MAYSILO ESTATE SCAM- WARNING TO THE PUBLIC

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It seems that the April 19, 1917 Maysilo Estate group are at it again. And now they just invaded a property using armed men. Please check this WARNING TO THE PUBLIC published in the Philippine Star on the following dates: February 15, 16 & 17, 2015. Be warned not to transact with these land-grabbers.

Please read this excellent article: http://news.google.com/newspapers?nid=2479&dat=20030205&id=LlU1AAAAIBAJ&sjid=fCUMAAAAIBAJ&pg=2760,2166636

The said property is rightfully co-owned and previously (before the land-grabbing) occupied by CHUA TEE & Company and General Metal Container Corporation of the Philippines.

This is the first time this property had been invaded after all these decades. So what does this mean?

The invaders woke-up one morning and realized that they owned the property?

The invaders woke-up one morning and found a title to the property?

You be the judge.

Is Manahan dead? Wife remarried

October 15, 2009

AMADO P. MACASAET

http://www.malaya.com.ph/08312010/columnbusi1.html

‘There is a proof that Rosendo is dead but the Manahans claim it was Clodualdo who died. Where is the death certificate of Clodualdo Manahan? The lawyer of the Manahans never bothered to produce it to disprove the genuineness of the death of Rosendo.’

THE Manotoks produced a document that Rosendo Manahan died on July 30, 1963.

But he and his wife Felicitas appeared in Court for the Manahans.

The Manahans claimed that it was Clodualdo, a younger brother of Rosendo, who actually died. How can the person who reported a death to the municipality mistake the identity of the deceased?

It now appears that the name Clodualdo Manahan is one among five in a tombstone.

Milagros Manahan asked a tombstone maker whether he asks for a death certificate before doing one. She was told that he does not do that. All he does is get the name. It is not his duty to verify.

Who will now verify that the bones of Clodualdo supposedly mixed with those of four others in a common tomb are his or those of Rosendo of Clodualdo? The Court of Appeals never asked. The Manahan lawyer never volunteered.

Did the Court of Appeals try to verify the genuineness of a document that after the death of Rosendo, his widow, Felicitas married again, in fact twice? One of the Manotoks told me she is of the impression that the CA did not.

Worse, the Manahan never presented to the CA a document or marriage certificate that Rosendo is married to Felicitas.

The CA may not have entertained any doubt that Rosendo is flesh and blood although there is a document showing his death. There are documents showing that his widow Felicitas married Librado Calunia.

How did it happen that Rosendo presents himself as husband of Felicitas when there is a certificate that he died of pulmonary tuberculosis?

What does Felicitas’ marriage to Librado Calunia prove? That she has two husbands?

Or is somebody standing for Rosendo who is dead as proven by his own death certificate belied by the claim that the person who died was his younger brother Clodualdo?

There is a proof that Rosendo is dead but the Manahans claim it was Clodualdo who died. Where is the death certificate of Clodualdo Manahan? The lawyer of the Manahans never bothered to produce it to disprove the genuineness of the death of Rosendo.

There is no document civil registry, in the Church or in the National Statistics Office, that Clodualdo is dead.

Neither did the lawyer of the Manahans produce the marriage certificate of Rosendo to Felicitas.

And now Rosendo is with his wife Felicitas claiming they are the real owners of a 34-hectare property long awarded to Severino Manotok whose heirs introduced improvement on the land having been in possession for longer than 70 years.

The Manotoks have contract for sale, a deed of conveyance certified as in existence by the National Archives.

They also have a Torrens title.

Given the fact that the heirs of Homer Barque, the original adverse claimants to the property, have reportedly admitted that they submitted fake documents to prove their claim and given the fact that the documents presented by the Manahans cannot be verified, it may be proper for the Supreme Court to ask the Court of Appeals to make a review of the genuine and fake documents.

It is also of extreme value to the decision-making process of the Supreme Court to ask the Court of Appeals to verify whether Rosendo Manahan is really dead as proven by a death certificate.

It is also of extreme value in the decision making process of the Supreme Court to verify whether or not Felicitas is married to Librado Calunia as proven by a marriage certificate.

Verifying the genuineness of these documents is important for the Court so that it will not to be misled into believing that Rosendo Manahan is flesh and blood but there is a certified document proving his death.

None of this, it must be stressed, is relevant to the fact that the Manahans submitted to the Court documents they cannot prove exist. But the Court must have the certainty that it is not deciding a case where a litigant does not exist because he died a long time ago.

It is worth reiterating that this case started as administrative in the Land Registration Administration. In its first decision the LRA certified or ruled that the land indeed belongs to the Manotoks as proven by the uncontested documents in their possession.

The LRA later reversed its decision saying that the title of the Manotoks is “sham and spurious.”

The Manotoks appealed to the Court of Appeals. The CA’s first decision was also in favor of the Manotoks. But a later consolidated decision by two divisions threw out the first ruling.

In word, the Manotoks initially won twice but lost twice. The third “loss” was the decision of the Supreme Court awarding the property to the heirs of Homer Barque.

The Supreme Court is now deliberating on the report of the CA to which the case was remanded after former SC Associate Justice Florentino Feleciano was granted oral arguments by the Highest Tribunal.

Hundreds of thousands of landowners who bought friar lands are now eagerly awaiting the decision of the Supreme Court that finally might put all questions on friar lands on ice.

In the end, it becomes the clear duty of the Aquino administration to clean up the Augean stables in the Land Registration Commission.

I remember the World Bank made a grant to the government precisely for this purpose. I have no knowledge how the money was spent.

I am reasonably certain, however, that disputes over land ownership continue to pile up in Court.

The Supreme Court may find wisdom in coming up with a ruling that will end all disputes. But, unfortunately, it may also have the capability to encourage more disputes.

Let us wait for the ruling.

Suppression of Evidence

http://www.malaya.com.ph/11242009/busicircuit.html

Suppression of evidence

We claimed in an earlier item that there are curious circumstances attending the land dispute among the heirs of Severino Manotok, Homer Barque and Vicente Manahan.

We will now prove our claim. It is on record that the Manotoks continue to be given the run-around in the Land Registration Administration. In fact, the LRA openly and flagrantly violates an order of the Court of Appeals, made in open court requiring the Land Management Bureau to provide the Manotoks with copies of documents pertaining to the property in question, the LMB refused to budge.

This refusal is a direct indication of bias against the Manotoks.

However, the Manotoks were able to secure a copy of their deed of conveyance in favor of Severino Manotok from the National Archives.

Thus, the Manotoks were able to give the lie to the claim of the Manahans that they have no right to own the property in spite of 90 years of continued possession.

There are no records that either the Barques or the Manahans ever set foot on what is now a multi-billion asset consisting of 34 hectares of prime land in Quezon City.

The submission to the CA of the deed of conveyance left the claim of the Manahans worthless. Moot and academic, as lawyers love to say.

I find it funny that the CA did not make sure that the LMB comply with its own open court order. If it did, the Manotoks would not have had to go to the trouble of getting the document from the National Archives.

What does one make out of that? Just asking.

The Supreme Court erred

The lawyer of the Manotoks, former Supreme Court Associate Justice Florentino P. Feliciano, acknowledged legal scholar and a man who commands the respect of friends and enemies, filed a partial motion for reconsideration assailing the remand of the case to the Court of Appeals.

The CA was told that the remand to the CA violates the Supreme Court’s own findings that the regional trial court has the exclusive and original jurisdiction to resolve questions related to land titles.

More important, Justice Feliciano alleged that the SC decision contradicts a provision in the Civil Code which he said states that “a possessor in the concept of an owner (as is the case of the Manotoks) has in its favor the legal presumption that he possesses legal title over the property.”

If this law had been complied with by the SC, the Manotoks cannot be required to prove their ownership of the property.

My way of saying it is the burden of proof of ownership belongs to the adverse claimant, not to the presumed owner or a possessor in the concept of an owner.

The burden of proof, in ordinary cases, is always on the complainant. Never on the respondent.

The motion for partial reconsideration was denied.

Not a vital document

The other reason Justice Feliciano filed a partial motion for reconsideration was to remind the Supreme Court that it knows only too well, or should know it that well, that the only basis for the claim of the Manahans is the Deed of Conveyance which they claimed the Manotoks did not have, but turned out it had.

The document was simply denied to the Manotoks by the LRA.

According to Justice Feliciano, the High Court has previously and repeatedly ruled that “the absence of a deed of conveyance does not render the title of purchases of friar land void.”

“In short,” he said, “the SC only needs to be guided by its previous decisions.”

Just the same the High Court denied the partial motion for reconsideration.

Under the remand ruling, the CA shall hear and receive evidence on the “Manotoks’ chain of title and ownership claim over the property.

After that is done, the CA proceeds to report its findings and recommended conclusions to the Supreme Court.

But how can they proceed to present evidence when the LRA flagrantly violates the open court order of the CA to provide the Manotoks with copies of the documents related to their alleged title?

It appears that many hurdles have been thrown in the way of the Manotoks.

Confusing, maybe wrong

What is seen as another mistake in the remand of the case to the Court of Appeals is that the Supreme Court may have assigned or proposed to itself “adjudicate final relief” on “who the proper claimant of the property is.”

Presumably the Supreme Court is to be guided by the findings and recommendations of the Court of Appeals. The CA is an inferior court. It can be reversed by the SC. In fact, whenever it feels necessary, the High Tribunal reverses itself.

In the event that the SC makes a ruling that does not sit with the findings and recommendations of the CA, what should be the High Court’s source of facts?

It should have been the regional trial court from the very start because there is a law that states that judicial reconstitution of land titles is an original and exclusive function of the RTC.

Since the Supreme Court is not a trier of facts and may, theoretically, not abide by the findings of the CA, will the facts of the case be determined by the regional trial court as required by law?

After all, the RTC’s decision can be appealed to the CA and the CA’s ruling may be appealed to the Supreme Court.

Pressure?

I have long heard that a powerful man is interested in the Manotok land dispute. In fact, he is rumored to have started exerting pressure on the Land Registration Administration.

The circumstances attending the case, principally the refusal of the LMB to provide copies of documents to the Manotoks may be interpreted as an indication of the existence of the alleged pressure.

I have also been told that the wife of a powerful official in the Arroyo regime is brokering the sale of the land, assuming it will be taken away by the Supreme Court from the Manotoks, to another influential person who presents himself as a savior of sinners.

We have to rely on the integrity of the Supreme Court. However, it can make a fatal mistake. The mistake becomes part of the law of the land.

The mistake is always claimed to have been made in the best lights of the majority of the magistrates.

That is why the Court is right even when it is wrong. There are no two ways of looking at it.

For as long as the mistake is not deliberately made in consideration of some pieces of silver, I continue to feel at ease with the Court. But such may not always be the case.

Ownership since 1919

The lawful authorities should really go after these land-grabbing scammers. The Barque family have obviously forged their title to the land and therefore have forged a public document. And who are Rosendo Manahan and Felicitas Manahan? They should also be investigated for they claim to own the land which they have never set foot upon and therefore have forged land titles too.

http://www.malaya.com.ph/11182009/busicircuit.html

Ownership since 1919

The controversy over the 34-hectare prime property owned and occupied by the heirs of Severino Manotok since 1919 is far from over.

After the heirs of Homer Barque sought reconstitution on the ground that the original title was lost in a fire that hit the register of deeds office in the Quezon City hall, came the Manahans who have a similar claim but for a different reason.

If official records must be the basis for final awarding of ownership, it is clear that the land – formerly friar land and later identified as the Piedad Estate – belongs to the Manotoks.

Records submitted to the courts show that the Manotoks have been in possession of the land since 1919. They have been paying taxes on the property. They have introduced improvements and had been left alone in peace until the records of the register of deeds were burned.

That’s when the heirs of Barque claimed they own the land but they never set foot on the property. Least of all, had it guarded to prevent an invasion by squatters.

The original title of the Manotoks lost to the fire in 1988 was reconstituted in 1991. The title is identified as RT-22481.

Can another reconstituted title sought by the heirs of Homer Barque and the Manahans be issued on the same property? Only the Court of Appeals can answer the question. The Supreme Court remanded the case to the CA for fact-finding although the law is clear that judicial reconstitution is a sole and exclusive jurisdiction of the Regional Trial Court.

Weird case

The heirs of Barque first sought reconstitution of title with the Land Registration Administration. The petition was denied but later approved. The LRA claimed that title of the Manotoks as “sham and spurious.”

The Manotoks filed a motion for reconsideration. Denied.

Based on the LRA’s denial of the MR, the Manotoks and the Barques separately went to the Court of Appeals on petitions for review.

The petitions were dismissed separately by the CA.

On motion for reconsideration of the heirs of Homer Barque, the two divisions of the CA rendered identical amended decisions ordering the cancellation of the title of the Manotoks and directing the LRA to reconstitute the title in favor of the Barques.

I had thought that the CA would consolidate the two petitions. It did not. But it rendered identical decisions.

First time I ever heard two divisions of the Court of Appeals making identical rulings. The justices in two separate divisions happened to have the same mind.

The Manahans’ cause

The Manahans filed an intervention in September 2006. They claimed that they are the owners of Lot 823 of the Piedad Estate, the same property occupied by the Manotoks since 1919.

They claimed that their successors in interest, Vicente Manahan, bought the property from the Government of the Republic of the Philippines and were issued Sales Certificate 511 covering Lot 823 of the Piedad Estate. They fortified their argument with the claim that the Land Management Bureau issued a Deed of Conveyance based on Assignment of Sales Certificate 511.

The Manotoks told the Court of Appeals that the Deed of Conveyance could not be issued because there is an existing certificate in the name of the Manotoks.

Their lawyer, a respected former member of the Supreme Court and considered a legal scholar, told the Court of Appeals that the title of the Manotoks can be traced – as there are records so proving – from the purchase of Zacarias Modesto, Regina Moreno, and Feliciano Villanueva of the same Lot 823 from the Philippine Government.

Are we now saying there were two buyers of the same lot 823? The Manahans claim their title is based on a Deed of Conveyance issued on April 17, 2000. On the other hand the title of the Manotoks came from a purchase of the same land by Zacarias Modesto, Regina Moreno, and Feliciano Villanueva from the Government of the Republic of the Philippines in 1919.

The Deed of Conveyance was issued 81 years after Modesto, Moreno and Villanueva bought the property from the government. This is mind boggling.

Is conveyance vital?

The Manahans claim that the title of the Manotoks is fictitious and spurious because, unlike them, they were not issued a deed of conveyance.

The lawyer of the Manotoks dispute this claim. He cited a long series of jurisprudence “that in the sale of friar lands, the purchaser, even before payment of the full price and before execution of the final deed of conveyance, is considered by law as the actual owner of the lot purchased under the obligation to pay in full the purchase price, the role or position of the government being that of a mere lien holder of mortgage.”

Following this jurisprudence, it is not the deed of conveyance that entitles one to ownership.

The lawyer explained to the Court that “while it is true that the government reserves title to any parcel sold until full payment, this must refer to the bare naked title.

“The equitable and beneficial title is transferred to the purchaser the moment he paid the first installment and was given a certificate of sale. Indeed, it is well-settled a deed of conveyance is not necessary given that ownership over the land vests upon the issuance of a certificate of sale.”

The fatal mistake

What to many lawyers was a fatal mistake in this case is the acceptance by the Court of Appeals of the appeal of the Manotoks and the heirs of Homer Barque.
Such acceptance denied the regional trial court its original and exclusive jurisdiction over judicial reconstitution.

At the risk of being cited for contempt, I dare say that it might have been more prudent for the appellate court to rule that it had no jurisdiction over the dispute to precisely because of a law that provides the RTC the exclusive and original jurisdiction over judicial reconstitution of land titles.

In the end, the Supreme Court en banc remanded the case to the CA, not for a ruling but to determine the facts of the case and submit a recommendation to the Highest Tribunal.

In effect, the case landed in the CA twice. First on appeal from the LRA which was first denied and later affirmed.

Now we have the same CA ordered by the Supreme Court to determine the facts. In effect, the CA took over – in fact, usurped the functions of the regional trial court which, it must be repeated, has exclusive and original jurisdiction.