Professional Documents
Culture Documents
COURT OF APPEALS
MANILA
REPUBLIC OF THE
PHILIPPINES,
Petitioner,
PREFATORY STATEMENT
O C T N o . T- 0 1 - 4 ) p u r p o r t e d l y c o v e r s o m e F I V E
as well.
wit:
Petition for Annulment of Judgment 7
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
Annexes
____________________
** Records show that there were two (2) versions of the alleged Entry of Judgment
dated June 14, 1972. These two (2) versions are attached as Annexes E and E-1.
Petition for Annulment of Judgment 9
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
respectively.
b e e n i s s u e d b y t h e re s p o n d e n t C o u r t w i t h o u t
likewise void.
Procedure.
instant Petition.
THE PARTIES
Makati City.
Petition for Annulment of Judgment 13
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
respondents.
Manila.
a d d r e s s a t t h e G r o u n d F l o o r, D o o r B , L a g a s c a
L a r a g a n a n d L u c i a n o E m m a n u e l L . J o s o n , J r.
were:
described as follows:
survey Plan, from the South 28 deg. From the East 59 deg.,
approximately 5,500 meters from Monument of Binondo
Church, Mun.. of Manila, containing an area of 122,000,000
square meters, more or less., all described on the survey
Plan approved on Sept. 9, 1911. All points referred to are
indicated on the plan; bearings true;declination 1 deg. 39E.,
date of sur., Oct. 9, 1909, March 10, 1910.
1) O R D E R I N G ALL O C C U PANTS/
Claimants including that of plaintiffs and
defendants to pay jointly/severally the sum of
P50,000.00 representing reasonable monthly
rentals for the use of the land computed based
on the length or duration of stay or occupation
up to the time the said structure has not
beenremoved. This covers all occupants of
Petition for Annulment of Judgment 22
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
destroyed original.
heirs representative.
(a) Manila,
(b) Makati,
(c) Pasay,
(d) Paraaque,
(e) LaPias,
(f) Taguig,
(g) Pateros,
(h) Pedro Tunasan, Laguna,
(1) Carrnona,
(j) Gen. Mariano Alvares,
(k) Dasmarias,
(1) Tanza
(m) Imus,
(n) Zapote, and
(o) Bacoor, all of Cavite
(a) C o m m a n d i n g t h e L a w E n f o r c e m e n t
Authorities such as the station commanders or
the Philippine National Police, of the
corresponding places where execution shall
take place, the National Bureau of
Investigation and the Military to arrest any and
all persons, be he private individual, a
government
Petition for Annulment of Judgment 37
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
e m p l o y e e , s u p e r v i s o r, j u n i o r o r m i d d l e
manager, general manager, director or president
o f a n y , f i r m , c o m p a n y, p a r t n e r s h i p ,
corporation, etc., who shall, obstruct the
enforcement of the writ and the administration
of justice;
4. T h a t a m o n g t h e b i g g e s t o f s u b s e q u e n t
occupants of a portion of the entire landholding
of the registered owner is the Bases Conversion
Development Authority (BCDA), which at the
same time has disposed of by sale of several
areas at fantastic prices to the prejudice of the
registered owner or his heirs, who have filed a
separate motion for substitution with this
Honorable Court;
2, 1997.
1. I n t e r v e n o r A N A C L E TO . MADRIGAL
ACOPIADO in the above-entitled case and his
wife TRINIDAD P. ACOPIADO executed a
Petition for Annulment of Judgment 47
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
r e s p o n d e n t A c o p i a d o s ( t h r o u g h A t t y. M a n a n g a n )
2) T h e p u r p o s e o f t h e r e q u e s t f o r
admission is to establish a partys cause of
action or defense. Unless it serves that
purpose, it is, as correctly observed by the
Court of Appeals, useless, pointless arid a
mere redundancy (Po vs. Court of Appeals,
164 SCRA 668, 670) and
January 26, 1999 (Annex NN hereof) filed by Atty. Soriano for the
implemented.
Rodriguez.
hereof).
Petition for Annulment of Judgment 57
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
following motions:
1. M o t i o n To A d m i t C l a r i f i c a t o r y
Decision/Order dated January 19, 1976 and
Sheriffs Certificate of Writ of Execution dated
May 4, 1979 filed by intervenor-Movant Julian
M. Tallano, through counsel, Atty. Paulino M.
Ejercito;
December 3, 1999.
r e s p o n d e n t Ta l l a n o s pleading entitled AD
to this motion.
Petition for Annulment of Judgment 64
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
parties were:
Motion dated May 22, 2001 (Annex SSS hereof) for the
of the alleged TCT Nos. 408 and 498 as well as the mother
Memorandum.)
TCT No. 408) on the basis of the July 16, 2001 Order of
respondent Court.
Julian M. Tallano.
Petition for Annulment of Judgment 73
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
G R O U N D S I N S U P P O RT O F T H E P E T I T I O N
II
III
IV
VI
VII
VIII
DISCUSSION
jurisdiction.
i.e., TCT Nos. 408 and 498 said prayer did not convert
personam.
follows:
01-4 and the alleged TCT Nos. 408 and 498 in the same
proceedings.
alleged OCT No. T-01-4 and the alleged TCT Nos. 408
and 498 are void because the respondent Court did not
No. 3957-P.
ALLEGED DECISIONS/
ORDER WOULD
NONE-THELESS BE VOID
BECAUSE THE
RESPONDENT COURT
DID N O TA C Q U I R E
JURISDICTION OVER
THE PETITION DUET O
NON-COMPLIANCE
WITH THE
JURISDICTIONAL
REQUIREMENTS OF
P U B L I C AT I O N I N T H E
OFFICIAL GAZETTE AND
NOTICE TO ALL THE
O C C U PA N T S OR
PERSONS IN POSSESSION
OF THE PROPERTY, THE
OWNERS OF THE
ADJOINING PROPERTIES
AND ALL OTHER
INTERESTED PARTIES.
provide:
to N h e r e o f , r e s p e c t i v e l y ) d o n o t m e n t i o n t h e i r
394 (1983)].
XXX
initial hearing:
SCRA 370(1981)].
Petition for Annulment of Judgment 91
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
FFFF hereof).
f o r n o n - o b s e r v a n c e o f t h e l a w { R e p u b l i c v.
therein as void:
TORRENS TITLES
EXISTING ALL OVER THE COUNTRY.
PARCEL I AREA
PARCEL II
PARCEL III
PARCEL IV
PARCEL I
PARCEL II
PARCEL III
PARCEL IV
PARCEL V
PARCEL VI
PARCEL VII
Further, OCT No. T-0 1-04 allegedly covers the whole archipelago
embracing (Tagean) Kalayaan and Sabah, and that Mindanao region (p. 51,
Petition for Annulment of Judgment 100
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
hereof).
alleged OCT No. T-01-04, TCT Nos. 408 and 498 are
recover a parcel of land does not alter the truth that the
SCRA (1998)].
hereof).
J u d g e Ve l a s c o s a w a r e n e s s o f t h e
existence of decades-old Torrens titles
covering the land subject of the
reconstitution case commenced by Dolores
Molina, should have deterred him from
proceeding therewith, or. impelled him to
proceed with the utmost caution, in line with
this Courts pronouncements in Alabang
Development Corporation, et al., vs.
Valenzuela, and other precedents, in said
rulings, this Court has cautioned courts (to)
exercise the greatest caution in entertaining
petitions for reconstitution of allegedly lost
certificates of title, particularly where the
petitions are filed after an inexplicable
delay after the alleged loss. We can take
judicial notice of innumerable litigations
and controversies that have been spawned
by the reckless and hasty grant of such
reconstitution of alleged lost or destroyed
titles as well as of the numerous purchasers
who have been victimized by forged or fake
titles or their areas simply expanded
Petition for Annulment of Judgment 104
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
alleged TCT No. 408 and TCT No. 498 were not
Philippines as a State.
Manifestation.
Petition for Annulment of Judgment 107
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
XXX
Petition for Annulment of Judgment 112
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
We a r e , h o w e v e r, s a t i s f i e d t h a t t h e
proceedings held for the reconstitution of the
record of Civil Case No. 64287 were irregular
for lack of notice of the petition for
reconstitution upon the adverse party or his,
attorney. It does not appear that the clerk of the
Court of First Instance of Manila had sent to
Miguel Socco Reyes a notice of the loss or
Petition for Annulment of Judgment 114
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
r e c o n s t i t u t e d i n e ff e c t i v e . T h e l a s t
mentioned order being illegal, the judgment
purportedly rendered . in the case cannot
become final and executory. [Reyes vs.
Pecson, 86 Phil. 181, 187-188 (1950);
emphasis supplied]
VI. R E S P O N D E N T C O U RTS
ORDERS DATED JULY 7,
1997, JULY 11, 2001 ARE
LIKEWISE INVALID DUE
TO LACK OF
J U R I S D I C T I O N D U E TO
THE FAILURE TO COMPLY
WITH THE
J U R I S D I C T I O N A L
REQUISITES FOR THE
RECONSTITUTION OF
TITLES UNDER R.A. NO. 26.
alleged
Petition for Annulment of Judgment 118
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
T h i r d . A l i a s Wr i t o f E x e c u t i o n , P o s s e s s i o n a n d
f o r r e c o n s t i t u t i o n ( Annex RRR h e r e o f ) , p r i v a t e
had been issued, or if any had been issued, the same had
property;
TCT Nos. 408 and 498 as provided under R.A. No. 26.
enforceable.
Petition for Annulment of Judgment 126
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
is, at the very least, blatantly ultra vires and illegal and
a t t e s t a t i o n . M o r e i m p o r t a n t l y, a s p r e v i o u s l y
4. F i n a l l y, a s s u m i n g t h e i r i n t r i n s i c
validity, the admission of the subject documents
would appear to be a mere academic exercise
considering that these can no longer be executed
since more than 10 years have elapsed from the
promulgation of the clarificatory judgment. This
is pursuant to Section 6, Rule 39 of the Rules of
Court which mandates that:
this does not bar the government from now invoking said
they seek:
alleged rulings.
Petition for Annulment of Judgment 132
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
including the alleged TCT Nos. 408 and 498, are clearly
xxx
To a u g m e n t t h e e ff o r t s i n r e b e l l i o n
successfully, Prince Julian Macleon Tagean.
(Talla:no), 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.
Petition for Annulment of Judgment 136
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
fantastic tale.
Acopiado:
Petition for Annulment of Judgment 142
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
Madrigal Acopiado.
Further, the alleged TCT Nos. 408 and 498 are not
proceedings.
Petition for Annulment of Judgment 147
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
dated January 19, 1976, the alleged TCT No. T-408 was
271 276 hectares, while the alleged TCT No. 498 was said
a l l e g e d O C T N o . T- 0 1 - 4 ( p . 6 7 , D e c i s i o n w i t h
System was not yet in place at the time. The Torrens sys
NO. T-01-04, i.e., the alleged TCT Nos. 408, likewise could
solely to Torrens titles and do not cover those issued under other
proceeding.
cluding the Orders dated July 7, 1997, July 11, 2001 and Octo-
(1999)].
Further, it bears emphasis that the alleged OCT No. T-01-4 and
the alleged TCTs No. T-408 and T-498 are void and spurious.
In its Report dated October 12, 2000 (Annex UUU-1), the Land
1. Certification dated 10
December 1980 a l l e g e d l y
signed by Acting RD Victoriano S.
Torres;
3. Certification dated. 4
November 1972 of RD Oscar Eusebio
relative to TCT No. T-408;
1. T C Ts N o s . T- 4 0 8 a n d T- 4 9 8 w e r e
allegedly issued by Rizal Registry of Deeds
covering parcels of land situated in the provinces
of Quezon, Rizal and Bulacan. Under the law, a
Register of Deeds of a province can issue title
only for lands within the province.
system.
Petition for Annulment of Judgment 157
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
hereof).
dated July 11, 2001, the alleged TCT No. 408 was
these are:
to protect.
PRAYER
below;
f. Alleged Letters of
and
permanent.
SIMEON V. MARCELO
Solicitor General
IBP Lifetime Roll No. 0145, 9/22/93
CARLOS N. ORTEGA
Assistant Solicitor General
IBP No. 550210, 1-11-02
NESTOR J. BALLACILLO
Assistant Solicitor General
IBP No. 360887, 1/9/02
THOMAS M. LARAGAN
Solicitor
IBP No. 550214, 1-11-02
is presently awaiting
submission of appellees brief.
NESTOR J. BALLACILLO
Solicitor
THOMAS M. LARAGAN
Solicitor
Petition for Annulment of Judgment 176
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
Copy Furnished:
(By Registered Mail)
JULIAN M. TALLANO
No. 31, BMA Avenue
Tatalon, Quezon City
Metro Manila
Petition for Annulment of Judgment 177
Republic vs. Regional Trial Court of
Pasay City, Branch 111, et al.,
CA-G.R. SP No. __________
(Civil Case No. 3957-P)
x---------------------------------------------------------x
E X P L A N AT I O N
(Under Section 11, Rule 13,
New Rules on Civil Procedure)
THOMAS M. LARAGAN
Solicitor