Tallano Case in Philippines PDF
Tallano Case in Philippines PDF
Tallano Case in Philippines PDF
WILSON P. ORFINADA
Plaintiffs
-VSMACARIO RODRIGUEZ AND HEIRS
THE HEIRS OF DON MIGUEL AND
HERMOGENES ANTONIO RODRIGUEZ
DONA AURORA FABELA Y CARDONA
PATRICIA TIONGSON AND HEIRS
PONCIANO PADILLA AND HEIRS
FELIMON AGUILAR AND THE HEIRS
FORTUNATO SANTIAGO AND MARIA
PANTALEONA P. SANTIAGO AND HEIRS
MARCOS ESTANISLAO AND MAURICIO
DE LOS SANTOS/BLAS AND SEBASTIAN
FAJARDO/ANTONIO/EULALIA RAGUA
DON MARIANO SAN PEDRO Y ESTEBAN
AND MARIA SOCORRO CONDRADO HEIRS
THE HEIRS OF FLORENCIA RODRIGUEZ
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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BENITO A. TALLANO
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Intervenor
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under old case LRC/Civil Case No. 997-P but now, on the
Motion of the Republic of the Philippines to avoid conflicting
of hearing dates of two (2) Cases, under the same subject
matter, a consolidation of original Case LRC/Civil Case No.
997-P into LRC/Civil 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 victims of
oppression for the unmolested true spirit of justice and its
virtue for the deserving litigant.
manage,
insure
and
improve said
the law
of Cadastral
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.
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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11
12
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14
1964 which caused this case under LRC/Civil Case No. 3957-P
as consolidated one railroaded up to this proceedings.
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commercial lot
Commercial/
Prime lot
B.
Agricultural
Land
Commercial/
Prime lot
Commercial/
Prime lot
B.
Agricultural
Land
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B.
Agricultural Land
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.
Prime Lot
B.
Agricultural Land
17
B.
Agricultural Land
C.
D.
E.
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of 300,000 hectares.
VIII. For the Provinces of Visayas
A.
B.
Agricultural Land
B.
Agricultural Land
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5.
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21
22
23
24
his
successor
in
interest,
Prince Julian
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I.
Residential Lot
B.
Commercial Lot
II.
Residential Lot
B.
Commercial Lot
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C.
Agricultural Land
Residential Lot
B.
Commercial Lot
C.
Agricultural Land
Residential Lot
B.
Commercial Lot
C.
Agricultural Land
Residential Lot
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B.
Commercial Lot
C.
Agricultural Land
D.
Baguio City
a. Residential
b. Commercial Lot
VI.
Residential Lot
for
a maximum of 10,000 hectares.
B.
Commercial Lot
C.
Agricultural Land
VII.
Residential Lot
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B.
Commercial Lot
C.
Agricultural Land
D.
b. Residential Lot
c. Agricultural Land
E.
b. Residential Lot
c. Agricultural Land
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F.
b. Residential Lot
c. Agricultural Land
VIII.
Commercial Lot
First Class Town
B.
Residential Lot
First Class Town
C.
Agricultural Land
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certain
be
subsided
by Torrens
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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
mans 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 Soliman 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 Filipino 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 Filipino 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 precious metals like gold jewelries which they
used for t h e r e b e l l i o n a g a i n s t S p a n i s h g o v e r n m e n t a s t h e
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ARTICLE IX
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to
his
the
land
nobility
ownership
rulership
over
the
40
registered
to
China
but
it
was
opposed
by
King
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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 Filipinos patrimonial land and interest over
their ancestral lands including that of Tagean Clan over Hacienda
Quebega and the entire archipelago, the Hacienda Filipina, which
was in the name of King Luisong Tagean, while, the purpose of
dominion over the Philippine Islands was merely for the
propagation of Christianism since the early Filipinos 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 Rajahs 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 mans 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 tillers to pursue
rebellions 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 Filipino
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now, Philippines, 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 life were the golden teachings in his kingdom was
paramountly important. The efforts of Manila Liberation attributed
to the Noble Clans by the Royal Military of Great Britain bear the
fruit to liberalize 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.
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The Philippine government under LRC/Civil Case No. 3957P 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 Padilla, et. al., during the hearing and part of the
governments 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)
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2)
3)
4)
5)
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6)
7)
8)
9)
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10)
11)
12)
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13)
14)
15)
57
17)
18)
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2)
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2)
3)
SCHEME III
1)
2)
3)
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SCHEME IV
1)
2)
3)
4)
2)
3)
2)
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3)
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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 lieu 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 Certified 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 Raguss heirs, Don Mariano San Pedro
Esteban heirs, while other defendants failed to file 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 Philippine Airlines for his 75 hectares he acquired from Don
Annacleto Madrigal Acop are hereto attached as well. While the
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the
trust and
confidence
of
the
Filipino
people over
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The issue that the Titles, TCT No. T-408 and TCT No. T498, 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 facilitate the purpose of the true owners, said
argument is baseless on very reasons that, as manifested by the
Tallanos 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. 014, 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 nullified in as much
as the judgment of the Land Registration Court had met the prerequisites 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 Philippines.
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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 Tallanos 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 filed
within fifteen (15) days from notice of final order or judgment.
No more than one motion or re-hearing or reconsideration shall
be filed 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.
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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 Certificate 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.
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78
1.
2.
Assuming but not admitting that the lost owners 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.
B.
C.
D.
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have to pay the land owners heirs initially on six (6) installment
payment over that P3 Billion pesos damages.
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Corollary
of
this
end, let
traverse
our judicial
as
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That said Reverend Father was the one who gave idea to
His Excellency President Ferdinand E. Marcos to undertake the
illegal withdrawal of the said gold bullion from the Central Bank
vaults on the sense that Don Esteban Benitez Tallano, heirs of
the late Prince Julian Macleod Tallano, owner of the said big
bullion consisting of 617,500 metric tons died in Europe during
the American Occupation in 1898. And the Reverend Father
alleged: the heir Don Esteban Benitez Tallano died also during
the Japanese time, yet, the asset left with no will and no
legitimate heir, in spite of the fact that the truth was that the
late Prince has a last will and testament entrusted to the custody
of Reverend Father Jose Antonio Diaz clarifying that he has
surviving heirs, Don Esteban Benitez Tallano, Benito Tallano and
the only son of Benito Tallano, Julian Morden Tallano who also
inherited the Title of Prince, bestowed upon him by the Royal
Family in accordance with the code of Koran in as much as
although he has a fifty percent (50%) British blood, his
ancestors were Muslim-British Lords. That said Prince Julian
Morden Tallano has been authorized to administer and, when
necessary, withdraw the said assets deposited in the
Central Bank vaults and all gold bullion deposited in Fort
Knox and in Zurich and in other countries that served as
trustee of His Excellency Ferdinand E. Marcos and he is
89
That the Reverend Father also admitted that the only gold
bullion balance left in the Central Bank vaults are consisting of
400,000 metric tons; others, some 217,500 metric tons between
1965 to 1970 were illegally melted into another form of 75 kilos
per bar and were transported to different countries in Red China,
Hongkong, Switzerland, Germany, Australia, U.S.A., and in
England;
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Court:
Amicus Curae:
Antonio Diaz
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Antonio Diaz
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Antonio Diaz
Antonio Diaz
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Being the caretaker of the TallanoTagean familys gold bullion, can you
tell to this Honorable Court how many
and what is the exact number of kilos
do the Tagean-Tallano Family had
deposited in the vaults of the Central
Bank?
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Solicitor Guttierez:
Amicus Curae:
Solicitor Guttierez:
95
Court:
96
97
98
99
The
100
101
102
71 Phil. 566, Corpus, et al, vs. Beltran, et al, a955, 97 Phil. 722).
103
104
1.
105
3.
4.
106
107
5.
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
7.
109
8.
9.
110
family, Atty. Sr. Pablo Ocampo and Atty. Sr. Pedro Sotero
Laurel, that caused a root for a massive protest of the Filipino
legislators turning down said repressive laws;
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, II69, 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 like 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;
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114
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
Pandoras box to attain the constituted laches. Indeed, delay in
asserting ones 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.
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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
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117
1.
118
3.
4.
5.
119
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 Filipino farmers;
8.
120
9.
I.
B. Commercial Lot
121
II.
B. Commercial Lot
C. Agricultural Land
B. Commercial Lot
C. Agricultural Land
IV.
B. Commercial Lot
C. Agricultural Land
122
V.
B. Commercial Lot
C. Agricultural Land
D. Baguio City
a. Residential
b. Commercial Lot
VI.
B. Commercial Lot
C. Agricultural Land
123
VII.
For the Provinces of Southern Tagalog, Quezon, SubProvince of Aurora, Sub Province of Quirino
A. Residential Lot
B. Commercial Lot
C. Agricultural Land
b. Residential Lot
c. Agricultural Land -
b. Residential Lot
c. Agricultural Land -
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b. Residential Lot
c. Agricultural Land -
B. Residential Lot
First class town
C. Agricultural Land
125
11. And that petition of the Republic of the Philippines for Reconveyance and Quieting/and for Annulment of all the
Titles that has been issued from owner Certificate 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
Certificate 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;
126
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)
b)
c)
d)
128
e)
f)
g)
h)
129
j)
k)
130
l)
m)
131
132
133
A.
134
B.
135
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.
136
137
138
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.
139
SO ORDERED.
(SGD)
ENRIQUE A. AGANA
Presiding Judge
CONTACT
PHOENIX JOURNAL REVIEW
News Reviews, Previews and Alternative Views
NOT TO OPPOSE ERROR IS TO APPROVE IT
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NEWS REVIEW
$ 3.00
T he Factual History
Of the Philippines
in all of the rest of the world?
CONTACT is reprinting herein its nearly threeTHE TRUTH WILL OUT
Most of history, as we get to see it published,
year-old article that resulted from the Due
has suffered some interpretation, stylizing, modernizing,
Diligence performed by Global Alliance
and even outright revision. What the reader is about
Investment Association during 2002 and 2003 as
to find is a mode of history that has suffered no
an update to a story that could very well impact
THE ONE AND ONLY
change, even though preserving it has cost many lives
the economic system of the whole planet.
ORIGINAL CERTIFICATE OF TITLE
while those seeking to change (or hide) it have made
The original story will be presented as is; the
TO THE 7,169 ISLANDS KNOWN AS
themselves rich and powerful.
players in the current situation more
THE ARCHIPELAGO OF THE PHILIPPINES
The Philippines uses the Torrens title system for
authentically identified; and additional information
ALSO (AND MORE PROPERLY) KNOWN AS registering titles to land. In this system, the Original
is presented.
Certificate of Title (OCT No. T-01-4) applies to the
At the time of the first publication there was
whole archipelago and Transfer Certificates of Title
some doubt as to whether some or all of the Royal
(TCT) subtract a given, surveyed and described parcel
Family gold might have been removed. While still
THE WEALTHIEST NATION ON EARTH?
from the OCT. The record of such a transaction is
officially unconfirmed, there is now very strong
written as an annotation on the reverse of the DEED,
evidence that all, or most, of the gold is intact. The
What other Nation has 400,000 metric tons of gold or an attached parchment. These annotations plus the
Don Esteban Benitez Tallano & Don Gregorio
Madrigal Acop Foundation, Inc. has given notice in its vaults? What other Nation has more energy court orders, writs, and decisions tell a real history, even
to the government of the termination of the lease (clean hydrogen from deuterium [heavy water]) if unromantic in spots. We hope you enjoy reading it as
under its seas than could be available from all of the much as we enjoyed getting it together.
and of its intent to take possession of its gold.
hydrocarbons (including coal)
E.J. Ekker and Cenon C. Marcos
CONTACT
FIRST-CLASS MAIL
P.O. Box 27800
U.S. POSTAGE PAID
BAKERSFIELD, CA
Las Vegas, NV 89126
PERMIT NO. 758
Public Notice of 3/31/03 re OCT 01-4..........................................................page 2
Letter of Intent of 6/7/02..............................................................................page 2
The Philippines in Relation with OCT 01-4....................................................page 2
FIRST CLASS MAIL
Annotations to OCT No. 01-4.......................................................................page 4
List of Orders, Decisions, Writs of Executions, Entries of Judgment..............page 8
Comments, Facts and Truth of Illegal Ownership of Real Estate Properties........page 12
List of Buyers of Real Estate Properties Derived from Bogus OCT 383............page 13
Bona Fides: The Tallano Foundations in USA and Philippines.............................page 14
Public Notice: The Tagean-Tallano Gold (617,500 M.T.)......................................page 15
MAHARLIKA
Page 2
Page 3
Page 4
ANNOTATIONS
to
OCT No. 01-4
(13 page images ending on page 7)
Page 5
Page 6
Page 7
Page 8
TABLE OF CONTENTS
REF. NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
PARTICULARS
Royal Decree of 1572, confirmed by Supreme Court 1583.
Supreme Order of the Royal Crown of England on Land
Registration Case 571 Decreed that Prince Lacan Acua
Tagean Tallano is the owner of Philippine Archipelago
Covered by OCT 01-4.
Spanish Royal order of 1864 where OCT 01-4 is registered
anew in the name of Prince Julian Macleod Tallano.
LRC Case No. 997-P challenging TCTs No. T 408 & 498.
(See NOTE below.)
Decision with Compromise Agreement issued by
Judge Enrique A. Agana of CFI 28 Pasay City.
Entry of Judgment of LRC/CC 3957-P
Clarificatory Order issued by Judge Enrique A. Agana
Writ of Execution, Demolition and Possession issued by
Judge Enrique A. Agana.
Decision by Judge Enrique A. Agana.
Clarificatory of Decision by Judge Agana.
Sheriff Return by Atty. Jose E. Ortiz Jr.
Order of 3rd Alias Writ of Execution Possession and
Demolition with Dismissal to Motion for Relief of the
National Government by Judge Sofronio G. Sayo
Partial Compliance with Sheriff Certificate of Return
By Atty. Jose E. Ortiz Jr.
Order of Court Alias Writ of Execution by Judge Sayo.
Court Order by Judge Ernesto A. Reyes
RTC Branch 111 Pasay City.
Court Order by Judge Ernesto A. Reyes.
Court Order by Judge Ernesto A. Reyes.
Court Order by Judge Ernesto A. Reyes
Court Order by Judge Ernesto A. Reyes
Court Order by Judge Ernesto A. Reyes
CA G.R. SP. NO. 70014 Motion for Annulment of
Judgment by Solicitor General.
Comment and/or Opposition to the Petition with
Motion to Dismiss by Atty. Manuel G. Natividad Jr.,
Counsel of Julian M. Tallano.
Writ of Preliminary Injunction by Court of Appeals.
Ultimate Rejoinder with Motion to Resolve and Dismiss
by legal Counsels of Julian M. Tallano.
CA G.R. SP. NO. 70014 Resolution by Court of Appeals
DATE
1572
01-17-1764
1864
02-04-1972
09-14-1972
03-21-1974
09-10-1974
11-04-1975
01-19-1976
05-04-1979
05-28-1989
10-09-1989
03-03-1995
07-07-1997
02-02-1998
07-11-2001
10-08-2001
12-12-2001
12-19-2001
04-09-2002
05-20-2002
06-25-2002
11-20-2002
02-20-2003
NOTE: Case # 997-P can no longer be found, having been consolidated into Case 3957-P. That is
unfortunate since it seems the apparent duplicity of the Solicitor Generals attempt to capture 01-4 by
sending notices of hearings to places Tallano and Acop would not be, declaring them to be dead with no
heirs, and reverting 01-4 to the government, began with and was structured around that case.
Page 9
7. March 21, 1974 Clarificatory Order
WHEREFORE, judgment is hereby rendered
in favor of Julian M. Tallano, et. al., ordering the
Provincial Assessor of Rizal, Batangas, Laguna,
Cavite, and Bulacan, including those assigned
assessors in the area where the land is located
to accept payment of realty tax of the
embracing real property from the heirsintervenor, Mr. Julian M. Tallano for a
maximum period of five (5) years by offsetting
the amount of damages P2 billion pesos from the
government in as much as the government,
through its Hon. Solicitor General had entered
into a judgment with compromise agreement
which was adjudicated on February 4, 1972 in a
separate proceeding where the issue of
ownership over the land covered by Land Title
OCT No. T-01-4 including the government
petitions for judicial reconstitution of said
Torrens Land Title OCT No. T-01-4 had been
resolved.
That all Land Titles that were issued by the
LRC and/or Register of Deeds of the place
where the land is located, except, that OCT No.
T-01-4 over the Archipelago and except that
TCT No. T-408 and TCT No. 498 in the
Province of Bulacan, Greater Manila Area,
Province of Rizal, Province of Laguna, Province
of Batangas and Province of Cavite, and such
fraudulent Title particularly those numbers
ranging from OCT No. T-01-4 to OCT No.
4085 to OCT No. 10,000 [probably a
typographical error since the number is OCT No.
100,000 in all of the other cases], based on the
recommendation of Hon. Commissioner Antonio
Noblejas to this Honorable Court dated January
3, 1964 firmly pleaded by Hon. Solicitor General
Hugo Gutierrez, are hereby declared null and
void, no force and effect, from beginning,
ordering the Hon. Register of Deeds to cancel
the same if ever on file in the records of the
Register of Deeds of the towns and provinces
where the land is situated.
Ordering the concern Register of Deeds of
the Town, City and the Province where the
Land is located to record above declared void
Owner Certificate of Titles including those
Transfer Certificate of Titles that were issued
but non derivative from legitimate OCT No. T01-4, which are also declared null and void Land
Titles, and inform the general public about the
mentioned fraudulent Land Titles to prevent the
people to be adversely affected by these illegal
public documents.
There are more detailed orders (6 pages) following
but 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 courts
during every presidential administration since the
issuance of this order, the courts have consistently
upheld it. Whether one likes the idea of a single person
controlling most of land in an entire nation of some 80
million people, or doesnt like it, that is the law in the
Philippines. It does not have to be a bad situation
as will be illustrated in the SUMMARY of this paper.
A further comment will be helpful since we could
not reproduce the entire DECISION.
The
Government 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 public
buildings, public schools, hospitals, courts, municipal
and city buildings, police and military training camps and
similar land necessary for the public use. We say
Page 10
SUMMARY
Above, at 4., we referred to initiating one of the
biggest attempted land-scams ever. In his
DECISION WITH COMPROMISE AGREEMENT,
Judge Agana identified the perpetrators and disclosed
their plan for replacing the Tagean-Tallano Clan as the
owner of OTC No. T-01-4 by the government under
its principles of Public Domain since there were no
surviving heirs of the Tallanos. When one reads the
cases in their entirety, it becomes clear that the
government, in the person of Solicitor General Felix
Makasiar who served in the Administration of
Diosdado Macapagal, made the necessary effort to
prove beyond any shadow of doubt that OCT No. T01-4 was the single grandfather land title to the
entire archipelago and the TCTs No. T-408 and 498
were the only legitimate derivatives thereof, making all
land titles not derived directly from those three
fraudulent and of no value whatsoever.
Rather than attempt to paraphrase Judge Aganas
words and lose some of his wonderful clarity, we will
quote from his DECISION WITH COMPROMISE
AGREEMENT, beginning on page 12:
Similarly, the moro-moro court proceedings in
this Sala under LRC/Civil Case No. 997-P against
Don Esteban Benitez Tallano and Prince Lacan
Page 11
Acua Tagean Tallano, the living heir of the Late
Prince Julian Macleod Tallano contemplated by
some government officials in Malacaang 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 Florida
Blanca, 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 own by
Patricia Tiongson and by the National Government,
and all OCT its numbers from OCT No. 2 to OCT
No. 100,000 had been declared non-bankable due
to their fraudulent characteristics, and null and void
ab initio by my predecessor in the 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 Judgment Re:
Reconstitution of OCT No. T-01-4 in the name of
Prince Lacan Tagean Tallano with Annulment of
OCT No. 1 up to OCT No. T 100,000 vs.
Hermogenes Rodriquez from which the petitioner,
Republic of the Philippines had acquired its interest
and rights over the subject lands under the principle
of Public Domain, alleging in that petition that late
Julian Macleod Tallano and Prince Lacan Acua
Tagean Tallano have no surviving heirs whosoever,
so therefore, under the law, said big track of lands,
the Hacienda Filipina evidenced by OCT No. T-014 be reverted to the National Government. [Please
be reminded that during this period, 1962-1964, the
National Government was under the Administration
of Diosdado Macapagal.]
On the above proceedings, the constitutional
rights of the heirs of the true owner had always
been deprived, thanks to the sound-meritorious
judicial procedures of our Judiciary then that
asserted by then Solicitor General Felix Makasiar,
now, the pillar of our Supreme Court who sent
summons and subpoenas to the Tallano-Tagean
heirs in Hawaii and the old residence of the
Tallano-Tagean in Sitio Sauyo, Barangay Kuliat,
Quezon City, the Decision in favor of the Republic
of the Philippines under LRC/Civil Case No. 997P consolidated with LRC/Civil Case No. 3957-P
had been reverted in favor of Don Esteban Benitez
Tallano by way of Opposition Paper with supported
evidences adopted from government Position Paper
and proof of ownership over the land and proof of
heirship to the late Prince Julian Macleod Tallano
and Prince Lacan Acua Tagean Tallano and
Intervention by Benito A. Tallano that had
submitted during the Hearing prior to the release of
Decision of July 14, 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 the 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, provide the Land Reform
should be respected maintaining the land
Page 12
Date Issued
46353
47133
49788
54606
Ayala y Cia
Ayala y Cia
Ayala Corporation
Ayala Corporation
Further to above available TCTs which are herewith attached, there are also large tracts of commercial
lands located in the center of the commercial area of Makati like Ayala Avenue, Buendia, Amorsolo, BelaAir, Urdaneta, San Lorenzo, Legazpi Village and others, with boundaries among the neighborhood of Makati
like Taguig and Pasay.
Presented also are the maps, four (4) pieces showing the area of the commercial sites prepared in favor
of Ayala & Cia:
Owner
Ayala
Ayala
Ayala
Ayala
y
y
y
y
Lot Nos.
Cia
Cia
Cia
Cia
Date of
Survey
Bureau
Director
Area
Jose Dans
Rogelio Aquino
Rogelio Aquino
Rogelio Aquino
111.00 hectares
238.00 hectares
458.00 hectares
63.00 hectares
Page 13
LIST OF BUYERS
OF REAL ESTATE PROPERTIES
PER TCT 54606, DERIVED FROM
BOGUS OCT NO. 383
List Compiled by Cenon C. Marcos
Page 14
Bona Fides:
ABOVE: The Trustees Certificate for DON ESTEBAN BENITEZ TALLANO & DON
GREGORIO 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 FOUNDATION
FOR THE TALLANO ESTATE, INC. showing Good Standing in the USA.
In meeting the requirements for sufficient public notice, this is the third of three publications of this notice.
Public Notice
Page 16
NEVADA CORPORATIONS:
Coming to America
CONTACT:
The United States Immigration Service has in recent years relaxed requirements for many high-tech
workers, in recognition of the global demand for skilled workers in this field. H1-B visa statuswhich
applies to entertainers, athletes and those who otherwise possess unique skillsis easier to obtain now than
at any time in the past. Wouldnt it be nice if an American company needed you badly enough that it would
help 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 to
any foreign national working in a management capacity. An executive or manager of a foreign corporation
affiliated 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 have
assets in excess of $500,000.
2. Document that you are in fact an executive or manager of a foreign corporation affiliated with the
U.S. corporation.
2. Document that the U.S. corporate affiliate is in need of someone with your skills and abilities. (An
advertisement demanding a special combination of skills and abilities that just happen to match your own
will help a lot.)
3. Document your skills and abilities relative to the U.S. corporations 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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