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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FIRST JUDICIAL REGION BRANCH ______ BAGUIO CITY

REPUBLIC OF THE PHILIPPINES, represented by the Department of Environment and Natural Resources (DENR), Cordillera Administrative Region, Plaintiff, -versusCIVIL CASE NO. _______ FOR: ANNULMENT OF TITLE AND REVERSION

PEDRO P. ISICAN, CARMELING P. CRISOLOGO, SPOUSES JULIO F. PARAYNO III and RACHEL ANN A. PARAYNO, and the REGISTRAR OF DEEDS OF BAGUIO CITY, Defendants. x----------------------------------------x

COMPLAINT
PLAINTIFF REPUBLIC OF THE PHILIPPINES, by counsel, respectfully states: 1. Plaintiff is a sovereign entity to whom all lands of It may be served with judicial

the public domain belong.

processes through the Office of the Solicitor General (OSG) at 134 Amorsolo Street, Legaspi Village, Makati City.

2.

Defendant Pedro P. Isican is of legal age, with

capacity to be sued, and is a resident of 140 Crystal Cave, Baguio City where he may be served with summons and other judicial processes. 3. Defendant Carmeling P. Crisologo is of legal age,

widow, with capacity to be sued, and is a resident of Vigan, Ilocos Sur, where she may be served with summons and other judicial processes. 4. Defendant spouses Julio F. Parayno III and Rachel

Ann A. Parayno are both of legal age, with capacity to be sued, and residents of No. 94 Bayaoas, Urdaneta City where they may be served with summons and other judicial processes. 5. Defendant Registrar of Deeds of Baguio City is

impleaded as a nominal party, being the officer tasked with the duty of registering decrees and issuing the

corresponding certificates of title over lands in Baguio City. He may be served with summons and other judicial processes at his office in Baguio City Hall, Baguio City. 6. On May 21, 1965, Kosen Piraso, Samay Piraso,

Cotileng Piraso and Martina Piraso filed a petition for the reopening of Civil Reservation Case No. 1, LRC Rec. No. 211 of the Court of the First Instance of Baguio City, praying for

the issuance in their favor title over a parcel of land designated as LRC-SWO-6132 (Lots 140 and 141, Baguio Cadastre), consisting of Two Hundred Ninety Thousand Two Hundred Eighty-Three (290,283) square meters, more or less, situated in Baguio City.1 7. Daisy Pacnos filed an opposition to the aforesaid

petition and prayed that she be allowed to introduce evidence to prove her alleged right to registration of a portion of the subject land, consisting an area of TwentyEight Thousand Two Hundred Fifteen Point Fifty-Two

(28,215.52) square meters.2 8. On January 26, 1967, the First Assistant City Fiscal

of Baguio City, on behalf of all government agencies, filed a motion to dismiss the main petition and other related petitions.3 9. In its Order dated July 13, 1967, the trial court Consequently, on

denied the aforesaid motion to dismiss.

October 7, 1967, the trial court rendered its assailed decision decreeing the registration of a portion of the land (28,215.52 square meters of Lot No. 140, Baguio Cadastre), subject matter of the Pirasos' petition, in favor of Daisy

1 Republic of the Philippines vs. Marcos, et al., 29 SCRA 517 (1969); A copy of which is hereto attached as Annex A. 2 ibid. 3 ibid.

Pacnos.4 10. On August 2, 1968, Albino Reyes filed an ex-parte motion for the issuance of a decree in his favor, having previously manifested before the trial court that Daisy Pacnos had transferred her right over the subject property to him. On the same day, the trial court directed the issuance of a decree in favor of Albino Reyes. 5 121820 was issued Thus, Decree No.

in favor of Albino Reyes, married to

Isabel Santamaria, resident of Dagupan City, Philippines. 11. Consequently, on October 7, 1967, Original

Certificate of Title (OCT) No. 0-235 was issued by the Acting Commissioner of Land Registration in favor of Albino Reyes conformably with Decree No. 121020.6 12. On October 18, 1968, the Office of the Solicitor General (OSG), representing the Republic of the Philippines, filed a petition for certiorari and prohibition with the Supreme Court challenging the ruling of the trial court denying its motion to dismiss the case below. The petition was docketed as G.R. No. L-29675.7 13. On November 8, 1968, the OSG filed a motion for leave to amend the petition, alleging that the subject property, over which Daisy Pacnos succeeded in obtaining a
4 5 6 7 ibid. ibid. A copy of the said OCT is hereto attached as Annex B. supra.

favorable judgment of registration, was transferred on August 16, 1968 to Arturo Tongson. The proposed

amendment consisted of Arturo Tongson's inclusion as one of the respondents. The said motion was granted by the Supreme Court.8 14. In its Decision promulgated on September 30, 1969, the Supreme Court En Banc granted the OSG's petition, the dispositive portion of which reads:9

WHEREFORE, the writ of certiorari is granted annulling and setting aside the order of respondent Judge of July 13, 1967, denying the motion to dismiss dated January 26, 1967 filed by the City Fiscal of Baguio City in behalf of oppositorsgovernment agencies; his decision, dated October 7, 1967, decreeing the registration of a parcel of land with an area of 28,215.58 square meters within Lot 140, Baguio Cadastre, or within the so-called U.S. Fleet Naval Reservation Center in favor of respondent Daisy Pacnos; his order of August 2, 1968 which in effect denied the motion to annul decision dated February 9, 1968 filed by the Solicitor General, and instead ordered the issuance of a decree over the same parcel land in favor of respondent Albino Reyes ; and his order, dated August 24, 1968 allowing respondents Kosen Piraso, et al., to adduce their evidence of alleged ownership. The writ of prohibition is likewise granted perpetually restraining respondent Judge from further taking cognizance and further assuming jurisdiction over the reopening of Civil Reservation Case No. 1 LRC Rec. No. 211 as sought by the private respondents. The preliminary injunction issued is hereby made permanent. With costs against private respondents.10

15. On December 22, 1977, then President Ferdinand E. Marcos


8 ibid. 9 ibid. 10 emphasis supplied

issued Presidential Decree (P.D.) No. 1271

similarly nullifying the decrees of registration and certificates of title covering lands within the Baguio Townsite

Reservation in Civil Registration Case No. 1, GLRO Record No. 211 but considering as valid certain titles to such lands that are alienable and disposable under certain conditions. 16. P.D. No. 1271 was issued to enable thousands of innocent holders of titles who, before the promulgation of the aforesaid Supreme Court decision had acted in good faith and relied, although mistakenly, on the indefeasibility of torrens certificates of titles and who had introduced substantial improvements on the lands covered by the certificates. Section 1 of P.D. No. 1271 reads:
Section 1. All orders and decisions issued by the Court of First Instance of Baguio and Benguet in connection with the proceedings for the reopening of Civil Reservation Case No. 1, GLRO Record No. 211, covering lands within the Baguio Townsite Reservation, and decreeing such lands in favor of private individuals or entities, are hereby declared null and void and without force and effect; PROVIDED, HOWEVER, that all certificates of titles issued on or before July 31, 1973 shall be considered valid and lands covered by them shall be deemed to have been conveyed in fee simple to the registered owners upon a showing of, and compliance with, the following conditions: a. The lands covered by the titles are not within any government, public or quasi-public reservation, forest, military or otherwise, as certified by appropriating government agencies; b. Payment by the present title holder to the Republic of the Philippines of an amount equivalent to fifteen per centum (15%) of the assessed value of the land whose title is voided as of revision period 1973 (P.D. 76), the amount payable as follows: Within ninety (90) days of

the effectivity of this Decree, the holders of the titles affected shall manifest their desire to avail of the benefits of this provision and shall pay ten per centum (10%) of the above amount and the balance in two equal installments, the first installment to be paid within the first year of the effectivity of this Decree and the second installment within a year thereafter.

17. To implement the aforesaid decree, the Baguio Validation Committee was created. The Committee is

composed of the Secretary of Justice as Chairman, the Solicitor General and Director of Lands as Members, and assisted by a technical staff 11 later conducted validation of titles covering the lands within the Baguio Townsite

Reservation. 18. Meanwhile, OCT No. 0-235 in the name of Albino Reyes, married to Isabel Santamaria, was cancelled and a new Transfer Certificate of Title (TCT) No. 13993 12 was issued in the name of Arturo Tongson by the Registrar of Deeds of Baguio City. Consequently, Lot No. 140 of the Baguio

Cadastre, now covered by TCT No. 13993, registered in the name of Arturo Tongson containing an area of 28,215.52 square meters, was subdivided and the following new TCTs were issued:

(1)
11 12 13 14

TCT Nos. T-97888,13 T-97890,14 and T-

Section 6, P.D. No. 1271 A copy of the said TCT is hereto attached as Annex C. A copy of the said TCT is hereto attached as Annex D. A copy of the said TCT is hereto attached as Annex E.

9789115 under the name of Mr. Pedro P. Isican and his spouse, Imelda Domingo Isican; (2) (3) T-9304016 in the name of Carmeling P. Crisologo; and T-9157217 under the name of Spouses Julio F . Parayno III and Rachel Ann A. Parayno.

19.

In cancelling TCT No. 13993 and issuing the aforesaid

TCT Nos. T-97888, T-97890, T-97891, T- 93040 and T-91572 in the names of defendants Pedro Isican, Carmeling Crisologo and spouses Julio Parayno and Rachel Ann Parayno, defendant Registrar of Deeds of Baguio City relied on the alleged Resolution 18 of the Baguio Validation Committee approving the purported Application for Validation of Title No. 5210 supposedly filed by spouses Arturo and Emelia T ongson over TCT No. 13993. 20. In an investigation19 conducted by the Department of

Environment and Natural Resources (DENR), it was found out that spouses Arturo and Emelia T ongson have not filed any application for validation of title before the Validation Committee. In fact, Application for Validation of Title No. 5210, which was purportedly approved by the Validation Committee, pertains to the application for validation of title filed by Albino Reyes over a parcel of land identified as Lot No. 150, Psu-219270 containing an area of Eight Hundred Seventy-One (871) square meters and covered by TCT

15 16 17 18 19

A copy of the said TCT is hereto attached as Annex F. A copy of the said TCT is hereto attached as Annex G. A copy of the said TCT is hereto attached as Annex H. A copy of said Resolution is hereto attached as Annex I. A copy of the Investigation Report dated August 11, 2010 of Myrna V. Antonio (Special Investigator) and Julio L. Damagen (Engineer I) is hereto attached as Annex J.

No. 11579.20

21.

TCT Nos. T-97888, T-97890, T-97891, T- 93040 and T-

91572 in the name of private defendants, issued pursuant to a fake and/or forged resolution of the Validation Committee, are therefore null and void. PRAYER

WHEREFORE, it is respectfully prayed of the Honorable Court that judgment be rendered in favor of the plaintiff as follows: (1) Declaring TCT Nos. T-97888, T-97890, T-97891, in the

name of Pedro P . Isican, T-93040, in the name of Carmeling P . Crisologo, and T-91572, in the name of Spouses Julio F . Parayno III and Rachel Ann A. Parayno as void ab initio; (2) Directing defendant Registrar of Deeds to cancel said

TCT Nos. T-97888, T-97890, T-97891, T-93040 and T-91572; (3) Ordering the reversion of the land covered by said TCT

Nos. T-97888, T-97890, T-97891, T-93040 and T-91572 to the mass of public domain and for private defendants to vacate and surrender the same to the plaintiff; and (4) Enjoining private defendants or any person relying on

their void titles to refrain from exercising/asserting acts of


20 A copy of the Letter of Atty. Fe Tuanda, OIC, Records Management Division of the Lands Management Bureau stating this fact hereto attached as Annex K; A copy of the said Validation Application No. 5210 is hereto attached as Annex L.

ownership over the properties in issue. It is likewise prayed that plaintiff be given such other reliefs as are just and equitable under the premises. Makati City, Metro Manila, for Baguio City, July 22, 2011.

JOSE ANSELMO I. CADIZ Solicitor General Roll No. 26872 IBP Lifetime Roll No. 05084 AMPARO M. CABOTAJE-TANG Assistant Solicitor General Roll No. 29990 IBP Lifetime Roll No. 03505 MCLE Exemption No. III-000763 SONNY VON RUAYA State Solicitor II Roll No. 46878 IBP O.R. No. 819693, 2/19/10 MCLE Comp. NO. III-0003836 EMMANUEL S. CALUYO Associate Solicitor Roll No. 53934 IBP O.R. No. 852843, 1/28/11 MCLE Comp. NO. III-0003766; 6/15/09 OFFICE OF THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village, Makati City Telephone Nos. 8186301 to 09
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, CLARENCE L. BAGUILAT, Regional Executive Director of

the Department of Environment and Natural Resources (DENR), Cordillera Administrative Region, Baguio City, Philippines, of legal age, after having duly sworn hereby depose and say: 1. 2. That I caused the preparation of the foregoing complaint; That I have read and understood the contents thereof, and contained allegation therein are true and correct of my own knowledge and belief based on records; That I have not commenced any other action or proceeding tribunal or agency; That no such action or proceeding is pending in the Supreme Court, or different divisions thereof or of the Court of Appeals, or any other tribunal or agency; That I hereby undertake to notify this Honorable Court within five (5) days from notice should I learn that a similar action or proceedings has been filed or is pending before the Supreme Court, or different divisions thereof, the Court of Appeals, or any other tribunal or agency.

3. 4.

5.

CLARENCE L. BAGUILAT Affiant SUBSCRIBED AND SWORN to before me this ______ of _____________________ 2011 at Makati City. MARY JEAN D. VALDERAMA State Solicitor II

EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

The foregoing Complaint is being filed and served by registered mail due to distance. EMMANUEL S. CALUYO Associate Solicitor

Copy furnished: Pedro Isican 140 Crystal Cave, Baguio City Carmeling P. Crisologo Vigan, Ilocos Sur Spouses Julio F. Parayno III Rachel Ann A. Parayno # 94 Bayaoas, Urdaneta City The Registrar of Deeds of Baguio City City Hall, Baguio City
SVNR/retchie/complaint-baguio2