FACTS: REPUBLIC OF THE PHILIPPINES Regional Trial Court Branch 111, Pasay City WILSON P. ORFINADA Plaintiff -VS- Hermogenes J. Rodriguez, et al Defendants Prince Julian Morden Tallano Intevenor x------------------------------------------------------------------------------------------------------x SHERIFF RETURN WITH RECONVEYANCE AND PARTIAL SATISFACTION OF JUDGMENT CERTIFICATION HON. SOFRONIO C SAYO Presiding Judge, RTC Branch 111 Pasay City, Metro Manila I certify that I implement the execution of the THIRD ALIAS WRIT OF EXECUTION, POSSESSION AND DEMOLITION of May 23, 1989, in compliance to the DECISION WITH COMPROMISE AGREEMENT of February 4, 1972 and of that Clarificatory Order of November 8, 1972 in the interest of equity and Justice as it being the consequence of loan litigation under LRC/DIVIL CASE No. 3957-P that crop up in the year 1962 in the filing of Escheatment petition/Reversion of Cases by the Republic of the Philippines against the true owners of a vast TRACK OF LAND, the TALA (TALLANO) ESTATE in accordance with our Land Registration Act 496 including the supplemented Order with Copias Ad Satisfaciendum you issued on August 8, 1989, to enforce and, execute this ORDER enjoining all defendants/respondents either they were not participated the proceedings neither impleaded to the case at bar, in as much as this Case is An Action In Rem toward physical possession/recovery of all the lot/lands identified and under unlawful possession of the Respondents, particularly, Don Ramona LRC CIVIL CASE NO. 3957-P Reconstitution of OCT NO. T 01-4, IN THE NAME OF Prince Lacan Acuna ULRIJAL BOLKIAH (TAGEAN) TALLANO, TCT NO., T 408 in the name of Gregorio Madrigal Acop and TCT No. T-498 in the name of Don Esteban Benitez Tallano/Quieting of Title and with Reconveyance 1 2 Benitez Tirona et al for being a Caretaker of the TALA (TALLANO) ESTATE embracing Province of Cavite, refused and continuosly refusing to undertake Accounting of her collections from farm revenues from the TALA FARMERS AND TENANTS, which was disrupted for more than thirty (30) years now due to unattended time of said Don Esteban Benitez Tallano to exercise said collection against the lessees due to his long stay in Hawaii since the year 1935. And it was resume said collection partially only in the year 1965, during his returned back home subjecting the said houses and lots situated in Barangay San Agustin and, all other farmers and tenants under them, which their houses and lots and other improvements had been introduced by tolerance of the TALA (TALLANO) ESTATE, thru their said Caretaker, Dona Ramona Benitez Tirona, which the said predecessors of the Judicial Administrator, Prince Julian Morden Tallano, Don Esteban Benitez Tallano and Don Gregorio Madrigal Acop, both great grand Fathers of said Judicial Administrator, took over said real property, containing an area of One Hundred Fifty (150) hectares from their Caretaker but with the plead of said Dona Ramona Benitez Tirona in the year 1966, she wish to pursue the employment in order not to loss the revenues of the farms if ever there would be changes in the farm management, which was sustained by the late Don Esteban Benitez Tallano. But to the surprise of the late Don Gregorio Madrigal Acop said Caretakers, as found as Marcos Cohorts, Dona Ramona Benitez Tirona and some unlawful occupants, particularly Carlota Mendoza, who was jast unlawful occupant of a parcel of land in Barangay Pinagbuhatan in the Municipality of Pasig and, other respondents, with the conspiracy to defraud the General Public, under the protection of a powerful influence of the Deposed Dictator of the Philippines, Ferdinand E. Marcos, they have had obtained tiltes in their names using different OCTs, like OCT No.1002 with Decree No.101200, fictitiously known as Imus Estate, to the further damage of the TALA (TALLANO) ESTATE OWNER which said land Titles from OCT No.100,000 and its subsequent land tiltes, the Transfer Cetificates of Title, were declared null and void, except the OCT No.01-4 which was originally Registered on October 3, 1904 in accordance with land 3 Registration Act. No. 496 by virtue of the Court Decision of the Land Registration Court of Rizal in the year 1904, for and in the name of the Prince Lacan Acuna Ulrijal Bolkiah (Tagean ) Tallano, the predecessors of the Judicial Administrator, Prince Julian Monden Tallano and of the late Don Esteban Benitez Tallano and of Don Gregorio Madrigal Acop. And besides, on the ground that there would be no circumstances that the same property would be decreed twice to different claimant/owner for the availment of separate Owner’s Certificate of Title. While other real properties described below under the control of the herein defendants the same were turned over for and infavor of the Tala Estate through its Judicial Administrator, Prince Julian Morden Tallano, against the Respondents et al and all persons claiming under them purported they bought said property from other persons as buyer in the good faith is a defense of no basic considering they subject real properties were placed under the Custodia Legis by virtue of prohibitory mandatory Injunction issued by the said Honorable Presiding Judge Enrique A. Agana, including the Estate of Dona Ramona Benitez Tirona, Carlota Mendoza and their conspirator Deposed President Marcos, which said ORDER REFERRED TO: Whereas, the dispositive portion of the Third Alias Write of Execution, Possession and Demolition of May 23, 1989, read as follows: WHEREFORE, in view of the failureof the Republic of the Philippines to conform substantially to the prescibed rules on the motion for relief of judgement/reconsideration in the case at bar has been dimissed with cost against the Republic of the Philippines and all parties concerned in so far as the case became finally executory and had been executed for so many times and it was terminated and it was rested in peace for so long. 4 WHEREAS, on August 7, 1989, the execution of the Third Alias writ, Possession and Demolition had not been fully executed and correspoding damages by virtue of COPIAS AD SATISFACIENDUM against the estate offenders, had not been attained due to unavailability of bank records while the offenders were not around during the stage of execution, now , enforcing the same said Third Alias Writ since it has been still under the reglementary period of five ( 5 ) years to execute yet , and require the above names respondent to pay the intervenor, who won with the appropriate judgement over the case at bar under LRC/CIVIL Case No.3957-P over the defendants/respondents’ claim to be the allege real properties owners which are the subject of possession and reconveyance to and in favor of the TALA ESTATE. Perusal to the Order of the Court there is a cogent reason the Third Alias Writ should be continuously enforce by the implementing Sheriff, through the Deputized/Special Sheriff, until full satisfaction of the same would be attained in compliance of and BY VIRTUE OF decision with compromise agreement dated February 4, 1972, its Clarificatory Order of November 8, 1972, which said Writ that has been issued for Reconveyance of the Real Properties indicated herein and with corresponding Certificate of Turn Over is hereby complied with situated and identified in different places and under several Cadastre, particularly; several parcel of lands as follows: 1) A parcel of lands (Lot 1 and 2, being a portion of II-668. Swc-13263, portion 01-4 deg.), situated at Manggahan and Rosario, Pasig City, M.M., Island of Luzon. Bounded on the W., along lines 10-1-2 by Road along the proposed Floodway; on the N., along lines 2-3-4-5-6 by position of li-668, Swc-13262, part of 01-4 dog; on the S., along lines 8-9-10 by Ortigas Avenue. Beginning at a point marked “1” on plan being N., 24 deg. 50’E., 4,129.82 m. from BLLM No. 1 Pasig City, MM.; thence N., 24 deg. 14’V., 691.23 m. to point 2; thence S., 80 deg., 39’E., 367.16 m. to point 3., thence N., 26 deg. 34’E., 111.90 m. to point 4, thence S., 70 deg., 12’E., 235.71 to point 5; thence due E.,; thence due E., 800.00 m. to point 6; thence due South 360.00 m. to point 7; thence South 470.14 m. to point 8; thence N., 79 deg. 07’W., 264.76 m. to point 9; thence S. 5 83 deg., 37’W., 990.67 M. to point 10; thence N., 14 deg., 24’W., 382.00 m. to point of beginning. Containing an area of ONE MILLION TWO HUNDRED FOURTEEN THOUSAND HUNDRED TWENTY ONE (1,214,221) SQUARE METERS more or less. All corners are old PLS. Conc. Mons. 15 x 60 cm. For survey and approval of the same 2) A parcel of land (Lot 41 C-3-F, Fad-41369, part of C1-4 deg.,) situated at San Mateo Rizal, Island of Luzon, Philippines, Bounded on SW., along lines 4-6 by National Road and along line 6-1 on the NW. by Lot 41, Psd- 32606, part of 01-4 deg; on the NE, along line 1-2 by Lot 45, Psd 32600, part of 01-4 deg. and on the SE along 1-3-4 by Lot 40 Psd 32606, part of 01-4 deg. Beginning at a point marked “1” on plan being S. 58 deg 47’W., 6,340.62 m from BLLM No. of Montalban, Rizal; thence 3.42 deg. 33’F., 499.79 m to point 4; thence N. 46 deg 42’W., 496,72 m to point 5; thence N. 32 deg. 27’E., 460.29 m to point of beginning. Containing an area of TWO HUNDRED FIVE THOUSAND NINE HUNDRED FORTY ONE (205,941) square meters, more or less. All corners are marked PLS. Cyl. Conc. Mons. 15x60 cm. For re-survey and approval of the same. 3) A parcel of land containing an area of 750 hectares, more or less under the caretaker ship of then Dona Ramona Benitez Tirona, Situated in the whole Barangay San Agustin, including Barangay Palapala, Barngay Sampaloc, Barangay Bucal, Malinta, Barangay Humayan, Barangay Langkaan, Barangay Paliparan, Barangay Salawag, Barangay Salitran, Barangay Sabang, Barangay Pasong Bayug, and Barangay San Jose and the Municipality of Dasmarinas itself, containing an area of 8, 234 hectares more or less. 4) A parcel of land situated in Barangay Bancal Carmona, Cavite containing an area of 88,386 square meters, more or less from point 1 a point of berginning to point 2 bounded on the South by Lot No. 1245, Carmona Cadastre and 6 Potrero River, from point 2 to point 3, bounded on the Southwest by Potrero River, from point 3 to point 4 bounded on the SouthWest by Potrero River, from point 4 to point 5, bounded by Potrero River, from point 5 to point 6 bounded on the South West by Potrero River, from point 6 to poin 7 bounded on the West by Potrero River, from point 7 to point 8 bounded on the West by Potrero River from point 8 to point 9 bounded on the Northwest by Potrero River from point 9 to point 10 bounded on the Northwest by Potrero River from point 10 to point 11 bounded on the North Potrero River from point 11 to point 12 bounded on the North East by Potrero River, from point 12 to point 13 bounded on the Northeast by Potrero River, from point 13 to point 14 bounded on the NorthEast by Potrero River, from point 14 to point 15 bounded by Pasong Pare River from point 15 to point 16 bounded on the North East by Pasong Pare River, from point 16 to point 17 bounded on the Northeast by Pasong Pare River, from point 17 to point 18 bounded on the Northeast by pasong Pare River from point 18 to point 19 bounded on the North East by Pasong Pare River, from point 19 to point 20 bounded on the North East by Pasong Pare River, from point 20 to point 21 bounded on the East by Pasong Pare River from point 21 to point 22 bounded on the Southeast by Pasong Pare River from point 22 to point 23 bounded on the Southeast by Pasong Pare River from point 23 to point 24 bounded on the South East by Pasong Pare River, from point 24 to point 25 bounded on the south East by Pasong Pare River, from point 25 to point 26 bounded on the South East by Pasong Pare River from point 26 to point 27 bounded on the South East by Pasong Pare River, from point 27 to point 1 point of beginning bounded on the south by Carmona Cadastre, lot 1245, containing an area 88,386 square meters, more or less embracing lot 1227 of Cadastral No. 285. That the Deposed President and His Cronies aforementioned, pre-empted and had over whelmed the on going Court proceedings then for the advantage of the deposed President’s cohorts, under the aforementioned LRC Case, the late President issued Presidential Proclamation No. 843 on April 26, 1971, which deliberately confiscating around 808 hectares of a declared Residential/Commercial land, portion of the TALA (TALLANO) ESTATE, own by the late Don Esteban Benitez Tallano, predecessor of 7 the Movant, and another portion of the said property in the pretext of Public
Posted on: Tue, 20 Jan 2015 01:06:04 +0000
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