The Power of Truth vs. The En Banc Decision of Hon. Supreme Court

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VALIDITY AND AUTHENTICITY OF TITULO DE PROPEIDAD 4136

The Titulo Propriedad 4136 of Don Mariano E. San Pedro Estate

Dear Philippines, we have found the greater power of truth, but it is against the en banc Decision of the Hon. Supreme Court--[“Legal status of Titulo de Propriedad 4136 of the estate of Don Mariano E. San Pedro in the light of the Torrens Title owned by PIADECO OCT 374 and TCT No. 57”]

The Hon. Supreme Court in its 1996 Decision en banc (on San Pedro estate) has made it clear that the huge area of the vast lands under the mysterious Titulo Prop. 4136 is 173,000 hectares. (Pls. see the decision in G.R. No. 103727, Dec. 1996, with sketch plan of Titulo Prop. 4136.) It also made clear that there are two confusing dates (April 25, 1894 and April 29, 1894) involved in the San Pedro controversy, and that for purposes of its 1996 en banc Decision, the Hon. Supreme Court affirmed “April 25, 1894” as the correct and real date, and thus (mistakenly!) declared Titulo Prop. 4136 issued on April 25, 1894 as null and void, contradicting the declaration of DENR that Titulo De Propeidad 4136 is valid and Authentic on its report conducted under Secretary Antonio Cerilles on the Land Classification of Quezon City in 1999 and was certified by the NBI under questioned document report in 1963 that the signature of Miguel Lopez Delgado and Alehandro Garcia appearing on the last page of Titulo 4136 are authentic.The opinion of JudgeFernandez stating that it was the signature certified by the NBI as authentic and not the titulo inself is lack of logic and misleading, for how could an authentic signature could appear on a fake document,when the signature found in a document is authentic it follows that the document is authentic for there was no xerox machine nor any sophisticated gadget during the Spanish time to manipulate the document or the signature in fact this title was the subject of memorandum of President Magsaysay and lately by President Marcos that recognized the validity of Titulo De Propeidad 4136 which is under expropriation by the pihilippine congress and the government during that time.

The Hon. Supreme Court further clarified: “The heirs of the late Mariano San Pedro y Esteban laid claim and have been laying claim to the ownership of, against third persons and the Government itself, a total land area of approximately 173,000 hectares or “214,047 quiniones,” on the basis of a Spanish title, entitled “Titulo de Propriedad Numero 4136” dated April 25, 1894. The claim, according to the San Pedro heirs, appears to cover lands in the provinces of Nueva Ecija, Bulacan, Rizal, Laguna and Quezon; and such Metro Manila cities as Quezon City, Caloocan City, Pasay City, City of Pasig and City of Manila, thus affecting in general lands extending from Malolos, Bulacan to the City Hall of Quezon City and the land area between Dingalan Bay in the north and Tayabas Bay in the south.”

The Hon. Supreme Court made it clear: “….The heirs or successors-in-interest of Mariano San Pedro y Esteban are not without recourse. Presidential Decree No. 892, xx, grants all holders of Spanish Titles the right to apply for registration of their lands under Act No. 496, otherwise known as the Land Registration Act, within six (6) months from the effectivity of the Decree.” xxx “We are in accord with the appellate courts’ holding xxx that since the Titulo was not registered under Act No. 496, otherwise known as the Land Registration Act, said Titulo is inferior to the registered titles of the private respondents Ocampo, Buhain and Dela Cruz (i.e. of the notorious OCT 614 and OCT 333). xxx “This Court can only surmise that the reason for the non-registration of the Titulo under the Torrens system is the lack of the necessary documents to be presented in order to comply with the provisions of P.D. 892. We do not discount the possibility that the Spanish title in question is not genuine, especially since its genuineness and due execution have not been proven. In both cases, the petitioners-heirs were not able to present the original of Titulo de Propriedad No. 4136 nor a genuine copy thereof.”The genuine copy thereof cannot be produced by the pretending petioner heirs for they are not the real owner ,the true story about this matter is that Don Mariano San pedro Y Esteban mortgaged the land in 1894 to his friend Don Ignacio Conrado for the sum of P8,000.00 under Pacto de Retro redeemable within ten years but Don Mariano San Pedro Esteban failed to redeem such land thereby Don Ignacio Conrado foreclosed the said land in 1904 and registered the same under Act 496 in 1909 and was issued Torrens title OCT 374 and TCT no.57 covered by Plan II-668 with decree no. recorded in Malolos Bulacan during the American Period. Now Maria Socorro Conrado the daughter and sole heir of Don Ignacio Conrado adjudicated the land to herself upon the death of her father Don Ignacio Conrado and sold the land to Pinagcamaligan Indo-Agro Development Corporation PIADECO for short, and now PIADECO being the successor in interest of Don Ignacio Conrado is the legal anf legitimate owner of the subject estate under Civil case no. 3035-M which upheld the ownership of PIADECO over the land and not its oppositor the Bureau of Forestry in the sala of Judge Emmanuel Monuz of CFI Bulacan in 1964.

Now, beloved Philippines, and dear Portia, goddess of justice, what if, contrary to the belief and findings of the Hon. Supreme Court, the Titulo Propriedad 4136 of April 25, 1894 has already been submitted to, and has passed the rigid examination of, Land Registration Cases in 1909? What now, Pallas Athena, if indeed there has already been such a Torrens title issued in favor of the successors of Don Mariano E. San Pedro necessarily after strict investigation of Titulo Propriedad 4136 of April 25, 1894? --- Many a salty tear has been shed by the helpless poor; quite a number of them have experienced the feeling of deep remorse that has risen within their honest souls when their last hope for justice has fled in Dec. 1996. Dear Portia, goddess of justice, will you forsake us again when what is at stake now is the precious honor that we cherish above all else, when much that is left is the memory of those who tried to redeem the dignity of the poor and relentlessly fought for Titulo 4136 in your name. Pallas Athena, goddess of truth, we praise thee with our gratitude, because our Motherland will now be redeemed, in-as-much-as we have found the greater power of Truth of the mysterious Titulo Propriedad 4136--the one hope of the poor--that was viciously maligned and ruthlessly assailed by the combined forces of the unscrupulous rich and the dark political powers that be. The Titulo Propriedad 4136 has now gone back to life to save and give justice to the disadvantaged and the oppressed and to help bring the Philippines to Golden Age!

God bless the Philippines!………There is really such a Torrens title (or an Original Certificate of Title) that was issued out of Titulo Propriedad 4136 of April 25, 1894, and it is OCT 4136 as declared by the DENR in its report in 1999 entitled Land Classification of Quezon City in 1999 just after the Supreme Court declared that Titulo de Propeidad 4136 Null and void in 1996. Truly the DENR as the department in charge of land was not convinced by the honorable Supreme Court of its decision regarding Titulo 4136 on the contrary it upheld the validity and authenticiy of Titluo de Propeidad 4136 . See also the Partial Decision of Judge Emmanuel Munoz in December 29, 1964 CFI Bulacan thereon. Pls. also see the Original Certificate of Title (OCT) No. 374 and TCT No.57 of the Hon. Register of Deeds of Malolos, Bulacan. The Torrens Title have long been existing since 1910 but was not known to many , and have become the object of complaint of Quieting of Title filed in Bulacan Regional Trial Court against the false heirs, all 42 of them with San Pedro surnames. The titles have been hidden by them false San Pedro heirs presumably because of Don Ignacio Conrado as the “next of kin and true legal owner" of San Pedro Estate --with his most authentic Spanish documents, discovered from the 400 year-old church of Sta. Ana in Taguig. Titulo Propriedad 4136 issued in April 25, 1894 had, indeed, been submitted in a Land Registration Case under Act 496 in 1909. The original of the Titulo Propriedad 4136 was necessarily shown, and examined (as indicated in the records), and found in order, so that in 1972, after due notice and hearing with all concerned, the Hon. fact-finding and jurisdictional court, which is a Court “in rem”, whose decision is final and against the whole world, (after the lapse of certain number of years), issued forth a decree for the issuance of Torrens Titles, namely, Original Certificates of Title (OCTs) No. 374 and TCT No.57. A number of Transfer Certificates of Title have also been issued from the OCTs, (they) were transferred to innocent purchasers for value, and have become valid and perfect titles.

The Partial Decision of Judge Emmanuel Munoz in Civil Case No. 3035-M in Pinagcamaligan Indo-Agro Development Coporation(PIADECO) Vs. Director of Forestry the judge affirmed the ownership of PIADECO under OCT 4136 and the decision of the judge has become final and executory for failure of the director of forestry to appeal therefrom, and in the long court battle which ended in 1968 as acknowledged by the decision of the supreme court in G.R. No. L-24796 and G.R. No. L-25459 in the consolidated case which favor the government petition against the logging operation of PIADECO for the cancellation of its license by some unscrupolous government officials but affirmed the ownership of PIADECO over the land in question. Which decision is twisted by the government as the case that they won over the land but reading carefully such decision it is very clear that the land belongs to PIADECO it was the logs which the Supreme Court awarded to the government and not the subject land because the decision of CFI Bulacan as to the ownership of PIADECO is final for failure of the Director of Forestry to appeal therefrom which decision was not reversed by the Honorable Supreme Court.What the supreme court altered is the order of the CFI bulacan regarding the confiscated logs and not the land and that is very clear if you read the Supreme Court Decision.Determining the Titulo Propriedad 4136 issued on April 25, 1894 to be in order,--as well as his issuance of the judicial decree for registration of the land thereof, and the final issuance of the Original Certificates of Title to the said lands within Titulo Propriedad 4136 issued on April 25, 1894,--is of "judicial notice" in Philippines jurisdiction, specially to the Hon. Supreme Court. [(Pls. see Revised Rules of Court of the Philippines, Rule 129, Sec. 1). Moreover, the said Land was recognized by the American government under the Treaty of Paris in 1898 and continue to recognize the same even the after the American period in the Philippines it was only during the Marcos regime that Spanish Title was abolished under PD 892, that even President Marcos has no authority to abrogate the Spanish Mortgage Law which is recognized under the Treaty of Paris if that is so then the territory of the Philippines comes from nowhere, because under the 1935 constitution the territory of the Philippines comes from the Treaty of Paris between Spain and the US .Presidential Decree 892 is unconstitutional it deprives the owner of the land its title without due process of law this decree was issued by the late president for selfish motives so that all its political enemies with vast tract of lands under Spanish titles will be deprived of their properties without going through court litigations and therefore violates the very basic rights of the people.Registration Case is a proceeding “in rem”, which is “an action in which the court is required to have control of the thing or object and in which an adjudication is made as to the object which binds the whole world and not simply the interests of the parties to the proceeding, and has for its object the disposition of property, without reference to the title of individual claimants;.

The question of validity of Titulo Propriedad 4136 that was issued on April 25, 1894, after the same has been duly examined and found in order by the Hon. Land Registration Court in its "in rem" proceedings, has become "res judicata". Therefore, the "en banc" Decision of the Honorable Supreme Court, has become “ultra vires” on its part; and, hence, it acquired no jurisdiction on Titulo Prop. 4136. Forcing the issue would result into grave abuse of discretion that would result into lack of jurisdiction. Neither, the Hon. Supreme Court can now Order a new trial to correct its mistake because doing so will result to “double jeopardy” against the judicially confirmed "successor"(PIADECO) of Don Mariano E. San Pedro. And neither the Hon. Supreme Court can promulgate today, “motu propio”, a new judgment to correct the previous one where it erred because of stark absence of a fair trial, and therefore would be lacking (and without) “due process“. Indeed, to repeat, the validity of Titulo Prop. 4136 issued on April 25, 1894 has become “res judicata” after Now, and has passed the rigid examination of, National Bureau of Investigation in 1963 when Director of Forestry J.L. Utleg submitted to NBI the Titulo 4136 for examination , and the findings of the NBI was the titulo is authentic thereby the Director of Forestry awarded Private Woodland Registration (PWR- No. 2065-New) certificate to PIADECO for logging operation . Should the NBI found that the titulo is fake the director of forestry would not have issued a permit to PIADECO for its logging operation .Now PIADECO who is a holder of legal title to San Pedro Estate which is now the Don Ignacio Corado estate was viciously maligned and ruthlessly assailed by the combined forces of the unscrupulous rich and the dark political powers of the government .

Thus, how the Hon. Supreme Court speaks with the voice of god, and is infallible, and cannot err. Everything, including its seeming mistake, is part of larger design for the good of all and the country. -- The most logical interpretation of motive in its said controversial 1996 "en banc" Decision is that:--in as much as the land under Titulo Prop. 4136 cannot anymore revert to being “public land” (since the lands under Titulo Propriedad 4136 have since 1894 been owned as private lands, and have actually been registered with the Spanish Mortgage Law, and the Treaty of Paris of 1898; in addition to the fact that it was registered under ACT 496 in 1909 by Don Ignacio Conrado and was issued OCT4136 and most parts of the lands have already been declared “alienable and disposable” by the Bureau of Forestry, and that it has been a time-honored principle that “what has become private land cannot anymore become public (land)”), and since the public-interest nationalist PIADECO has already been prepared and (actually) launched by the judicially confirmed "successor" of Don Ignacio Conrado (Wilfredo Sumulong Torres)--i.e. which the government branded as large syndicate for they the government was not allowed by Wilfredo Torres to use his legal title to swindle the people under the guise of the government program such as CMP (community mortgage program)to fool the underprevelige citizens.Further to democratize the base of oligarchic power in the Philippines, assert the interest of the people, and to preempt the lands from getting to fall in the hands of crafty landgrabbers-developers, (and as well as to the false heirs and fraudulent San Pedro claimants),--the Hon. Supreme Court in a stroke of statesmanship, with its mighty pen of activist judicial wisdom, (although not easily understood and particularly discernible to most people), has forever wrote finish to the celebrated San Pedro controversy, (but not without a happy ending, and with ultimate poetic justice dispensed in favor of judicially confirmed "successor" of Don Mariano E. San Pedro--no other than, Don Ignacio Conrado, he who has become the last "San Pedro Patriarch").

And, thus how our faith in the Hon. Supreme Court has been strengthened even more, but only after we have fully understood the whole intent and ramifications of their 1996 "en banc" Decision on the San Pedro controversy. To finish the ambitions of pretending heirs of Don Mariano San pedro Esteban by which the name of Piadeco was dragged by these syndicates in their selfish motives to amass wealth by using the San Pedro Estate, for the genuine OCT 4136 was already in the hands of Piadeco. Indeed, the Hon. Supreme Court dispenses justice to all but ultimately (and mercifully) sides with the disadvantaged people, and that, today, all rejoice because the people themselves will be served and benefited by the dramatic resolution on the ownership of the vast tracts of land in question. On the side of the judicially confirmed successor (PIADECO), we know of the great sacrifices they have made for the country, and they are always like today serving as mere instruments for greater cause and of social justice. It is befitting to remember now that Don Ignacio Conrado died a decent man; while being a Spanish subject, was raised in a great liberal tradition; he was an industrious nobleman, as he in fact toiled his way to prominence, even meriting great land concessions from the grateful civil government of his time. Don Mariano San Pedro his friend provided indispensable service in public works to the Spanish Crown and the Office of the Governor General of the Islands.

LEGAL STATUS OF TITULO DE PROPEIDAD 4136). Moreover, the said Land was recognized by the American government under the Treaty of Paris in 1898 and continue to recognize the same even after the American period in the Philippines it was only during the Marcos regime that Spanish Title was abolished under PD 892 which was issued under the barrel of the guns, that even President Marcos has no authority to abrogate the Spanish Mortgage Law which is recognized under the Treaty of Paris if that is so then the territory of the Philippines comes from nowhere, because under the 1935 constitution it was declared that the territory of the Philippines was granted under the Treaty of Paris. Presidential Decree 892 not only violated the treaty of Paris but unconstitutional as well, this decree was issued by the dictator at that time hence no legal basis, because it deprives the owner of the land its title without due process of law ,this decree was issued by the late president for selfish motives so that all its political enemies with vast tract of lands under Spanish titles will be deprived of their properties without going through court litigations and therefore violates the very basic rights of the people. The very short six month time given by Marcos to holders of Spanish title to register was designed so that nobody could actually register their title. Even the one hectare lot could not be approved in just six months time how much more if the land is a hudred or thousand hectares. The question of validity of Titulo Propriedad 4136 that was issued on April 25, 1894, after the same has been duly examined and found in order by the Hon. Land Registration Court in its "in rem" proceedings, has become "res judicata". Therefore, the "en banc" Decision of the Honorable Supreme Court, has become “ultra vires” on its part; and, hence, it acquired no jurisdiction on Titulo Prop. 4136. Forcing the issue would result into grave abuse of discretion that would result into lack of jurisdiction. Neither, the Hon. Supreme Court can now Order a new trial to correct its mistake because doing so will result to “double jeopardy” against the judicially confirmed "SUCCESSOR" of Don Mariano E. San Pedro, Piadeco

In gratitude to the government and the people, when Don Ignacio Conrado prepared died ,Mr Wilfredo Torres continued his noble task for the poor and underprevelige Filipino citizens that is by distributing and giving land to the landless,giving them ownership to the land where they dwell particularly to those people branded by the governement as squatters. FOr Mr. Wilfredo Torres the term squatters for our filipino countrymen is stupid for how could a filipino be an foreign to his land, the filipino should therefore own the land.That is why the program of Piadeco is to distribute the land under its vast track of land covered byt its title OCT 374 and TCT 57 which they acquired from Don Ignacio Conrado the owner of the San PEdro Estate.

"THE TRUE SYNDICATES ARE THE UNSCRUPULOUS GOVERNMENT OFFICIALS"
                       

Rewards in the fight against unscrupulous land syndicates and as well as against false heirs and fraudulent claimants. As a result, Don Ignacio Conrado kinship and heirship with Don Mariano San Pedro Y Esteban had been fully established and confirmed. Being the one who foreclosed the San Pedro Estate, Don Ignacio Conrado the lawful owner and its successor Pinagcamaligan Indo Agro Development Corporation(PIADECO) is the legitimate owner of the subject estate under torrens titles OCT 374 and TCT 57 derived from Spanish Title when the said land was registered in 1909 under Act 496 by Don Ignacio Conrado. Wilfredo Torres being the Chairman and President of PIADECO being the defender of the poor against unlawful ejectment and demolition fought the unscrupulous government officials and the oligarch rich not with arms but with his legal title to the land in his battle in the court of justice, but the poor people who depends on him were many times deprived of their rights by the hoodloms in robe , using the En Banc Decision of the Supreme Court to mislead the justice system .The En Banc Decision of the Supreme Court in 1996 declaring Titulo De Propeidad 4136 as null and void is gravely abused and used by those judges as a judicial notice for all they know this decision cannot be applied to Torrens title derived from such Spanish Title.Torrens title is indefeasible as proof of ownership. In fact the decision of the supreme court is just moot and academic why ? because Titulo De Propeidad 4136 was already cancelled as early as 1909 by virtue of OCT 374 and TCT no. 57 so that no rights could be derived therefrom because all its rights were already transfered to Torrens title of Don Ignacio Conrado.In the said decision also the Supreme Court declared that proof of compliance with PD 892 is the Certificate of Title which is again moot and academic because certificate of titles were already issued in 1910 out of the Spanish Title 4136, and the Decision of the Supreme court in 1996 cannot defeat the decision of the Land Registration Court in 1909 because those justices that renders the decision were not yet born during that time. Mr. Wilfredo Torres chairman of PIADECO because he was look upon by the poor as Robin Hood the defender of their rights against demolition and ejectment was branded by Mr. Marcos as Land grabber and syndicate which until now was continued by the corrupt government officials in OUR PRESENT TIME.

In this connection: the 50,000 has. lands in the provinces of Quezon, Rizal and Laguna could not have been validly acquired by Green Square Properties Corporation from any supposed seller it transacted that only misrepresented the San Pedro estate. (Pls. see G.R. No. 139274, Oct. 2001.) The original Tax Declaration issued in favor of the heirs of Don Mariano San Pedro is, and remains, valid.

We must bear in mind that such Tax Declaration for the 50,000 has. property in Quezon Rizal and Laguna provinces are in the name of Heirs of Don Mariano E. San Pedro. They are here alive, judicially confirmed as “next of kin” and “true legal heirs” of Don Mariano, and vested with power to succeed the deceased and to administer the San Pedro estate.

Now that the provincial government of Quezon has received mandate from Hon. Supreme Court in refusing to honor tax payments by Green Square, then,--the real, original and legal right and privilege of ownership remain with the said true owners of the property, or of the San Pedro estate,—whose present institutional judicial administrator is the Don Mariano E. San Pedro Foundation, Inc.

The provincial government (in violation of the Constitutional right to property of the judicially confirmed SUCCESSOR (PIADECO) of Don Mariano San Pedro) cannot invalidate it now in the aftermath of the criminal sales transactions between said fraudulent parties.

The fraudulent alleged-administrator, who is supposedly an officer of the Court, but does not have any legal mandate on record (or whose mandate has expired on the date of sales-transaction with Green Square, in August 1996), together with the Hon. Court who approved the transaction, must bear full responsibility of the criminal act of large-scale estafa. (The legal San Pedro estate, much less PIADECO, is innocent and clean on this sales-transaction, they are the victims here, and should not be visited by the consequences of guilt of the fraudulent parties in the said criminal sales-transaction.)

For its part, Green Square, a company involved in realty business as it is, if it is not a colluding co-conspirator in the criminal transaction, must have exercised caution and should always bear in mind the adage of “Caveat emptor”, even as (particularly) because of its greed, it chose not to transact with the rightful owner, Pinagcamaligan Indo Agro Development Corporation who, at the right time, had just been determined as next of kin and true legal successorof Don Igancio Conrado, in addition to being appointed by the jurisdictional and fact-finding Hon. Court under Civil Case No. 3035-M of CFI Bulacan in 1964.

   ( The team of President Gloria Macapagal Arroyo it is real biggest cyndicate of our land     intired philipines,even specially in Province of Rizal. They are the  team,  that we  called 

"Land grabber Government Cyndicate Organization or LANGRAGCO" with thier associate in the Philippine government agencies as follows:D.A.R., MMDA,Philippine Security Police Oficcer,(P.S.P.O.Camp crame,Quezon City(meaning to say they are as a protector paying under dog of

Unknown Chinese Land grabber big financier in Binondo manila),N.H.A.Pag ibig housing (under    management of Vice Pres.Noli de Castro and Mike Defensor.
                            
                                               please my dearest philippine countrymen,you may always beware these people under by Pres. Gloria Macagal Arroyo with specially Senator Manny Villar.
                                  
                                                       thank you very much and i hope you may understand.

                                                                             BY:J.P.RIZAL 2005/2009