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,

-versus- CIVIL 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 the

public domain belong. It may be served with judicial 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 Twenty-Eight 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

denied the aforesaid motion to dismiss. Consequently, on
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 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 Thus, Decree No. 121820 was issued

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.
4 ibid.
5 ibid.
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 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 oppositors-
government 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

6 A copy of the said OCT is hereto attached as Annex B.

7 supra.
8 ibid.
9 ibid.
10 emphasis supplied
 15. On December 22, 1977, then President Ferdinand E.
Marcos 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
staff11 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. 1399312 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) TCT Nos. T-97888,13 T-97890,14 and T-

9789115 under the name of Mr. Pedro P. Isican
and his spouse, Imelda Domingo Isican;

(2) T-9304016 in the name of Carmeling P.

Crisologo; and

(3) 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 Resolution18 of the Baguio Validation
Committee approving the purported Application for Validation of Title
No. 5210 supposedly filed by spouses Arturo and Emelia Tongson 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 Tongson 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 No. 11579.20

11 Section 6, P.D. No. 1271

12 A copy of the said TCT is hereto attached as Annex C.
13 A copy of the said TCT is hereto attached as Annex D.
14 A copy of the said TCT is hereto attached as Annex E.
15 A copy of the said TCT is hereto attached as Annex F.
16 A copy of the said TCT is hereto attached as Annex G.
17 A copy of the said TCT is hereto attached as Annex H.
18 A copy of said Resolution is hereto attached as Annex I.
19 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.
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.
 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 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

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. That I caused the preparation of the foregoing complaint;

2. 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;
 3. That I have not commenced any other action or
proceeding tribunal or agency;
4. 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;
5. 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.

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