued from owner Certif icate of Title
No. 01 to OCT 100,000, particularly these OCT No. 2573,
OCT 291, OCT 160, OCT 994, OCT 547, OCT 632, OCT 498,
OCT 529, OCT 393, OCT 339, OCT 333, OCT 360, OCT 614,
OCT 543, OCT 448, OCT 408, OCT 409,OCT 414, OCT 222,
OCT 466, OCT 779, OCT 540, OCT 777,OCT 746, OCT 4085,
OCT 730,OCT 735,OCT 4136, OCT 280, OCT 844, OCT 331,
OCT 374, OCT 0-14, OCT 111, OCT 085, OCT No.2 up to
OCT 100,000 and including OCT 820, which are considered
and declared null and void ab initio, and cancelled en toto
from the beginning, has been granted.
12. Ordering the Hon. Register of Deeds of the place where the
said Land Titles in OCT had been issued to cancel the same,
and the subject land covered therein by these Original
Certif icate of Titles should be reconveyed and be transferred
to and in favor of Prince Lacan Acuna Tallano (Tagean) or to
his successor in interest, Prince Julian Morden Tallano;
13. Thereby ordering the Hon. Register of Deeds of the Province
of Bulacan and/or Manila, Honorable Register of Deeds of
Caloocan, Hon. Register of Deeds of Rizal, Hon. Register of
Deeds of Pasay, Hon. Register of Deeds Makati, Hon.
Register of Deeds of Batangas, Hon. Register of Deeds
of Cavite, Hon. Register of Deeds of Laguna, and
Hon. Register of Deeds of the Towns, Cities and
126
Municipalit ies in Luzon, Bicol, Palawan, Mindoro, Visayas and
Mindanao to reconvey the lands that have been covered by
OCT No. 01-4 in the name of Don Hermogenes R. Rodriguez
to and in favor of Prince Lacan Acuna Tallano (Tagean) and
the lost original and owner’s duplicate copies of the said
reconstituted OCT No. 01-4 should be issued to and in favor
of Prince Lacan Acuna Tallano (Tagean) married to Princess
Rowena Ma. Elizabeth Overbeck Macleod, and/or to his
successor in interest, Prince Julian Morden Tallano, single,
Fil ipino, a resident of No. 654, Mariane Ave., Vil la Gloria
Subdivision, Angeles City, Phil ippines.
14. Ordering both Bureau of Land and its Survey Division to
reconstruct and/or restore all relevant documents, records,
microfi lm and corresponding Plan PSU 2031 and Plan II-69
to and in favor of said Prince Lacan Acuna (Tagean) Tallano
or for and in the name of his successor in interest, Prince
Julian Morden Tallano.
15. Ordering the Honorable Register of Deeds of Manila, Cavite,
Laguna, Pasay and of the Province of Rizal in Pasig to
segregate the land covered by TCT No. T-408 under the Plan
PSSU 2031 containing an area of 125,326 hectares for and in
the name of Don Gregorio Madrigal Acop.
16. Ordering the Hon. Register of Deeds of Bulacan to segregate
the land area of 271,276 hectares covered by said TCT
No. T-498, which was been neglected to segregate
127
from said OCT No. T-01-4 from mother Title OCT No. T-01-4,
should be segregated and its corresponding TCT be issued in
favor of the following persons:
a) That the land in Taguig including land area in Fort
Will iam McKinley consisting of 2,212 hectares more or
less, for a total of 3,370 hectares should be segregated
and that corresponding TCT should be issued to and in
favor of Prince Julian Morden Tallano;
b) That around 300 hectares from Fort Will iam McKinley,
part and portion of 2,212 hectares, should be segregated
and its Title be issued to and in favor of the late
Servil lano Aquino from its TCT No. T-408 of its derivative
OCT No. T-01-4 or to his heir Senator Benigno Aquino
who divulged the evilness of the LRC and the Bureau of
Lands;
c) That around 300 hectares from Taguig should be
segregated and its corresponding TCT should be issued to
and in favor of the heir of said Tiagong Tabak, his real is
Don Santiago Taguig Almojera who defended the area of
Taguig, Paranaque, and Las Pinas against Spanish Soldiers,
from its TCT No. T-408 of its derivative OCT No. T-01-4;
d) That around 400 hectares portion of 2,212 hectares of
the Fort Will iam McKinley should be segregated and its
corresponding Transfer Certif icate of Title from TCT No.
T-408 of its derivative OCT No.T-01-4 be issued to the
beneficiaries and heirs of the World War II, Korean War
and South Vietnam war veterans;
128
e) That as part of consideration of the heirs of the true owner
to all lawyers of the Integrated Bar of the Philippines who
continuously fighting against this despotic government
supporting the true essence of justice under democracy, an
area around 200 hectares, portion of Fort McKinley should
be segregated and its corresponding TCT should be issued
to the Integrated Bar of the Philippines, its benefits should
be for its officers and members who are determined to fight
for justice under the tenet of genuine democracy;
f) That an area of 1,200 hectares in Bacoor, Cavite should be
segregated and its corresponding TCT from TCT No. T-408
of its derivative OCT No. T-01-4 should be issued to the
cousin of Don Esteban Benitez Tallano, certain Leonora
Roxas who is married to Don Feliciano Cuevas of Bacoor,
Cavite;
g) That an area of 3,640 hectares in San Juan del Monte and
Mandaluyong should be segregated and its corresponding
TCT from TCT No. T-408 of its derivative OCT No. T-01-4
be issued to and in the name of the late Don Juan Ejercito
and/or to his successor in interest, the couple of Engineer
Emilio Ejercito and Mary Marcelo Ejercito of San Juan,
Greater Manila Area;
h) That an area of 2,000 hectares in Meycauayan, Bulacan and
its corresponding TCT from TCT No. T-408 be issued to
and in favor of Dona Mary Marcelo Ejercito as a gift
her grandfather-in-law , Don Juan Ejercito, for
consideration as most outstanding sanitary engineer of
the Marikina Valley Mining Company in the year 1916 to
129
1936, for his noble contribution and heroism who totally
stopped the supposed flash floods that saved the lives of
200,000 people in the City of Manila and its suburbs from
the said mining dam during the heavy rain in the year
1921;
i) That an area of 271,276 hectares evidenced by TCT No.
T-498 be segregated from OCT No. T-01-4 for the
segregation of an area of 340 hectares (which was
corrected from 1,340 hectares) in Malabon and another
600 hectares (l ikewise corrected from 1,600 hectares) in
Navotas for a total of 940 hectares should be segregated
and its corresponding Title from this derivative Title TCT
No. T-498 should be issued to and in favor of Don
Francisco Maysilo (who served as financier of the clan) or
to his successor in interest.
j) That an area of 300 hectares in Bil ibid Viejo, San Miguel,
Quiapo, Manila portion of TCT No. T-408 from OCT No. T-
01-4 be segregated and be issued its corresponding Title
to and in favor of Atty. Benito Legarda and his heirs or
assigns who served the Royal family as legal counsel of
the Estate;
k) That an area of 7.4 hectares situated MIA-Sucat Road
situated in Bo. Sto. Nino, Paranaque, Rizal where the on-
going construction of this proposed government building
be segregated and its corresponding TCT be issued from
TCT No. T-408 its derivative OCT No. T-01-4 to and in
favor of Prince Julian Morden Tallano or his successor in
interest;
130
l) Ordering the Honorable Register of Deeds of Quezon City
and/or Bulacan to segregate an area of fifty (50)
hectares portion of 271,276 hectares of TCT 498 and its
corresponding Land Title be issued to the Iglesia Ni
Cristo embracing the INC Central to prevent from any
further land dispute in the future.
m) Ordering the National Government and the local
government of the Dadiangas and/or General Santos town
to reconvey some 750 hectares of commercial lot within
town proper of said town;
17. Ordering the national Government, its agencies and instrumentalities,
including the Department of Justice and its Honorable Solicitor
General to respect the imprescriptibility clause of this Decision with
Compromise Agreement against Five (5) years prescription period
of Execution for the new issuance of the lost original and owner’s
duplicate copies of the reconstituted OCT No. 01-4 and its
expedients Transfer Certificate of Title No. T-408 and TCT No. T-
498, if ever these two (TCT) have been reconstituted, considering
that the issuance of reconstituted copies of subject OCT and its
TCT No. T-408 and TCT No. T-498 are indispensable in the
availability of funds for the payment of taxes, which, the sources of
said funds have been sourced directly from the P3 Billion pesos and
its interest of 7& per annum for 30 years ending on December 31,
1998 to be paid by the National Government as Accumulated
Damages to the Tallano-Tagean clans over the estate as one
among the conditions specified in this Decision with Compromise
131
agreement. While the payment of the government to the clan
originated in the year 1961 with ten (10) years grace period
ending December 31, 1971 with an interest of seven (7%) per
annum. But to no avail as part of this stipulation said
payment has been extended for another 28 years ending
December 31, 1998 where partial payment of P2 Bil l ion pesos
in the form of Land Bank Bond Certif icate dated 1968 for
another 30 years moratorium had attained also ending
December 31, 1998. Clearly, the payments of the National
Government wil l be started on January 1, 1999 where the
reckoning date for the five (5) years prescription should be on
that on the same date, January 1, 1999; provided the
government wil l observe religiously its payment, that as well
as no prescription period on the part of the Estate to collect
said payment of damages from the government.
18. Ordering the National Treasury or its Depository Bank,
Phil ippine National Bank, Land Bank of the Phil ippines or the
Prudential Bank to release the P1 bil l ion in cash which is due
and demandable to date to the Tagean-Tallano clan
represented by its heir Prince Julian Morden Tallano, as part
of the damages sustained by the family over their lands and
their crops from mill ion of mango fruit-bearing trees and
other orchard plants bulldozed and destroyed by the
Department of Public Works and Highways and by their
cohorts Real Estate Developers.
132
19. Ordering the National Government, the Department of
Agriculture and its succeeding concern government agency to
waive, reconvey and transfer its possession including its
corresponding Title when available over the 4 lots and the
whole Crisostomo Estate consisting of 3,735 hectares in
Cabanatuan and Sta. Rosa to and in favor of the late Prince
Lacan Acuna Tagean or to his successor in interest, Prince
Julian Morden Tallano, or to his heirs or assigns.
20. Ordering the other government agency and the Bureau of
Lands in Baguio City including the City Government of Baguio
to assist the land owner to recover their land in Green Valley
and their land in Sto.Tomas, Benguet which is under the
unlawful detaineer of certain Vicente Adiwang, the farm
helper, certain Gregorio Quesubeng, the tenant of the land
owner, consisting of 500 hectares of raw land, including some
3,700 hectares in Camp Jonhay to facilitate segregation and its
corresponding Land Title be issued to and in the name of late
Mateo Carino or his heirs for an area of 700 hectares.
21. Ordering all authorities, the member of Integrated National
Police, the member of PC, the member of Philippine
Army, member of Marine Force and the member of
the National Bureau of Investigation, and authorities
form part of the AFP the Sheriff of the town/cities and
officials of Barrio Government Units where the lands are
located to respect this Decision and extend assistance to
the land ower or their legal counsel toward relocation
133
and recovery and fencing of the subject lands within your
localit ies.
22. Ordering the National Government, its concern agencies, the
Bureau of Land, the Land Registration Commission assigned
in Mindanao including the Hon. Register of Deeds of the
areas where the lands are situated covering the whole area
from of Cotabato, Jolo and Sulu to segregate said area from
its mother Plan II-69, and its corresponding TCT, its derivative
Land Title is OCT 01-4, be issued to and in the name of with
the word: MUSLIM BROTHERS AND SISTERS OF Mindanao,
to stop civil war in the Mindanao area which is the root
cause of that strife, where such ancestral lands as legacy of
the King Luisong Tagean Tallano have been abused but now
it be instituted, exercised and implemented without delay in
favor of his Muslim descendants.
23. Ordering the Hon. Register of Deeds of the Province of Rizal in
Pasig and/or Makati, including Hon. Register of Deeds of the
City of Manila and Hon. Register of Deeds of the Province of
Nueva Ecija in Cabanatuan to reconvey, transfer the following
lands, here namely: to and in the name of Prince Lacan Acuna
Tagean Tallano or to his heir Prince Julian Morden Tallano:
A. For the City of Manila, land under CLRO, Cadastral
Record 302, from Expediente Cadastral
No. 62 under Certif icado de Titulo de
Transferencia No. 26727, CLRO Record
134
No. 786 in the name of Benita Manotoc y
Lerma, under Lot No. 60, Block No. 2918,
of an area of 31,567 square meters and
seventy square decimeter;
Lot No. 62 of CLO Record No. 786 also in
the name of Benita Manotoc y Lerma with
an area 49,300 square meters and ten
(10) square decimeters;
Lot No. 68, CLRO 786 also in the name of
Benita Manotoc y Lerma with an area of
1,957.30 square meters, more or less;
Lot under Cad. No. 13 containing an area
30,000 square meters, more or less;
B. For the Province of Rizal in Pasig and/or in Makati
situated in Taguig, Paranaque and Pasay
City; all lots under Expediente No. 2484
in the name of Dona Dolores y Casal also
in the name of Hacienda Maricaban under
Decree No. 1368 containing an area of
25,743,514.75 square meters, more or
less or 2,574 hectares and 3,514.75
square meters previously under Civil case
No. 119 of the CFI of Quezon City.
135
24. Ordering the Hon. Register of Deeds of Quezon City to reconvey
the land with an area of 4,399.322 square meters, more or less
under alleged Plan II-4816 which was previously under Civil
Case No. 119 of the CFI of Quezon City allegedly evidenced by
OCT No. 362 by virtue of this Decision with Compromise
Agreement which the claimant for this land was barred by
Stature of Limitation and of Compromise Agreement and the
corresponding Land Title be issued to and in favor of Don
Esteban Benitez Tallano or his heir Prince Julian Morden Tallano.
25. Lot along and situated in the Capital Site and Fairview Avenue,
and NAWASA EQUADUCT bounded on the East by Commonwealth
Ave., on the South by Republic Avenue and the proposed B. F.
Homes Housing Projects and of Sitio Commonwealth, Barangay
Diliman of then Caloocan City, now Quezon City, containing an
area of 1,205 hectares and three thousand (3,000) square meters.
26. Ordering the Hon. Register of Deeds in Nueva Ecija in
Cabanatuan City to reconvey the Crisostomo Estate under
Decree No. 347312, under Plan II-11288, and lot situated in Bo.
Bagnoy, Barrio Soledad Municipality of Sta. Rosa containing an
area of 131.79 hectares and another lot, Lot-2, Lot-3, under
Plan II-11288 situated in Gregorio Crisostomo, and Vitas in
Cabanatuan City containing an area of 3,250 hectares, and
another lot, Lot No. 4 of Plan II-11288 situated in Bo. San
Gregorio, Sta. Rosa, Nueva Ecija with an area of 1,217 hectares,
more or less; and its corresponding TCT also be issued to and in favor
136
of Don Esteban Benitez Tallano or his heir Prince Julian
Morden Tallano, allocating therefrom an area of 100 hectares
from Lot No. 2 and be segregated and its corresponding TCT
be issued to the Compadre of Mr. Benito Tallano, the
incumbent Governor Eduardo Joson or his heirs;
27. Ordering the Hon. Register of Deeds of Rizal in Pasig to
reconvey and its corresponding Title TCT of land with an area
of 32,322 hectares, more or less, be issued to Don Gregorio
Madrigal Acop and his heir Julian Morden Tallano under an
allege TCT No. 8037 in the name of Fortunato Santiago
married to Maria Pantanil la Santiago;
28. Ordering the Hon. Register of Deeds of the City of Manila to
cancel OCT No. 8349 under Special Patent No. 969, and its
subsequent TCT that was issued in the name of Land Bank
recently, said TCT No. 101002 on May 5, 1970, which was null
and void ab initio including its Title thereto which was barred
by the Decision with Compromise Agreement, and said land
under said barred OCT 8349, TCT No. 101002 and its
subsequent Land Title should be reconveyed and its
corresponding Land Title be issued to and in favor of Don
Madrigal Acop or to his assigned heir, Prince Julian Morden
Tallano, considering that the same subject land under
LRC/Civil Case No. 3957-P, where the other claimant,
Fortunato Santiago married to Maria Pantanil la Santiago, who
presented said document under Plan II-69, Lot 1, and Lot 2,
had never succeed under this proceedings by reason of
137
PRIUS TEMPORI PORTIUR JURI and by reason of that Null and
Void ab initio, no force and effect;
29. Defiance to this Decision by anybody, a corresponding arrest
and imprisonment should be enforced by virtue of the
Contempt of Court, and, stiffer penalties should be charged.
30. That the only authorize executor over Deed of Absolute
Sale, Conveyance Deed of Donations, Contract to Sell
involving the Estate is the lawful successor in interest of
Don Esteban Benitez Tallano, Don Gregorio Madrigal Acop,
and Benito A. Tallano in the person of Prince Julian
Morden Tallano, provided, the consideration should not be
lower than the 30 % of the prevail ing market value, its
initial required down payment, if any there be, in the
absence of 100% cash down payment consideration should
not be lower than the 10% of the 30% of the prevail ing
market value. However, in the absence of the herein
specified lawful heirs, his eligible wife, qualif ied to suite
the requirements set forth by his predecessor, Don Esteban
Benitez Tallano, who mus t be a graduate of a four year
course, passed the Professional Regulatory or any
government Board Examination, born under the Zodiac sign
of either Scorpio, Sagittarius, Capricorn or Gemini, whose
name should be identical to late Princess Rowena Maria
Elizabeth Overbeck Macleod, whose mentality is highly
positive with exerted efforts of cooperation and
determination for the Estate, and her characteristics is
with high turpitude free of untainted chastity being a
138
genuine maiden lady, who earned by the Order of this Court
the similar Title of Princess to serve as with the noble Title
with true love and worthy services for the Prince or any of
his children, provided their lawful ages should of no less
than 24 years of age.
That the only authorize land area to deal for said deeds
should not be in excess of 10,000 hectares at 70% to his
principal and 30& for the estate which must be applicable to
every person, juridical or natural person.
That any Special Power of Attorney, General Power of
Attorney, Deed of assignment with Conveyance or authority
that has sale, mortgage or re-assignment clause, is hereby
declared null and void no force and effect and barred ab initio.
Any provision, agreement, contract or stipulation to the
contrary, such Deeds of whatsoever nature the same has been
treated null and void no force and effect ab initio, and nullified
forever.
Let this Decision with Compromise Agreement be enforced
enjoining all concern private persons and government authorities
herein specified and everybody, natural or juridical person, to
observe and address this Decision with Compromise Agreement
observing the imprescriptibility period clause over its execution
or issuance of its required original and duplicate copies of OCT
01-4 including its TCT No. T-408 and TCT No. T-498 and
139
including the withdrawal of the deposited gold bull ion from
any government body, within and/or outside the archipelago,
either a member of United Nations or any League of Foreign
Nations, Federations as long as within the bond and
jurisdiction of the International Court of Justice to serve for
the interest of the lawful beneficiaries of late Prince Julian
Macleod Tallano and the whole Fil ipino people in general,
otherwise, anyone who defies this Order shall be dealt
accordingly with the fullest force of the law.
SO ORDERED.
Pasay City, February 4, 1972.
(SGD) ENRIQUE A. AGANA Presiding Judge
$ 3.00VOLUME 46, NUMBER 10 JANUARY 18, 2006
CONTACTP.O. Box 27800Las Vegas, NV 89126
FIRST CLASS MAIL
ALSO IN THIS ISSUE:
CONTACTNOT TO OPPOSE ERROR IS TO APPROVE ITNOT TO DEFEND TRUTH IS TO SUPPRESS IT
NEWS REVIEW
TTTTThe Fhe Fhe Fhe Fhe Factual Historactual Historactual Historactual Historactual HistoryyyyyOf the PhilippinesOf the PhilippinesOf the PhilippinesOf the PhilippinesOf the Philippines
PHOENIX JOURNAL REVIEWNews Reviews, Previews and Alternative Views
FIRST-CLASS MAILU.S. POSTAGE PAIDBAKERSFIELD, CA
PERMIT NO. 758Public Notice of 3/31/03 re OCT 01-4..........................................................page 2Letter of Intent of 6/7/02..............................................................................page 2The Philippines in Relation with OCT 01-4....................................................page 2Annotations to OCT No. 01-4.......................................................................page 4List of Orders, Decisions, Writs of Executions, Entries of Judgment..............page 8Comments, Facts and Truth of Illegal Ownership of Real Estate Properties........page 12List of Buyers of Real Estate Properties Derived from Bogus OCT 383............page 13Bona Fides: The Tallano Foundations in USA and Philippines.............................page 14Public Notice: The Tagean-Tallano Gold (617,500 M.T.)......................................page 15
SPECIAL EDITION: UPDATE OF HISTORICAL APRIL 9, 2003 ISSUE
CONTACT is reprinting herein its nearly three-year-old article that resulted from the “DueDiligence” performed by Global AllianceInvestment Association during 2002 and 2003 asan “update” to a story that could very well impactthe economic system of the whole planet.
The original story will be presented “as is”; the“players” in the current situation moreauthentically identified; and additional informationis presented.
At the time of the first publication there wassome doubt as to whether some or all of the RoyalFamily gold might have been removed. While stillofficially unconfirmed, there is now very strongevidence that all, or most, of the gold is intact. TheDon Esteban Benitez Tallano & Don GregorioMadrigal Acop Foundation, Inc. has given noticeto the government of the termination of the leaseand of its intent to take possession of its gold.
“THE TRUTH WILL OUT”
OCT No. 01-4THE ONE AND ONLY
“ORIGINAL CERTIFICATE OF TITLE”TO THE 7,169 ISLANDS KNOWN AS
THE ARCHIPELAGO OF THE PHILIPPINESALSO (AND MORE PROPERLY) KNOWN AS
MAHARLIKATHE WEALTHIEST NATION ON EARTH?
What other Nation has 400,000 metric tons of goldin its vaults? What other Nation has more energy(clean hydrogen from deuterium [“heavy water”])under its seas than could be available from all of the
hydrocarbons (including coal)
in all of the rest of the world?Most of “history”, as we get to see it published,
has suffered some interpretation, stylizing, modernizing,and even outright “revision”. What the reader is aboutto find is a mode of history that has suffered nochange, even though preserving it has cost many liveswhile those seeking to change (or hide) it have madethemselves rich and powerful.
The Philippines uses the “Torrens title system” forregistering titles to land. In this system, the OriginalCertificate of Title (OCT No. T-01-4) applies to thewhole archipelago and Transfer Certificates of Title(TCT) subtract a given, surveyed and described parcelfrom the OCT. The record of such a transaction iswritten as an “annotation” on the reverse of the DEED,or an attached parchment. These annotations plus thecourt orders, writs, and decisions tell a real history, evenif unromantic in spots. We hope you enjoy reading it asmuch as we enjoyed getting it together.
—E.J. Ekker and Cenon C. Marcos
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ANNOTATIONSto
OCT No. 01-4(13 page images ending on page 7)
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LIST OF ORDERS, DECISIONS, WRITS OF EXECUTIONS,ENTRIES OF JUDGMENT AND SHERIFF RETURNS ISSUEDBY THE SUPREME ORDER OF THE ROYAL CROWN OFENGLAND, SPANISH ROYAL ORDER, COURT OF FIRSTINSTANCE, REGIONAL TRIAL COURT, AND COURT OFAPPEALS FROM 1572 UNTIL 2003 PERTAINING TO CIVILCASE LRC 571, 997-P AND 3957-P AND CA. G.R. SP. 70014 INCHRONOLOGICAL SEQUENCE:
TABLE OF CONTENTS REF. NO. PARTICULARS DATE
1. Royal Decree of 1572, confirmed by Supreme Court 1583. 15722. Supreme Order of the Royal Crown of England on Land 01-17-1764
Registration Case 571 Decreed that Prince Lacan AcuñaTagean Tallano is the owner of Philippine ArchipelagoCovered by OCT 01-4.
3. Spanish Royal order of 1864 where OCT 01-4 is registered 1864anew in the name of Prince Julian Macleod Tallano.
4. LRC Case No. 997-P challenging TCTs No. T 408 & 498. (See NOTE below.)
5. Decision with Compromise Agreement issued by 02-04-1972Judge Enrique A. Agana of CFI 28 Pasay City.
6. Entry of Judgment of LRC/CC 3957-P 09-14-19727. Clarificatory Order issued by Judge Enrique A. Agana 03-21-19748. Writ of Execution, Demolition and Possession issued by 09-10-1974
Judge Enrique A. Agana.9. Decision by Judge Enrique A. Agana. 11-04-197510. Clarificatory of Decision by Judge Agana. 01-19-197611. Sheriff Return by Atty. Jose E. Ortiz Jr. 05-04-197912. Order of 3rd Alias Writ of Execution Possession and 05-28-1989
Demolition with Dismissal to Motion for Relief of theNational Government by Judge Sofronio G. Sayo
13. Partial Compliance with Sheriff Certificate of Return 10-09-1989By Atty. Jose E. Ortiz Jr.
14. Order of Court Alias Writ of Execution by Judge Sayo. 03-03-199515. Court Order by Judge Ernesto A. Reyes 07-07-1997
RTC Branch 111 Pasay City.16. Court Order by Judge Ernesto A. Reyes. 02-02-199817. Court Order by Judge Ernesto A. Reyes. 07-11-200118. Court Order by Judge Ernesto A. Reyes 10-08-200119. Court Order by Judge Ernesto A. Reyes 12-12-200120. Court Order by Judge Ernesto A. Reyes 12-19-200121. CA G.R. SP. NO. 70014 Motion for Annulment of 04-09-2002
Judgment by Solicitor General.22. Comment and/or Opposition to the Petition with 05-20-2002
Motion to Dismiss by Atty. Manuel G. Natividad Jr.,Counsel of Julian M. Tallano.
23. Writ of Preliminary Injunction by Court of Appeals. 06-25-200224. Ultimate Rejoinder with Motion to Resolve and Dismiss 11-20-2002
by legal Counsels of Julian M. Tallano.25. CA G.R. SP. NO. 70014 Resolution by Court of Appeals 02-20-2003
NOTE: Case # 997-P “can no longer be found, having been consolidated into Case 3957-P”. That isunfortunate since it seems the apparent duplicity of the Solicitor General’s attempt to capture 01-4 bysending notices of hearings to places Tallano and Acop would not be, declaring them to be dead with noheirs, and reverting 01-4 to the government, began with and was structured around that case.
CENON MARCOS, AUTHORE J EKKER, COLLABORATOR
1. 1572, Royal Decree of 1572 issued by theRoyal Audiencia, confirmed by the newly establishedSupreme Court approximately May 5, 1583.“Respecting ownership of the Royal family to the entirearchipelago with exemption that the Island ofMindanao be reverted back to the Noble King’scousins; the three (3) Sultans of Mindanao led bySultan Sinsuat, Sultan Hadji Kiram Misuari, and SultanSirongga … that should be inherited only by theirrelative Moslem families.”
2. January 17, 1764 Pursuant to Decree of 01-4 Protocol, by virtue of Supreme Order of the RoyalCrown of England and in accordance with the RoyalAudiencia de Manila in a Land Registration Case No.571 of said court, having been duly and regularly heardin accordance with the provision of the land laws asadopted in the Torrens System, it was decreed thatPrince Lacan Acuña Tagean Tallano, married toPrinces Rowena Ma. Elizabeth Overbeck Macleod ofAustria, is the owner in fee simple of Hacienda Filipinaor the Philippine Archipelago.
3. 1864, By virtue of the Spanish Royal Orderof 1864 OCT 01-4 had been registered anew in thename of Prince Julian Macleod Tallano, the Tageandescendant and only son of Rajah Soliman andPrincess Tarhata Kahar.
Some cases are missing that should be includedand, if they can be located they will be included lateras the research continues. For instance, in the formalTRANSFER CERTIFICATE OF TITLE (TCT) No.498 dated November 4, 1932 appears the followingportion of a footnote: “This land covered by TorrensTitle TCT No. T-498 transferred from OCT No. T-01-4 had been a subject of Court Proceedings for the re-registration on the year 1903 as was ended on theyear 1904, in the Sala of the Supreme Court, incompliance to Land Registration Act 496 and the samehad been placed and adjusted into another CourtProceedings also in compliance of Cadastral Act 2259which was ended on the year 1915 favorably to theoriginal owner, late Prince Julian McLeod Tallano.”The footnote was added, signed and certifiedSeptember 7, 1964 by José D. Santos, Register ofDeeds, Municipality of Pasig.
The footnote appended to TRANSFERCERTIFICATE OF TITLE (TCT) No. 408 datedJune 7, 1932 states: “This Land covered by TorrensTitle TCT No. T-408 had been a subject of CourtProceedings for the re-registration on the year 1903 aswas ended on the year 1904, in the Sala of theSupreme Court, in compliance to Land RegistrationAct 496 and the same had been placed and adjustedinto another Court Proceedings also in compliance ofCadastral Act 2259.” The footnote was added, signedand certified November 4, 1972 by Oscar T. Eusebio,Register of Deeds, Rizal Province. The two TCTswere divided into Parcels, 4 for 408 and 6 for 498.The official surveys were done in 1909 and 1910 andaccepted in 1911. Some readers will not recall thatthe Philippines were U.S. “territories” from 1900 to1946, yet the private ownership of all lands wasrecognized by the U.S. as evidenced by their leasinglands from Tallano as early as 1904 for Camp JohnHay at Baguio, some 5,000 hectares (a hectare isapproximately 2.2 acres) for $20,000 per year.
4. DATE NEEDED***LRC Case No. 997-P was filed by other claimants of the property(covered by 408 and 498 on the basis of “SpanishLand Grant”). Wilson P. Orfinada then filed LRCCivil Case 3957-P DATE NEEDED***. OnJune 7, 1962 the two cases were consolidated intoLRC Civil Case 3957-P on motion of the
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Republic of the Philippines to avoid conflict ofhearing dates of the two cases.
5. February 4, 1972, LRC CIVIL CASE NO.3957-P, DECISION WITH COMPROMISEAGREEMENT issued by late Judge Enrique A.Agana of CFI Branch 28 Pasay City. In as muchthat the Solicitor General did not file an appeal byApril 4, 1972, the Decision with CompromiseAgreement become final and executory and it wasentered into the Book of Judgement on the 14th dayof June 1972 as confirmed by:
6. September 14, 1972 Entry of Judgmentissued by Atty. Jose E. Ortiz, Jr. Clerk of Court.
The DECISION WITH COMPROMISEAGREEMENT deserves special mention because itis the defining document, the formal expression of anAGREEMENT reached between the government andthe acknowledged owners of all of the land (bothabove and below the waters of the Archipelago) asagreed to and enforceable by the Judiciary. TheAgreement was reached in 1964 during the Presidencyof Diosdado Macapagal and was confirmed andmemorialized by Judge Agana during the Presidencyof Ferdinand E. Marcos. It has been declaredenforceable by Judges during every Presidency sinceand still certain elements of Philippine society conspirewith government employees, many of whom are in theJustice system, to issue false land titles. The creationof many very large family fortunes that were litigantsin the case has been facilitated by such practices.The caption of Case No. 3957-P was styled:
LRC/CIVIL CASE NO. 3957-P for Quietingof Titles/Reconveyance of Real Properties withReconstitution of OCT No. T-01-4, TCT No. T-408/TCT No. 498 in accordance with Rep. ActNo. 26 in the name of Prince Lacan TageanTallano, Don Gregorio Madrigal Acop and DonEsteban Benitez Tallano.
The last names of some of the litigants in the caseare: Orfinada, Rodriguez, Cardona, Padilla, Aguilar,Santiago, de los Santos, Esteban, Condrado, San Pedro,Gregorio, Marcelo, Oritgas, Aquino, Soriano, Javier,Cardoso, Jacinto, and Cruz. Many of these samenames are found in the “Society” sections of the localnewspapers each week.
It will be useful to quote, verbatim, the first halfof Judge Agana’s opening paragraph:
With the blessings of our Supreme Being withHis judicial enhancement over the victim ofinjustices and greatest land grabbing scandals, theRepublic of the Philippines failed to deviate fromentering with heirs of Price Julian Macleod Tallanofor a Separate Decision with CompromiseAgreement. But to settle once and for all the issueof ownership over the land under OCT No. T-01-4 together with reconstitution of lost owner and theduplicate copies of its original WAS A Motion filedby the Republic of the Philippines and, including thereturn of precious metals and stones consisting of617,000 metric tons of gold and 500,000 pieces of10 karat diamonds to the Royal family is anotherMotion filed by the herein intervenor that needs tobe resolved under the same Sala (court) thatoriginally (was) under old case 997-P…consolidated into LRC/Civil Case No. 3957-P.
On page 120 of the same document the numbersare changed a bit, presumably because additionalinformation came to light. Paragraph 9. says:
Ordering the National Government, Office ofthe President of the Philippines and his staffs,
the National Treasurer and his staffs, theSolicitor General and his staffs and theGovernor of the Central Bank to relocate theremaining inventory balance of 400,000 metrictons of gold nuggets own by the Royal Family,the Tagean-Tallano family, and, when relocated,return the same to the vaults of the Central Bankfor the interest of the Filipino people to serve asU.S. Dollar reserves required by the IMF and theWorld banks, while that 5% of that 1% of therequired royalty fee which was unpaid starting inthe year 1969 to the present and to itssucceeding years until the precious metals hasbeen withdrawn based on the prevailing marketprice should be paid directly to the authorizedHeir, Prince Julian Morden Tallano.
The gold price at year-end 1970 (the first year forwhich interest on the unpaid Royalty was due) was$38.90 per ounce. If we multiply the number ofounces in a metric ton of gold (31,103) X 1% (.01) X5% (.05) X 400,000 metric tons, we will have a“constant” of 6,220,800 to use. If we multiply theconstant times the price in a given year we get theRoyalty due for that year. In 1970 the numberrounded to the nearest million dollars was $242M.That Royalty was not paid.
At that time the interest rate mentioned in some ofthe court documents was given at 7%. 242 milliondollars at 7% to the end of 2002 (33 years) is 2,256billion dollars. When all of the Royalties are added upthey come to $62,496B. When their earned interest isadded the total is $200.172B. The value of 400,000metric tons of gold is more than 4 trillion dollars (morethan 200 trillion pesos).
The DECISION takes 139 pages and cannot bereproduced in its entirety here so we will quote thelast few paragraphs:
Let this Decision with CompromiseAgreement be enforced enjoining all concernprivate persons and government authoritiesherein specified and everybody, natural orjuridical person, to observe and address thisDecision with Compromise Agreement observingthe imprescriptibility period clause over itsexecution or issuance of its required original andduplicate copies of OCT 01-4 including its TCTNo. T-408 and TCT No. T-498 and including thewithdrawal of the deposited gold bullion fromany government body, within and/or outside thearchipelago, either a member of United Nationsor any League of Foreign Nations, Federation aslong as within the bond and jurisdiction of theInternational Court of Justice (ICJ) to serve forthe interest of the lawful beneficiaries of latePrince Julian Macleod Tallano and the wholeFilipino people in general, otherwise, anyone whodefies this Order shall be dealt accordingly withthe fullest force of the law.
SO ORDERED. February 4, 1972,ENRIQUE A. AGANA, Presiding Judge
This Decision with Compromise Agreement wasmet with a storm of protest and a flurry of lawsuitsfrom those people who had thought they werelegitimately buying their property as well as those whohad conspired with public officials to createfraudulent titles in order to “sell” the property tounsuspecting buyers. On December 28, 1973Acop-Tallano (through the Court AppointedAdministrator, Julian Morden Tallano) filed a“COMPLAINT-IN-INTERVENTION asking thecourt (Judge Agana) for a “Clarificatory Order”,part of which reads as follows:
7. March 21, 1974 Clarificatory Order
WHEREFORE, judgment is hereby renderedin favor of Julian M. Tallano, et. al., ordering theProvincial Assessor of Rizal, Batangas, Laguna,Cavite, and Bulacan, including those assignedassessors in the area where the land is locatedto accept payment of realty tax of theembracing real property from the heirs-intervenor, Mr. Julian M. Tallano for amaximum period of five (5) years by offsettingthe amount of damages P2 billion pesos from thegovernment in as much as the government,through its Hon. Solicitor General had enteredinto a judgment with compromise agreementwhich was adjudicated on February 4, 1972 in aseparate proceeding where the issue ofownership over the land covered by Land TitleOCT No. T-01-4 including the governmentpetitions for judicial reconstitution of saidTorrens Land Title OCT No. T-01-4 had beenresolved.
That all Land Titles that were issued by theLRC and/or Register of Deeds of the placewhere the land is located, except, that OCT No.T-01-4 over the Archipelago and except thatTCT No. T-408 and TCT No. 498 in theProvince of Bulacan, Greater Manila Area,Province of Rizal, Province of Laguna, Provinceof Batangas and Province of Cavite, and suchfraudulent Title particularly those numbersranging from OCT No. T-01-4 to OCT No.4085 to OCT No. 10,000 [probably atypographical error since the number is OCT No.100,000 in all of the other cases], based on therecommendation of Hon. Commissioner AntonioNoblejas to this Honorable Court dated January3, 1964 firmly pleaded by Hon. Solicitor GeneralHugo Gutierrez, are hereby declared null andvoid, no force and effect, from beginning,ordering the Hon. Register of Deeds to cancelthe same if ever on file in the records of theRegister of Deeds of the towns and provinceswhere the land is situated.
Ordering the concern Register of Deeds ofthe Town, City and the Province where theLand is located to record above declared voidOwner Certificate of Titles including thoseTransfer Certificate of Titles that were issuedbut non derivative from legitimate OCT No. T-01-4, which are also declared null and void LandTitles, and inform the general public about thementioned fraudulent Land Titles to prevent thepeople to be adversely affected by these illegalpublic documents.
There are more detailed orders (6 pages) followingbut the above is sufficient for our purposes here.Judge Enrique A. Agana signed the Order March 21,1974. In the face of dozens of challenges in the courtsduring every presidential administration since theissuance of this order, the courts have consistentlyupheld it. Whether one likes the idea of a single personcontrolling most of land in an entire nation of some 80million people, or doesn’t like it, that is the law in thePhilippines. It does not have to be a “bad” situationas will be illustrated in the SUMMARY of this paper.
A further comment will be helpful since we couldnot reproduce the entire DECISION. TheGovernment waived its right over the public and“Friar” lands in exchange for what amounts to the“free use” of all of those lands occupied by publicbuildings, public schools, hospitals, courts, municipaland city buildings, police and military training camps andsimilar land necessary for the public use. We say
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“free use” because any time the land was no longerneeded for the purpose provided, it was to revert tothe ownership of the “Tallano Clan” and could not beconverted by government to commercial use and soldfor the benefit of the government. Some of the mostclassic examples of government abuse of this provisionare Clark Airforce Base, Subic Naval Bay, Camp JohnHay, and Ft. Wm. McKinley (renamed Ft. Bonifacio)wherein the government has either leased, sold orcontinued to use the properties.
To place in perspective the impact of these courtorders and decisions going back at least 430 years,almost all of the estimated 22,000,000 titles to land arefraudulent and were authorized to be issued by personswho knew they were fraudulent. There are threelegitimate titles, OCT No. 01-4 and its derivatives TCTNos. 408 and 498, as compared with at least 100,000OCTs and TCTs that are fraudulent, numbers whichwere certified by former Commissioner Atty. AntonioNoblejas of the Land Registration Commission.
8. September 10, 1974, Writ of Execution,Demolition and Possession issued by late JudgeEnrique A. Agana.
The Judge, acting on the motion of Julian M.Tallano, ordered “…the elements of the IntegratedNational Police, the Philippine Constabulary, theofficials of Local and Barangay Government Units inthe areas including the Metropolitan Command in theGreater Manila Area to coordinate with BranchDeputy Sheriff Atty. Herminio Ubana and hisDeputized Sheriffs and law enforcement authority totake over all the properties herein mentioned anddemolish any structures which were the subject matterof the above entitled case, LRC/Civil Case No. 3957-P, for and in favor of the said Intervenors, Julian M.Tallano, et. al.”
Judge Agana also appointed Attorney EpitacioSobejana as a “Private Sheriff” to “act in the absence ofSheriff Atty. Ubana if ever…” to “execute this order ina wider scope of area of responsibility…”. Then:
“And finally, to recover all properties foundnationwide covered by Land Title OCT No. T-01-4and be turned over to the herein Judicial Administrator(Tallano).”
With the reminder that Case No. 3957-P was filedin 1962 during the Diosdado MacapagalAdministration, and was then “joined” by the SolicitorGeneral, we will copy part of the introduction:
Laying the factual basis for granting the Motionwas that the findings of this Court emanated in aLRC/Civil Case No. 3957-P that first judgment waspronounced and had been issued on February 4,1972 in favor of Mr. Benito Tallano, who exposedthe grand designed Motion for Reconstitution overa Land Title OCT 01-4 embracing the archipelagofiled by the Honorable Solicitor General. That onthat Motion, the Hon. Solicitor General should havea burden of proof to controvert the survivingoppositor, Benito Tallano, who is not the legitimateheirs of the late Prince Julian McLeod Tallano. Thatsaid late Prince have no surviving heirs at all so thesubject land necessarily be reverted to theGovernment of the Republic of the Philippines. But,obviously, none of those above that the Hon. SolicitorGeneral had succeeded to prove his own allegationsby rebuttal evidences not even single evidence.
Rather, they were trapped their grand designpreserving for the interest of the influential few,when, the oppositor Benito Tallano, father of theintervenor, Mr. Julian M. Tallano, in compliance tothe Order of the Court had successfully presentedthe vital witnesses in the persons of Ex-Presidentand President of the Constitutional Convention,Hon. Diosdado Macapagal, and Honorable Chief
Justice Roberto Concepcion, Ex-Senator BenignoAquino, Assemblyman Lorenzo Tanada. That theTallanos’ defense that they are still physically livingand in existence becomes indispensable to thedispositions of the aforecited vital witnesses.
A bit farther on we find two very interestingparagraphs:
And the greatest information of all that divulgedfor public interest but should be observed withhighest secrecy of the subject matter was thedisposition of former Secretary of Justice SalvadorMarino before Atty. Epitacio Sobejana (rememberthe “Private Sheriff”?) that there are group of RealEstate Developers-Investors responsible todisenfranchise the credibility of Land Title OCT No.T-01-4. The disposition reads as follows:
That there are group of developers who havevested interest responsible to discourage andoppose the authenticity of OCT No. T-01-4, theLand Title of the whole archipelago….
In a country wherein a lot of its “justice” seemsto be “for sale”, those with money to pay bribes toobtain fake land titles, and to delay and/or win caseswhen challenges are brought, grab the land to developand sell to get more money to pay more bribes to getmore land. An honest Judge can become the laughingstock of his peers and find himself ostracized in hisown “club”. Two of the Judges in this case, 3957-P,have stood tall and surely deserve a place among thegreatest of Philippine heroes. They are Enrique A.Agana and Sofronio G. Sayo. Whether the currentJudge on the case, Ernesto A. Reyes, can join themis not yet determinable, at least not from a journalist’sposition.
9. November 4, 1975, Court Decisionrendered by late Judge Enrique A. Agana.
In this particular decision Judge Agana ruledfavorably on the motion of the Principal Intervenor inthe name of Anacleto Madrigal Acopiado praying forthe issuance of Clarificatory Decision with an order forthe Administrative reconstitution of the lost owner’s andduplicate copies of TCT 408.
10. January 19, 1976, Clarificatory Decisionissued by late Judge Enrique A. Agana.
The court ordered: “B) That the NationalTreasurer, the Central Bank of the Philippines and theLand Bank of the Philippines should undertake andrelease the disturbance compensation andcompensatory damages amounting to P2 Billion in cashwhich are evidenced by Land Bank Bonds withinterim Certificate Nos. 180, 180-1, 180-2, 180-3, 180-4 series of 1968 with earning interest of 7 percent perannum in the amount of P400,000,000.00 each to bematured in August 14, 1978, the payment of P2 Billionpesos disturbance damages in favor of the intervenorto be taken from the assurance funds of thegovernment which shall be secured by the Land BankBonds covering the interim certificate, said paymentshall be due to the intervenor and not to the heirs ofDon Mariano San Pedro y Esteban, the court has alsoordered the intervenor to establish a Foundation in thename of Don Esteban Benitez Tallano and DonGregorio Madrigal Acop to pursue the objectives ofthe landowner to preserve the estate for the interestof the Filipino people. [As of February 14, 2003 theamount due is calculated to be 40.705 billion pesos.]
“C) Commanding the NBI, INP, the Metrocom andthe Philippine Constabulary and the succeeding LawEnforcement Authorities to Enforce this Orders andArrest all occupants unlawful detainers eithergovernment or private persons or Corporation or theirAssociates, or employees which were declared
violators of PD772…”11. May 4, 1979, Sheriff Return signed by
Atty. Jose E. Ortiz, Jr. Clerk of Court of RTC Branch111, Pasay City dated. [A Sheriff Return is theSheriff’s report of what was accomplished pursuant toa Writ of Execution.]
In compliance with the Writ of Execution dated09-10-74 the execution of recovering propertiescovered by TCT Nos. 408 and 498 had beenimplemented as witnessed by the Metrocom andIntegrated National Police.
12. May 28, 1989, Order of Third Alias Writof Execution, Possession and Demolition withDismissal to Motion for Relief of the NationalGovernment issued by former Judge Sofronio G. Sayo.[From BLACK’S LAW DICTIONARY, Sixth Edition,1991, Alias Writ of Execution is defined as, “One issuedafter first has been returned without having accomplishedits purpose. A second writ of execution issued toenforce a judgment that was not fully satisfied by thesheriff acting under the first or original writ.”]
The motion for reconsideration of the governmenttook 13 years, a means of dilatory tactics to defeatthe motion of the intervenor to file the motion forissuance of third alias writ of execution wherein theSolgen failed to file its motion within the time frame toprove their allegation, hence the government lost thecase and their motion for relief had been denied, andthe motion of the intervenor was granted, the privatesheriff had been appointed by the court and had beenordered to repossess all subject lands covered by OCT01-4 and TCT Nos. 408 and 498.
13. October 9, 1989, Partial Compliance withSheriff Certificate of Return signed by Atty. JoseE. Ortiz, Jr.
In compliance with said court order the sheriff hadimplemented the writ and as a result land areasenumerated in the sheriff return located in greaterManila and its suburbs, including some areas in theprovinces of Rizal, Bulacan, Laguna, Cavite, Tarlac,and Baguio City, about 15,000 hectares more or lesshad been recovered and turned over and reconveyedto Julian M. Tallano.
14. March 3, 1995, Order of 4th Alias Writ ofExecution signed by former Judge Sofronio G. Sayo.
The 4th order of writ of execution was granted bythe court in favor of the intervenor Julian M. Tallano.Because the government was again employing dilatorytactics, it was penalized by the court by being assesseddamages amounting to P500 million cash against thenational government and its National Treasury officeand the intervenor is also entitled to another P500million damages against the government in shares ofstocks of the government controlled corporations.Again the Register of Deeds of the provinces ofBulacan and Rizal were ordered to reconstitute TCTNos. 498 and 408 respectively.
15. July 7, 1997, Court Order signed by JudgeErnesto A. Reyes.
In the petition for reconstitution the court copy ofthe decision dated November 4, 1975 was destroyedwhen the city hall of Pasay was gutted by fire January18, 1992. It was established that a copy of saiddecision had been received by Solicitor DominadorCariaso, hence the court ordered and declared that saiddecision was reconstituted.
16. February 2, 1998, Court Order signed byJudge Ernesto A. Reyes.
The intervenor represented by the counsel ofAnacleto Acopiado filed a motion for the issuance ofa court order to register a portion of land covered byTCT 408. Said motion was denied for lack of merit forreason that unless said TCT 408 is reconstituted that shallbe the time to segregate portion of its land area.
17. July 11, 2001, Court Order signed by
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Judge Ernesto A. Reyes.The cause of action of the court in connection
with the verified petition of the intervenor Julian M.Tallano led to the reconstitution of documents pertainingto decision, Clarificatory order, writ of execution, sheriffreturn, letter of administration, entry of judgement andordering the Register of Deeds of Rizal and Bulacan toreconstitute TCT Nos. 408 and 498.
18. October 8, 2001, Court Order signed byJudge Ernesto A. Reyes.
In connection with the motion for reconsiderationfiled by the Solicitor General dated July 31, 2001, thecourt ruled that the DECISION WITHCOMPROMISE AGREEMENT dated 02-04-72becomes the law of the case and when the decisionof the lower court had not been appealed and allowedto become final, it becomes the law of the case andcannot be set aside by the Judge, hence SolicitorGeneral’s motion for reconsideration is denied.
19. December 12, 2001, Court Order of JudgeErnesto A, Reyes.
The manifestation and reply filed by the Registerof Deeds of Rizal resisting the issuance ofreconstituted copy of TCT No. 408 as contained in thefinal order dated July 11, 2001 was denied and thecourt ordered the Registrar to comply.
20. December 19, 2001, Court Order of JudgeErnesto A. Reyes.
The Motion for Reconsideration of the sameRegistrar defying the execution of final order wassimilarly denied, hence the reconstituted title of TCTNo. 408 was issued on December 19, 2001.
YEAR 200221. April 9, 2002, CA G.R. SP. NO. 70014
Republic of the Philippines [via the Office of SolicitorGeneral] vs. Regional Court of Pasay City, Branch 111(now presided by the Honorable Judge Ernesto A.Reyes), Anacleto Acopiado, Anacleto Madrigal Acop,Julian M. Tallano, and the Register of Deeds of theProvince of Rizal and Bulacan. CA (above) standsfor Court of Appeals. In this crystal clear move topervert the Justice System, the government filed whatamounts to “a Motion to Annul” the 1972 AganaDECISION WITH COMPROMISE AGREEMENT.Such a case cannot qualify as an Appeal to be heardin a CA; it was filed there through subterfuge becausethe Supreme Court had already ruled in favor ofTallano in such a way that it could not reverse itself.The government has acted in a clearly duplicitous andcriminal manner; since he could not put the governmentin jail, Judge Agana “fined” it two billion pesos (as of1968), which it still has not paid.
22. May 20, 2002, Comment and orOpposition to the Petition with Motion toDismiss filed by Atty. Manuel G. Natividad, Jr.,Counsel of Julian M. Tallano.
In reply to the petition filed by the SolicitorGeneral praying for the annulment of the judgment ofRTC Branch 111, Pasay City for reason of extrinsicfraud and lack of jurisdiction as alleged by the SolicitorGeneral, Atty. Natividad comments that there exist nosuch extrinsic fraud committed by the court, inasmuchthat during the litigation of the case, the SolicitorGeneral was actively participating during the courtproceedings, and as to the jurisdiction in question, theRegional Court is the right court and not the Court ofAppeals.
23. June 25, 2002, Writ of PreliminaryInjunction issued by Justice Marina L. Buzon.
Virtually ignoring the Opposition filed by Atty.Natividad, the Court of Appeals issued a Writ ofPreliminary Injunction, saying that “Its sole objective isto preserve the status quo until the merits of the casecan be heard fully.” Then it says, “WHEREFORE, leta writ of preliminary injunction issue enjoining
respondents from enforcing the Orders dated July 7,1997, July 11, 2001, and October 8, 2001 in Civil CaseNo. 3957-P and from conducting further proceedingsin said case.” [That could be a very long time.Meanwhile, every business day all across thearchipelago hundreds of illegal land titles are beingissued. To truly “maintain the status quo”, would notall land titling be required to cease “until the merits ofthe case can be heard fully”? Sauce for the Gooseis sauce for the Gander.]
24. November 20, 2002, Ultimate Rejoinderwith Motion to Resolve and Dismiss filed by the9 lawyers of Julian M. Tallano represented by Atty.Olivia Velasco-Jacoba.
In reply to other petition for annulment of judgmentand consolidated reply of the Solicitor General, the 9lawyers representing Julian M, Tallano submitted theirUltimate rejoinder manifesting that the state is estoppedby simple fact of its having entered into a CompromiseAgreement with the Tallano Clans, and the decisionbecame final and executory and the Court of Appealshas no jurisdiction because the power to nullify titlesis not among its original powers and there is noextrinsic fraud because since the start and throughoutall the proceedings, the state was ably represented bythe Office of the Solicitor General.
26. February 20, 2003, Court of Appeals, CAG.R. SP. NO. 70014, RESOLUTION/DECISION. Ordered by Associate Justice Marina L.Buzon, concurred in by Associate Justice Jose L.Sabio, Jr., and Acting Presiding Justice Cancio C.Garcia, this decision denies all of the six motions filedsubsequent to the issuance of the Writ of PreliminaryInjunction of June 25, 2002 and concludes with thefollowing statement:
… Consequently, there is a need to examine therecords of Civil Case No. 3957 and a hearing heldfor said purpose to determine whether respondentcourt acquired jurisdiction over said case.
What ludicrous nonsense! Those three Justicesshould be immediately suspended and an in-depthinvestigation initiated to learn the real motivation behindsuch a farcical ruling which, if they are allowed to getaway with it, can easily delay the case, and progress inthe Republic of the Philippines, for another ten years.
SUMMARYAbove, at 4., we referred to “initiating one of the
biggest attempted land-scams ever”. In hisDECISION WITH COMPROMISE AGREEMENT,Judge Agana identified the perpetrators and disclosedtheir plan for replacing the Tagean-Tallano Clan as theowner of OTC No. T-01-4 by the government underits principles of Public Domain since there were nosurviving heirs of the Tallanos. When one reads thecases in their entirety, it becomes clear that thegovernment, in the person of Solicitor General FelixMakasiar who served in the Administration ofDiosdado Macapagal, made the necessary effort toprove beyond any shadow of doubt that OCT No. T-01-4 was the single “grandfather” land title to theentire archipelago and the TCTs No. T-408 and 498were the only legitimate derivatives thereof, making allland titles not derived directly from those threefraudulent and of no value whatsoever.
Rather than attempt to paraphrase Judge Agana’swords and lose some of his wonderful clarity, we willquote from his DECISION WITH COMPROMISEAGREEMENT, beginning on page 12:
Similarly, the moro-moro court proceedings inthis Sala under LRC/Civil Case No. 997-P againstDon Esteban Benitez Tallano and Prince Lacan
Acuña Tagean Tallano, the living heir of the LatePrince Julian Macleod Tallano contemplated bysome government officials in Malacañang inconspiracy of these developers who managed thevalidation of their fictitious Land Titles particularlythis OCT 333 of Bonifacio Regalado its DecreeNo. 1141 has been found covering land in FloridaBlanca, the OCT 735 of Don Mariano SeverinoTuazon, and that OCT 632 own by Eulalio Ragua,that OCT 730 own by Piedad Estate, that OCT614, OCT 333, OCT 291, and that OCT own byPatricia Tiongson and by the National Government,and all OCT its numbers from OCT No. 2 to OCTNo. 100,000 had been declared non-bankable dueto their fraudulent characteristics, and null and voidab initio by my predecessor in the Court on July 14,1964 by virtue of the Petition filed by the Republicof the Philippines in favor of its allege predecessor,late Prince Lacan (Tagean) Tallano under LRCCivil Case No. 997 which was consolidated to LRCCivil Case No. 3957-P for Separate Judgment Re:Reconstitution of OCT No. T-01-4 in the name ofPrince Lacan Tagean Tallano with Annulment ofOCT No. 1 up to OCT No. T 100,000 vs.Hermogenes Rodriquez from which the petitioner,Republic of the Philippines had acquired its interestand rights over the subject lands under the principleof Public Domain, alleging in that petition that lateJulian Macleod Tallano and Prince Lacan AcuñaTagean Tallano have no surviving heirs whosoever,so therefore, under the law, said big track of lands,the Hacienda Filipina evidenced by OCT No. T-01-4 be reverted to the National Government. [Pleasebe reminded that during this period, 1962-1964, theNational Government was under the Administrationof Diosdado Macapagal.]
On the above proceedings, the constitutionalrights of the heirs of the true owner had alwaysbeen deprived, thanks to the sound-meritoriousjudicial procedures of our Judiciary then thatasserted by then Solicitor General Felix Makasiar,now, the pillar of our Supreme Court who sentsummons and subpoenas to the Tallano-Tageanheirs in Hawaii and the old residence of theTallano-Tagean in Sitio Sauyo, Barangay Kuliat,Quezon City, the Decision in favor of the Republicof the Philippines under LRC/Civil Case No. 997-P consolidated with LRC/Civil Case No. 3957-Phad been reverted in favor of Don Esteban BenitezTallano by way of Opposition Paper with supportedevidences adopted from government Position Paperand proof of ownership over the land and proof ofheirship to the late Prince Julian Macleod Tallanoand Prince Lacan Acuña Tagean Tallano andIntervention by Benito A. Tallano that hadsubmitted during the Hearing prior to the release ofDecision of July 14, 1964 which caused this caseunder LRC/Civil Case No. 3957-P as consolidatedone railroaded up to this proceedings.
On the part of the National Governmentrepresented by the Macapagal Administration theycame to the stipulation for the issuance of theDecision with Compromise Agreement subject tothe following terms and conditions, here to wit:
1. That the Republic of the Philippines thru itsPresident, His Excellency Diosdado Macapagalwaived its rights over the lands that are stillfound public lands or land that have Land Titleincluding their rights in Crisostomo Estate in theCity of Cabanatuan, yet, and if ever titled onlythose lands that have fraudulent Land Titles bere-conveyed to and in favor of the heirs of PrinceJulian Macleod Tallano, provide the Land Reformshould be respected maintaining the land
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emancipated in favor of the farmer beneficiaries,otherwise, conversion of the land covered by LandReform into a commercial purposes destroying theaims of land reform, automatically the ownershipinterest of the subject land should be reversed infavor of the heirs of the true owner, late PrinceJulian Macleod Tallano; Don Esteban BenitezTallano or their successor in interest;
2. That the government buying price of the subjectland to the Tagean-Tallano Royal Family in caseof expropriation by the government should besubject to the following quotations: [This wasfollowed by several pages of land prices to beapplied to different classes of land in all of theregions of the archipelago except those areasalready ordered to be deeded to the three Sultansof Mindanao.]
From the quotations above it seems quite clear thatthe Macapagal Administration, including its Secretaryof Justice Salvador Marino and its Solicitor GeneralFelix Makasiar, used their “Position Papers” to provethe Tallano ownership of OCT No. T-01-4 and thenhad planned to usurp it by declaring that there were noheirs to the Tallano estate, thus taking it for theNational Government via the principle of PublicDomain. While it may not be politically correct to sayso, governments (especially so-called democraticgovernments) are run by and for the benefit of anation’s oligarchs and the scheme uncovered by JudgesBautista and Agana was not at all atypical of mostnations. The difference occurred because JudgesBautista and Agana were not corruptible and forcedthe Macapagal Administration to a compromise.
At the end of the 3rd paragraph above, 8., wesaid that “It does not have to be a “bad” situation”.Judge Agana gave it much thought in the near 15years he was responsible for the case and thesolutions to almost all of the problems can be foundin his Orders. For instance, he required that PrinceJulian Morden Tallano set up a Foundation in thename of Don Esteban Benitez Tallano and DonGregorio Madrigal Acop to manage the affairs of theEstate, including loaning money to provinces andmunicipalities and establishing and investing inbusinesses. Prices for government purchase ofproperties were established; a similar arrangementcould be made so that developers could supplylegitimate titles to those people to whom they sold, orleased, properties. Those problems can be solved byfollowing the laws already existing.
With the aid of the Global Alliance InvestmentAssociation the government can make its appropriatepayments to the Foundation which in turn can pay itsreal estate taxes, putting money in the hands of themunicipalities and other beneficiaries of real estatetaxes, allowing them to rapidly repair their localeconomies. Further, the gold held by the Central Bankfor the benefit of the banking system was returnableat any time after the year 2000 began, and theAlliance can also assist in the distribution and use ofthat gold in all of the banking systems in SoutheastAsia. Within all of this, Prince Tallano can be properlycompensated for his 30 years of difficulties and theFoundation can be operated professionally withcomplete integrity.
No new legislation or litigation should be requiredto achieve the use of the abundance granted to thisnation, once its people decide to work in harmonyrather in competition with each other.
COMMENTS, FACTS AND TRUTH OF ILLEGALOWNERSHIP OF REAL ESTATE PROPERTIES OFAYALA CORPORATION AND AYALA Y CIA
USING OCT NO. 383By Cenon C. Marcos
This article has been written upon obtaining the available documents and records secured from the officesof the Register of Deeds of the Province of Rizal, Register of Deeds of the City of Makati, the LandRegistration Authority and Land Management Bureau of the DENR–NCR (Department of Environment andNatural Resources—National Capital Region).
FACTS:
Presented are the secured four (4) Transfer Certificate of Title of Ayala Corporation (formerly MakatiDevelopment Corporation) and Ayala y Cia:
TCT Nos. Registered Owners Date Issued Area / Lot No.
46353 Ayala y Cia Aug. 28, 1955 123.00 hectares Block 747133 Ayala y Cia Oct. 9, 1956 64.50 hectares Block 7-C49788 Ayala Corporation Feb. 18, 1957 64.50 hectares Block 7-C54606 Ayala Corporation Oct. 29 1957 3.70 hectares Portion of Block 7-C
Further to above available TCTs which are herewith attached, there are also large tracts of commerciallands located in the center of the commercial area of Makati like Ayala Avenue, Buendia, Amorsolo, Bela-Air, Urdaneta, San Lorenzo, Legazpi Village and others, with boundaries among the neighborhood of Makatilike Taguig and Pasay.
Presented also are the maps, four (4) pieces showing the area of the commercial sites prepared in favorof Ayala & Cia:
Date of BureauOwner Lot Nos. Survey Director Area
Ayala y Cia 63-A & 63-B 04-16-1940 Jose Dans 111.00 hectaresAyala y Cia 58-A-1-A-A-A-A-A 1940 Rogelio Aquino 238.00 hectaresAyala y Cia 64-A-1 7 64-A-2-A-1 1940 Rogelio Aquino 458.00 hectaresAyala y Cia 53-B-2-A-1-A 1940 Rogelio Aquino 63.00 hectares
Total——————————————————————————————— 869.00 hectares
Source of these sketch maps approved by the Director of Lands in the Lands Management Bureau ofDENR-NCR.
In this study the total land area of the real estate properties of Ayala Corporation which had been originatedby the Ayala y Cia is more or less one thousand (1,000) hectares. These concerned only lot numbers asenumerated above.
The transfer and/or change of ownership of these prime properties can be traced out from the date ofissuance of their derivates titles which originated from OCT No.383.
OCT No. 383, which was secured from the Register of Deeds for the Province of Rizal, can not be reliedupon since its number of 383 was detached from the file in the vault of the RD of Rizal. Much more, theregistered owner cannot be read as well as the area of the land covered by the said title. Nowhere in saidtitle indicates when said title was registered/surveyed because it can not be read. If this title is presented incourt it will not be considered.
It has been noted, based on the copies of the four (4) TCTs secured from the offices of Register of deedsof the Province of Rizal and Makati City that the succession of ownerships of Ayala Corporation started fromOCT No. 383 that was issued in April 18, 1908 and this was followed by TCT 40129. However, no recordof this TCT was available with the office of the RD of Rizal. This was followed by TCT No. 46353 issuedon August 28, 1955 in the name of Ayala y Cia with an area of 123 hectares comprising Block 7, and thenthis TCT 46353 was partially cancelled with the issuance of TCT No. 47133 with an area of 64.50 hectaresand issued on October 9, 1956, or less than 14 months after it was also registered in the name of Ayala yCia, said area is designated as 7-C a portion of Block 7. Four (4) months after, on February 18, 1957 thesame area of 64.50 hectares was transferred in the name of Ayala Corporation, the same area designatedas Block 7-C. Later on, eight (8) months after a portion said 64.50 hectares was partially cancelled with totalarea of more or less 3.70 hectares and TCT No. 54606 was issued on October 29, 1957. The 3.70 hectareswas subdivided into eight (8) lots such as Lot Nos. 1,2,3,5,6,7,8 and 9 with total area of 3.70 hectares. Theseareas located along the Ayala Avenue which are designated as hotel row, where the Pacific Plaza, Ritz Tower,Gilarmi Hotel, Tuscany Bldg. and Manila Peninsula Hotel are located.
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The remaining area of the 64.50 hectares which isstill more or less 60 hectares was further subdividedinto nine (9) blocks such as Block 2,6,7,8,10,11,14 &15 which are composed of 167 individuals lots.Subdivision of these 167 lots had been approved by theLand Registration Commission (LRC) under Psd No.3955 which was approved by Court of First Instanceof Rizal on April 18, 1957 and annotated in thememorandum of Encumbrance of TCT 54606.
These 167 lots were sold to different well-knownpersons and entities in the country who are listedelsewhere on this page.
As can be noted above with the exception of ArmiCorporation and Monterey Apartment Corporation the167 individuals’ lots of TCT 54606 had been sold to 155persons and corporations with a donation in favor ofUrdaneta Village of two (2) lots.
CONCLUSIONS:
OCT No. 383 that is the mother title of all thetransfer certificates of Ayala Corporation is null andvoid because of the following reasons:
a. OCT 383 in file with the record of RD of Rizalcannot be relied on, its number was purposelydetached, its registered owner is not indicatedtogether with the area and no mention oforiginal survey can be read thereon.
b. Its Decree No. 2317 is spurious, since perrecord of the LRA as certified by Salvador L.Oriel, Chief Docket Division, Decree 2317 waslocated in Candelaria, Quezon and its area isonly 971 square meters. It was decreed that itsowners are Apolonia Umali, Luis, Claro andMaria Gonzales.
c. Certification of said Decree 2317 is signed byEnrique Altavas Chief of the General LandRegistration Office dated August 16, 1949 at9:09 AM.
d. Certified true copy of its microfilm copy is certifiedby Salvador L. Oriel dated April 18, 2002
e. OCT No. 383 is considered null and void ab initioin as much that OCT Nos. 1 to 100,000 arespurious as ruled in the Decision with CompromiseAgreement signed by the late Honorable JudgeEnrique A. Agana of Court of First Instance (CFI)28, of Pasay City dated February 4, 1972.
All the TCTs of Ayala Corporation and Ayala yCia are also null and void ab initio since their origin(OCT No 383) is spurious.
The most glaring fact is that the original surveywas supposedly conducted from December 10, 1923 toJanuary 9, 1924. OCT No. 383 was supposedlyregistered April 18, 1908. This is a blatant violation ofR.A. 496, the Land Registration Act, which has apolicy that the land must be surveyed first before it canbe registered—followed by the issuance of its title. Inthis particular case the documents speak forthemselves that OCT 383 was issued ahead of therequired original survey. It is very clear that Ayala’sare devoid of legal means to claim their ownership ofthe land, the subject matter of this article. Decree No2317 is not in Makati, it is in Candelaria, Quezon;another proof of the illegal issuance of TCTs in favorof the said Ayala Corporation & Ayala y Cia.
This report confirmed the anomalous issuance oftitle of the former Land Registration Commission andnow the Land Registration Authority.
LIST OF BUYERSOF REAL ESTATE PROPERTIESPER TCT 54606, DERIVED FROM
BOGUS OCT NO. 383List Compiled by Cenon C. Marcos
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Bona Fides:Bona Fides:Bona Fides:Bona Fides:Bona Fides:
ABOVE: The Trustees’ Certificate for DON ESTEBAN BENITEZ TALLANO & DONGREGORIO MADRIGAL ACOP FOUNDATION, INC. filed with the SEC of RP.
RIGHT: Nevada Secretary of State printouts for DON ESTEBAN BENITEZ TALLANO& DON GREGORIO MADRIGAL ACOP FOUNDATION, INC. and FOUNDATIONFOR THE TALLANO ESTATE, INC. showing Good Standing in the USA.
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Page 16 CONTACT: PHOENIX JOURNAL REVIEW JANUARY 18, 2006
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How many of you would believe that the Philippines... hold the keys of transition and reformation aswell as rebuilding of the remnant upon the beautifulCreation Shan?
—GCH, Divine Plan, Vol. 1, 5/25/92
Foreign Nationals AndCorporate Citizenship
As a foreign national citizen, when you set up a Nevada corporation you are establishing an entityresident in the United States, with all of the benefits that accrue to that status. And no, you do not everhave to set foot in the country to do this. You can even set up a virtual office presence, with a telephoneanswered in the name of the corporation to present a different face to the new global community!
A Nevada corporation can provide services for a business in a foreign jurisdiction and receive its incomein Nevada, where is taxed at the federl rate of just 15% on the first $50,000 of net income. In some cases,that advantage alone is sufficient reason to take this step IMMEDIATELY. In the long run, however, youwill find that Nevada’s “haven” status will serve you in many other ways as well.
Coming to America
The United States Immigration Service has in recent years relaxed requirements for many high-techworkers, in recognition of the global demand for skilled workers in this field. H1-B visa status—whichapplies to entertainers, athletes and those who otherwise possess unique skills—is easier to obtain now thanat any time in the past. Wouldn’t it be nice if an American company needed you badly enough that it wouldhelp you to qualify for an H1-B visa? You just might have a LOT to offer this country!
H1-B visa quotas are often filled quickly but there is another type of visa that might be of interest toany foreign national working in a management capacity. An executive or manager of a foreign corporationaffiliated with a U.S. corporation can qualify for an L visa, if the following requirements are fulfilled:
1. The foreign corporation must be affiliated with the American (Nevada) corporation and should haveassets in excess of $500,000.
2. Document that you are in fact an executive or manager of a foreign corporation affiliated with theU.S. corporation.
2. Document that the U.S. corporate affiliate is in need of someone with your skills and abilities. (Anadvertisement demanding a special combination of skills and abilities that just happen to match your ownwill help a lot.)
3. Document your skills and abilities relative to the U.S. corporation’s needs.In addition to the L-type visa, foreign nationals may be able to avail themselves of E-type visas, which
typically involve investment in U.S. businesses. We suggest you consult with an immigration attorney.
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