High Court ends 20-year battle over disputed property

High Court ends 20-year battle over disputed property
THE Supreme Court (SC) affirmed with finality on Thursday its earlier decision that forfeited in favor of the government a 34-hectare portion of the Piedad estate in Quezon City after private claimants failed to prove their ownership over the prime property.

Covered by Lot 823, the Piedad estate is a friar land nestled in the barrios of Capitol Hills, Old Balara, Culiat and the posh Ayala Heights in Quezon City, with a market value pegged at P4 billion. Claiming ownership of the land were the heirs of Severino Manotok IV and those of Homer Barque and Felicitas Manahan.
The land dispute was spawned by a fire in June 1988 that gutted the office of the Register of Deeds in Quezon City, prompting the Manotoks to apply for the administrative reconstitution of the titles.

In a 32-page resolution penned by Associate Justice Martin Villarama Jr., the Court en banc junked the separate motions for reconsideration filed by claimants, putting an end to the 20 years of legal battle over the parcels of land.

The majority ruling upheld the recommendations made by the Court of Appeals (CA) that declared the Manotok’s title as null and void, while the subject property is still part of the property of the government.
On the other hand, the SC ruled that the Barque’s claim of ownership was anchored on fake and spurious documents.

The CA earlier said that none of the parties were able to prove a valid acquisition of Lot 823 of the Piedad estate from the government in accordance with the provisions of Act 1120, or the “Friar Lands Act.”

Due to the “serious flaws” in the title produced by Severino Manotok that were brought to light during the reconstitution proceedings, the CA deemed it proper to give all the parties full opportunity to present more evidence, and in particular, for the Manotoks to prove their presumed just title over the property, which is also claimed by the Barques and the Manahans.

“As it turned out, none of the parties were able to establish by clear and convincing evidence a valid alienation from the government of the subject friar land. The declaration of ownership in favor of the government was but the logical consequence of such finding,” the SC ruled.

The High Court further noted that the Manotoks failed to prove the existence of sale certificate in the records of the Department of Environment and Natural Resources-Land Management Bureau (DENR LMB).

Likewise, the SC noted that the approval of the then Secretary of Agriculture and Commerce as required by Section 18 of the Act 112 is lacking in the deed of conveyances of the Manotoks. This provision states that: “No lease or sale made by the Chief of the Bureau of Public Lands under the provisions of this Act shall be valid until approved by the Secretary of the Interior.”

“We, thus held that no legal right over the subject friar land can be recognized in favor of the Manotoks… in the absence of the certificate of sale duly signed by the Director of Lands and approved by the Secretary of Agriculture and Natural Resources,” the Court ruled.

Concurring with the ruling were Chief Justice Renato Corona and Associate Justices Teresita Leonardo-De Castro, Diosdado Peralta, Mariano del Castillo, Jose Portugal Perez, Lucas Bersamin, and Jose Catral Mendoza.

Associate Justice Antonio Carpio wrote a dissenting opinion, which Justices Maria Lourdes Sereno, Presbitero Velasco Jr., Arturo Brion, Roberto Abad, Bienvenido Reyes, and Esterla Perlas-Bernabe agreed in.

Records showed that the Philippine government acquired Lot 823 from the Philippine Sugar Estates Development Company Ltd., La Sociedad Agricola de Ultramar, the British Manila Estate Company Ltd., and the Recoleto Order of the Philippine Islands on December 23, 1903.

The Piedad estate has been titled in the name of the government under Original Certificate of Title (OCT) 614 and was placed under the administration of the Director of Lands.

The Barques had filed a petition with the Land Registration Authority for administrative reconstitution of the original Transfer Certificate of Title (OCT) 210177 covering 342,945 square meters of two parcels of land as part of Lot 823 of the Piedad estate issued in the name of Homer Barque.

Upon learning of the Barques’ petition, the Manotoks filed their opposition and insisted that the property belongs to them.

The SC, in its ruling dated December 18, 2008, reversed the decision issued by the First Division on May 2006 that cancelled the land title of the Manotoks over the property.

It remanded the case to the CA for the purpose of receiving evidence determine the validity of the transfer certificate titles of the Manotoks and other claimants represented by the heirs of Barque and Manahan.

Based on the recommendations of the CA, the identified owner of the Piedad estate should be the “Gobierno de las Islas Filipinas,” thus, both the Manotoks and the Barques failed to prove by convincing evidence their acquisition of their titles. (JCV/Sunnex)

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Quiet place for rest and relaxation near Manila, in Subic, Angeles City Pampanga and Clark Philippines is something that residents of Manila travelling to the north for a short getaway are looking for. Clark is already a popular destination for golfers from Manila. Clark Freeport offers some of the best golf courses in Pampanga and outshines many golf clubs and golf courses elsewhere in the Philippines. Clark Pampanga offers many good resorts and hotels for a short trip out of Manila, and Clearwater is one of the best places to relax and unwind for a weekend getaway or a short holiday in Pampanga.

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Free internet WIFI access is offered to guests of this famous hotel in Clark Pampanga. Guests can even connect to Internet WIFI service near the white sand beach, by the famous lake of Clark or in any of the picnic grounds around this resort. This hotel in Clark Philippines is generally considered by Manila residents to be a good place for family trips in Pampanga.

Highly recommended summer vacation destination outside Manila is Clearwater Beach Resort in Clark, a safe and convenient tourist spot that offers natural ambience for visitors to enjoy the outdoors with no stress. Private resort is frequently visited during Holy Week and Easter Holidays for residents of Manila travelling out of town on getaway to the north to unwind and relax in outdoor resort.

For reservations, comments and inquiries,

Clearwater Resort & Country Club
Creekside Road corner of Centennial Road,
Central Business District, Clark Freeport Zone,
Pampanga, Philippines 2023

Tel: (045)599-5949 0917-520-4403 0922-870-5177

Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay

http://www.ClearwaterPhilippines.com

Email: Inquiry@ClearwaterPhilippines.com

Getting to this hotel in Clark Philippines
After entering Clark Freeport from Subic, Manila, Dau and Angeles City, proceed straight along Clark’s main highway MA Roxas, passing Clark’s largest wine shop called Clark Wine Center on your right, continue to bear right making no turns at all, go past Mimosa Leisure Estate on the opposite side of the road, you will hit a major intersection. Go straight and the road becomes Creekside Road. YATS Clearwater Resort and Country Club is on your right just 200m down. Traffic in Clark Philippines is light so it should be quite easy for get to this hotel in Clark Philippines.

For inquiries and bookings, Youmay click here to contact Clearwater Resort for inquiries and reservations

Wedding couples looking for wedding reception venues and beach wedding venues can log on to this Philippines Wedding Venue web site for free information and assistance:

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While in Clark, it might be a good idea to enjoy an evening of wine-and-dine in the fine dining Yats Restaurant and Wine Bar that features an award winning 2700-line wine list. It is located in Mimosa Leisure Estate of Clark Freeport Zone. For more information, visit http://www.YatsRestaurant.com

YATS Leisure Philippines is a developer and operator of clubs, resorts and high-class restaurants and wine shops in Clark Angeles Philippines http://www.YatsLeisure.com

While in Clark, one might as well add to the itinerary a visit to the famous Clark Wine Center, the largest wine shop in Philippines which offers over 2000 selections of fine vintage wine from all wine regions, vintages spanning over 50 years covering all price ranges.
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Looking for famous tourists spots, places to visit and see, relax and unwind in Clark, Pampanga, Philippines? You may want to check out these sites also:

http://www.LondonPubClark.com

http://www.HotelClarkPhilippines.com

http://www.ClarkPhilippines.com

http://www.YatsWineCellars.com

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