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Sunday, November 29, 2009

Decision with Compromise Agreement LRC/CIVIL CASE No. 997-3957-P, February 4, 1972

Republic of the Philippines
ANG BAGONG LAHING FILIPINO DEVELOPMENT FOUNDATION, INC.,
S.E.C. Registry No. A2002-00833 2002
Non-Government Organization

EXCERPT FROM THE MINUTES OF SPECIAL MEETING OF THE ABOVE-NAMED FOUNDATION, HELD ON FEBRUARY 05, 2009 AT 1:00 O’CLOCK IN THE AFTERNOON AT THE FOUNDATION’S OFFICE, MAKATI CITY.

20 Million Fake Land Titles & BEYOND..........

Decision with Compromise Agreement LRC/CIVIL CASE No. 997-3957-P, February 4, 1972

TO STOP THE “EVIL BITCH”, OF MODUS OPERANDI OF THE RICH AND INFLUENTIAL PEOPLE, RESULTED IN 20 MILLION FAKE LAND TITLES OCT, TCT, PATENT AND GRANTS ISSUED BY LAND REGISTRATION COMMISSION (L.R.C.), REGISTRY OF DEEDS (R.D.), D.E.N.R., AND OTHER AGENCIES CONCERNS OF THE GOVERNMENT IS A ROOT OF DEEPEST CORRUPTION AND SCRUPULOUS ANOMALY OF ARMS STRUGGLE AND ACT OF TERRORISM NATIONWIDE.

RESOLUTION NO. 01
Series of 2009

SUBJECT: The Spanish Title---01-4, Titulo de Propiedad-4136 are already nullified and no longer
admissible as evidence of ownership, with this passage of Spanish Mortgage Law of Presidential Decree No. 892, effective February 16, 1976, Spanish Title can no longer be used as evidence of land ownership. Under the same decree, lands not under the TORRENS SYSTEM shall be considered as unregistered land. “LET THE PEOPLE KNOW” (See paragraph down)

WHEREAS: Ang Bagong Lahing Filipino Development Foundation, Inc., is duly Registered in the National Library S.E.C. 178.6, entitled TORRENS SYSTEM PROCEEDING REGISTRATION OF REAL PROPERTY TITLES and DEEDS under Real Property Act 1858 respect of letters, the copyright shall belong to the writer subject to the provisions of Article 723 of the Civil Code. (Sec. 6, P.D. No. 49a), with ISBN: 971-93393-0-6 on August 3, 2004 with Registration No. A 2002-1375. RESOLUTION No. 01 Series of 2003 published in the national and elite newspapers Philippine Daily Inquirer on February 16, 2003, entitled Land for the Landless and Home for the Homeless on page 90, SEC. 9, VOL. 8 No. 70., published Philippine Daily Inquirer entitled Land for the Landless Acquisition under TORRENS SYSTEM of Real Property Act 1858 on November 21 2008, Sec. 14 Vol. 23 No. 437, page 17. (Machine copy is hereto attached as “ÁNNEX” and made an integral part of this paragraph.)

WHEREAS: The Torrens System in the Philippines is judicial in form but administrative in character. “Judicial proceedings for the registration of land throughout the Philippines shall be in rem and shall be based on he generally accepted principles underlying the Torrens System (Sec. 2, P.D. 1529). In connection with Section 108 of P.D. 1529, Act No. 141, it is conclusive upon the whole world including the government. Because all land to which claimants have acquired imperfect or incomplete title within the contemplation of Section 48 of Commonwealth Act No. 141--------Most of the lands now occupied or possessed by the people throughout the Philippines are not covered by titles issued by the Government. (Machine copy is hereto attached as ÁNNEX and made an integral part of this paragraph)

WHEREAS: The Spanish Title---01-4, Titulo de Propiedad-4136 are already nullified and no longer admissible as evidence of ownership, with this passage of Spanish Mortgage Law of Presidential Decree No. 892, effective February 16, 1976, Spanish Title can no longer be used as evidence of land ownership. Under the same decree, lands not under the Torrens System shall be considered as unregistered land. (Republic vs. Court of Appeals, 135 SCRA 156; Director of Lands vs. Rivas, 141 SCRA 329) (Republic vs. Intermediate Appellate Court, 186 SCRA 88) “LET THE PEOPLE KNOW” Book

WHEREAS: The Decision with Compromise Agreement, 7th Judicial District, Branch XXVIII, Pasay City, LRC/CIVIL CASE No. 3957-P, Presiding Judge Hon. Enrique A. Agana, a sworn statement that, it was 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 OCT No. T-01-4, TCT No. T-408, and TCT No. T-498 had been subjected to manipulation, alteration falsification orchestrated by no other than in the LRC and the Bureau of Lands in connivance by those in the Register of Deeds. (Machine copy is hereto attached as “ÁNNEX” and made an integral part of this paragraph.) DWCA P. 80 con.

The Government according to the LRC Commissioner Antonio M. Noblejas. Can it be that the government a direct source of fraudulent evidences? Position Paper over the same subject land has been strongly opposed under the principle of PRIUS TEMPORE PORTIUR JURI by the Private N.G.O. considering that no less than the AMICUS CURAE and the court were the ones confirmed the legitimacy and the physical evidence of the said land ownership. Therefore, the government should be barred by statute of Limitation and/or Estopel for public interest, since people demand honest services from the government. Because the government never possessed said better ownership and legal rights over the land. (Machine copy is hereto attached as “ÁNNEX” and made an integral part of this paragraph.) DWCA P. 61, 62, 63, 69

NO EMINENT DOMAIN IN THE PHILIPPINES
By possession of the land since time immemorial.-Occupant of lands who, by themselves and their predecessors-in-interest, have been in possession of the land since time immemorial. Their possession of the land for such length of time justifies the presumption that the land had never been part of the public domain and that it had been private property even before Spanish conquest. (Republic vs. Court of Appeals, 335 SCRA 693; see also Oh Cho vs.Director of Lands, 75 Phil. 890; Nelayan vs. Nelayan, 109 Phil. 183; Manarpaac vs. Cabauatan, 21 SCRA 743) (Machine copy is hereto attached as “ÁNNEX” and made an integral part of this paragraph.)

WHEREAS: The sworn testimonials 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 LAND before in conspiracy of those influential group in the government in the massive issuance of fake land titles 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 is 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 million fake land titles over the subject lands under the following procedures; (Machine copy is hereto attached as ÁNNEX and made an integral part of this paragraph) P.58 DWCA

WHEREAS: 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, contemplated by some government officials in Malacañan in conspiracy of these developers who managed the validation of their fictitious Land Titles particularly this OCT-01-4, OCT-333 of Bonifacio Regalado its Decree No. 1141 has been found covering land in Florida Blanca, the OCT-735 and OCT-994 with corresponding Decree number adopted from TCT No. 870 of Don Mariano Severino Tuazon and Tuazon company which was clearly empty in Data and TOTO, OCT-383 – dated April 18, 1908 under Ayala Land Corporation, OCT- 7038 – dated April 18, 1908, with the same Decree N0. 2317, with Original Survey Plan dated December 10, 1923 and January 9, 1924.
TCT-4136 Don Mariano San Pedro Esteban, Don Annacleto Madrigal Acop and Don Esteban Benitez Tallano TCT No. T-408, and TCT No. T-498, OCT-369 in the name of Hermogenes Rodriguez, OCT-735 & OCT-730 University of the Philippines who used, and that OCT-632 own by Eulalio Ragua, that OCT-291 and that OCT-820 owned by Patricia Tiongson, OCT-820 - Pilar Village Development, and by the National Government, and
all OCT its numbers from OCT-33, OCT-56, OCT-085, OCT-111, OCT-144, OCT-160, OCT-222, OCT-280, OCT-331, OCT-339, OCT-347, OCT-360, OCT-374, OCT-393, OCT-414, OCT-448, OCT-466, OCT-529, OCT-543, OCT-545, OCT-546, OCT-547, OCT-614, OCT-684, OCT-746, OCT-777, OCT-844, OCT-994, OCT-1136, OCT-2573, OCT-4080, OCT-4085, OCT-4136, TCT No. T-408, and TCT No. T-498 and obviously from OCT 01 to OCT 100,000 which was declared non-bankable due to their fraudulent characteristic, and null and void ab initio by my predecessor in this court DECISSION with COMPROMISE AGREEMENT on February 04, 1972. (Machine copy is hereto attached as ÁNNEX and made an integral part of this paragraph)

WHEREAS: Paragraph G. of said government Position Paper, Report of the Senate Blue Ribbon Committee, led and initiated by Hon. Senate President Gil Puyat, Sr., who conducted the investigation over the reported land scam to restore the trust and confidence of the Filipino people over the strength and Wisdom of Torrens System in the country subsiding said paramount interest while national security is at stake, participated and connived by the Department of Public Works and Highways, Building Permit Division, L.R.C. and the Survey and Record Section of the Bureau of Lands, including Register of Deeds of the affected Towns, Cities and Municipalities in massive issuance of Falsified Land Titles from O.C.T. 01 to O.C.T. No. 100,000 embracing the subject embarrassment of the national government which were taken advantage by irresponsible Real Estate Developers, Local and Barangay Official who where directly engaged in the selling of right of the subject land. DWCA P.69

Besides, on Decision with Compromise Agreement, Certainly, based on the evidences and circumstances, the ownership of the Philippine Republic and its government over the subject noble lands was void and unconstitutional even if the basis was a Philippine Constitution of 1935 but neither the Malolos Constitution could warrant the legality of Philippine government ownership over the said land on the reason that U.S. government acquired unlawful right over the land, the same, it thwarted the EVIL interest of the Republic of the Philippines over the subject lands. (Machine copy is hereto attached as “ÁNNEX” and made an integral part of this paragraph) DWCA pg. 51

WHEREAS: Indeed, concretely rectified upon the creation of the Supreme Court in 1580. Paragraph K of the government Possession Paper manifested with Supreme Court Chief Justice Hon. 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 name of private person in the absence of just compensation. (Machine copy is hereto attached as ÁNNEX and made an integral part of this paragraph) DWCA pg. 49, 57, 58, 73

WHEREAS: The only course to stop total changes of corruption is to eradicate the unmanageable evil and anomaly in the LRC and in the Register of Deeds, HULRB, Pag-ibig, and SSS where the lawful registered owner, should be a holder of Torrens Title for the land they acquired by their own labours, sweat and exerted efforts for quite so long. To hold such land beyond the true and lawful orders of land ownership in greater sense would vindicated within the ambit of law is in the Torrens System because, to the contrary, the Supreme Court cited the incident in a case Vital vs. Arore, et al, (Machine copy is hereto attached as ÁNNEX and made an integral part of this paragraph.) DWCA P. 100

WHEREAS: Yet, very clearly, that land grabbing scheme massively laundered icing by socialized housing programs (PAG-IBIG, GSIS, SSS, NHA) urban and agricultural land reform (DENR) and (NCIP) program 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 persons. It is hard to admit that there was no violation of Due Process. Actually, it is presently a serious offense of the National Government for grand design of its cohorts depriving the constitutional mandate of Section 1 and Section 2 of Article III of our 1935 Constitution, directly defeating the real substance of Due Process, namely: (Machine copy is hereto attached as “ÁNNEX” and made an integral part of this paragraph) DWCA P. 8, 9

WHEREAS: Register of Deed created a vacuum which is another basis of the land grabbers to reproduce rapidly multiply 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. (Machine copy is hereto attached as “ÁNNEX” and made an integral part of this paragraph.) DWCA P. 80

WHEREAS: It is a universal acceptance, the title of the Land once registered under 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. (Machine copy is hereto attached as ÁNNEX and made an integral part of this paragraph.)

WHEREAS: 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. 1017 (1960) that such registered property can not be lost to the government by prescription and the owner is entitled to be paid of the price thereof as prescribed by our 1935 Constitution Section 2 of Article III (Bill of Right). (Machine copy is hereto attached as “ÁNNEX” and made an integral part of this paragraph) DWCA P.115

WHEREAS: A proceeding is “in rem”if the object is to bar indifferently all who might be minded to make an objection of any sort against the right sought to be established, or if anyone in the world has right to be heard on the strength of alleging facts which, if true, show an inconsistent interest. (Manuela Grey Alba vs. Anacleto R. De la Cruz, G.R. No. L-5246, Sept. 16 1910) (Machine copy is hereto attached as ÁNNEX and made an integral part of this paragraph.)

HOWEVER: The Committee on Justice, chaired by Laguna Rep. Joaquin Chipeco approved the substitute bill on a consolidated HOUSE BILL No. 212, 314, 346, and 2702, OKs on Fake Land Titling imposing the capital punishment to hurdled a committee scrutiny of proliferation of spurious for TORRENS TITLE nationwide. According to (LRA) Administrator Alfredo Enriquez said a total of 22 million titles have already been issued and 60% of land titles from National Capital Region (NCR) are fake and which was prescribed by MANILA BULLETIN on July 14, 1999, Wednesday, page B-8.

FINALLY: That the Ang Bagong Lahing Filipino Development Foundation, Incorporated, herein respondent—lawful owner holder of Torrens System Proceeding and Registration of Property Title by Registration under Real Property Act 1858. That the above mentioned land is affirmed and confirmed by honorable Supreme Court in an EN BANC DECISION under G.R. No. 103727 and G.R. No. 106496, (Late Don Mariano San Pedro y Esteban vs. Court of Appeals, 265 SCRA 753), became final and immediately executory, promulgated December 18, 1996, and EN BANC Supreme Court Resolution dated 11th of July, 2000; 30th January, 2001 and 5th March, 2002 with warning: “that no further pleadings will be entertained or the same land cannot be again litigated in any future action at any court of justice in the Philippines.” (Id., Art. 481) (Machine copy is hereto attached as ÁNNEX and made an integral part of this paragraph.)

FINALLY RESOLVED THAT: The Ang Bagong Lahing Pilipino Development Foundation, Incorporated, is duly established and organized and existing under Philippine Law (Republic Act. 1459) with principal office at 7426 EMF Bldg., Santillan St., Pio Del Pilar Makati City, with SEC. REGISTRATION No. A 200200833-2002, (NGO) operates under the DECLARATION OF PRINCIPLES AND STATE POLICIES ARTICLE II) R.A. 3046 as Amended by: R.A. 5446; P.D. No. 1596 and PD. No. 1599 Section3, Art XVII. The state shall encourage Non-government, Community-based or Sectoral Organizations that promote the welfare of the nation. The state shall protect the right to health of the people and instill health consciousness among them, the state is mandated to promote a just and dynamic social order that will ensure the prosperity and independence of the NATION AND FREE THE PEOPLE FROM POVERTY.



I hereby certify to the correctness of the above-quoted information.



ANG BAGONG LAHING PILIPINO DEVELOPMENT FOUNDATION, INC.
7426 EMF Bldg. Santillan St., Pio Del Pilar, Makati City



“VISION’

An entity, conscious of its role to promote and attain the full trust and confidence of the Republic in the TORRENS TITLE.
EUROPEAN COMMISSION

B. L. P.
Program and Beyond
For more information please call: (02) 889-7933



KUNG HINDI NGAYON...... KAILAN?
KUNG HINDI TAYO ANG KIKILOS......
SINO ANG KIKILOS?


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