A retrospect

BAGUIO CITY (Dec. 21) — The officers and members of the Lobinders Association of residents in San Carlos Heights will have to spend the Christmas and New Year just like they did in the past waiting for their fate over the lands they are presently occupying.

It was on August 7, 1992 when the residents filed a petition with the office of the Solicitor General for the revival of an investigation of the then created 1986 special task force committee for a possible filing of a Reversion Proceedings Case by the Solicitor General pursuant to Section 101 of the Commonwealth Act No. 141 against the Original Certificate of Title (OCT) Nos. 0-97; 0-13; 0-67; 0-09; 0-47 and 0-108 due to fraud and misrepresentation attendant to the issuance of said titles by the Regional Trial Court(RTC), acting as Land Registration Court.

The Land Management Bureau (LMB) then required the petitioners to submit within 39 days sworn statements of at least two disinterested persons who have personal knowledge on the land issue in San Carlos Heights. The petitioners complied with the order and filed a formal petition on November 11, 1992 alleging that they are the rightful owners of that certain tract of land under OCT nos. 0-47 and 0-108 which were allegedly fraudulently issued through a Judicial proceedings in a reopening Civil Residential Case No. 1 GLRD Record No. 211.

LMB director Abelardo G. Palad formed a committee composed of lawyers and special land investigators to continue the investigation as to the veracity of the allegation in the petition on the said OCTs which were named under Celin Sobli, et al., and Joseph Gabol, et al. respectively and the offshoot titles there from. The committee formally conducted hearings from January 19, 1993 to June 16, 1993.

On June 22, 1993, the counsel of the petitioners submitted formal offer of evidence. The case slept for the next four years.

On October 16, 1997, the case was submitted to the Regional Executive Director of the Department of Environment and Natural Resources-Cordillera Administrative Region (DENR-CAR) in Baguio City for proper action by the Land Management Services, DENR-CAR as per its endorsement on Dec. 19, 1997.

On Feb. 4, 1998, DENR-CAR issued an order setting the case for a preliminary conference on Feb. 24, 1998. Series of proceedings and exchanges of formal offer of evidences and motions then followed. Uneasiness and worries came in to the minds of the petitioners as they continually received mysterious demolition orders from the City government and the Local Government Unit (LGU).

Through the years, all that the residents want is for the case in San Carlos Heights to be resolved and their fate is known. That whether or not OCT 0-47 and 0-108 were fraudulently issued; whether or not the RTC, acting as Land Registration Court acted without and in excess of jurisdiction and whether or not there is a valid reason to cause the cancellation of said OCT and its derivative titles. The case was endorsed to the office of the Solicitor General in Legaspi Village I Makati on May 31, 1998 to carry out proceedings for the cancellation.

On June 14, 2000, the office of the Solicitor General filed a civil case numbered 4735-R at the RTC Branch 3 for annulment of Title and Reversion against Erlinda Villanueva and Jaime Villanueva, Realty Development Corporation, Corazon S. Castro, Ricardo Enriquez, Teresita Galacgac, Aurelio Galacgac, Nicolas Zarate, Remedios Zarate Carolino, Luzviminda Anuran, Conrado Nano, Evelyn Sapuay and the Registry of Deeds of Baguio City.

In the case filed, the Sol Gen stated that the defendants have the competence to be sued and be served summons and other proceedings. The Registry of Deeds of Baguio is impleaded as a nominal party and may be served summons. The Sol Gen in its prayer said that the OCTs 0-47 and 0-108 be declared null and void basing it in a memorandum report based on the findings of the National Mapping and Information Authority (NAMRIA) signed by NAMRIA administrator Liberato A. Manuel. The report stated “the parcels of land covered by OCT 0-47 and 0-108 fall within the public forest of Baguio City based on map No. LC-1024 which was then certified on July 31, 1933 and in addition, the same areas fall inside the proposed Baguio Forest Reserve per Map No. FR-142 in their file.

The Sol Gen also commented that OCT 0-108 was originally registered in the Registry of deeds of Baguio on Feb. 11, 1965 pursuant to Decree No. 1024002 issued in LRC Civil Reservation Case No.1, record 211 and on the other hand, 0-47 was registered on Oct.11, 1960 pursuant to Decree No. N-80102. The Sol Gen said that it is clear that the parcels of land in question were part of the forest zone at the time subject titles were issued.

The prayer furthered the court to order the aforesaid defendants to surrender their respective “owners’ duplicate copies of title to the Registry of Deeds of Baguio and direct the latter to cancel the same as well as the originals. The Sol Gen also prayed the RTC to decree the reversion of the parcels of land covered by the said titles to the State for appropriate disposition in accordance with law and direct all defendants or any other person claiming under them to desist from exercising acts of ownership or possession over the disputed parcels of land.

Years passed by and countless hearings and proceedings over the case were done and the residents waited for slow developments. The petitioners attended the last hearing for the year 2005 on Dec 21, 2005 with all hopes that the case will turn in their favor. RTC branch 3 of the 1st Judicial Region Judge Pamintuan ordered the counsels of the petitioners and the defendants to submit and present formal offer of evidences and no hearings will not be required as it will depend on each presentation of evidence. # Aldwin Quitasol for NORDIS

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