Philippine lands
Sunday, August 31, 2014
Saturday, August 30, 2008
The Acopiado Chronicle
In my readings, I encountered the following article entitled "The Acopiado Chronicle" authored by a certain Daniel Frianeza and tells about the history of Philippines Lands. Hmmmm. Sounds interesting. Let me share it with you.
Throughout more than 300 years of Spanish reign, the Philippines was governed by rules originating from royal orders and royal decrees.
King Alfonso XII of Spain ordered the grant of the land title called the Titulo Possessorio de Terrenos on January 7, 1864, covering the whole Philippine archipelago to Don Hermogenes A. Rodriguez and Don Miguel A. Rodriguez. The original land title has been rectified by virtue of Royal Decree of 1891 known as Titulo Propiedad de Terrenos, Royal Degree 01-4° Protocol.
Likewise, there were also other Spanish land titles that have been issued, as well as the different forms of accessions under the Civil Code and special laws. Through the years, the said land titles were already and lawfully acquired by numerous religious orders, private individuals and other entities throughout the country.
The Spanish-American War and the Treaty of Paris
In 1898, after Spain lost in the Spanish-American War, the two nations signed the Treaty of Paris, which ceded the Philippines to the United States. The Treaty mandated all government institutions to respect land ownership in the country. However, prior to the establishment of the Second Philippine Commission in 1902, the government never had a real estate property.
In December 1903, the government purchased the “Friar Lands”—which totaled 423,000 acres (roughly 171,315 hectares) belonging to the Augustinian, Franciscan, Dominican, and Recollect orders—for $7,237,000 .
In the early days of the American Occupation era, the Titulo Propiedad de Terrenos, Royal Degree 01-4° Protocol was transformed to Original Certificate of Title 01-4° or OCT 01-4. This was a conclusive indication that the Titulo possessed the criteria of a surveyed land; the principal requirement set forth by the Land Registration Act 496 of 1902.
On October 14, 1913, Don Hermogenes A. Rodriguez and Don Miguel A. Rodriguez sold their entire property by way of absolute sale in favor of Don Gregorio Madrigal Acopiado, and Doña Maria Camella Sarmento Madrigal.
On March 14, 1914, the said property had been revalidated as required by Republic Act 2259 or Cadastral Proceedings of February 11, 1913 and it construed as Torrens title forever and found no errors by the Cadastral Court in favor of Don Gregorio Madrigal Acopiado.
In 1898, after Spain lost in the Spanish-American War, the two nations signed the Treaty of Paris, which ceded the Philippines to the United States. The Treaty mandated all government institutions to respect land ownership in the country. However, prior to the establishment of the Second Philippine Commission in 1902, the government never had a real estate property.
In December 1903, the government purchased the “Friar Lands”—which totaled 423,000 acres (roughly 171,315 hectares) belonging to the Augustinian, Franciscan, Dominican, and Recollect orders—for $7,237,000 .
In the early days of the American Occupation era, the Titulo Propiedad de Terrenos, Royal Degree 01-4° Protocol was transformed to Original Certificate of Title 01-4° or OCT 01-4. This was a conclusive indication that the Titulo possessed the criteria of a surveyed land; the principal requirement set forth by the Land Registration Act 496 of 1902.
On October 14, 1913, Don Hermogenes A. Rodriguez and Don Miguel A. Rodriguez sold their entire property by way of absolute sale in favor of Don Gregorio Madrigal Acopiado, and Doña Maria Camella Sarmento Madrigal.
On March 14, 1914, the said property had been revalidated as required by Republic Act 2259 or Cadastral Proceedings of February 11, 1913 and it construed as Torrens title forever and found no errors by the Cadastral Court in favor of Don Gregorio Madrigal Acopiado.
Unlawful Acts
On September 9, 1955, upon the creation of the Land Tenure Administration under Republic Act No. 1400, several unlawful acts were initiated in connivance with the key government officials and their cohorts in the indirect selling of lands to some real estate developers and squatters.
On July 14, 1964, the court had declared that all OCTs numbered from 01 to 100, 000 null and void, by virtue of the petition filed by the Republic of the Philippines. From this, the petitioner, the Republic of the Philippines acquired its rights over the lands under the principles of public domain, alleging that Don Gregorio Madrigal Acopiado has no surviving heirs, so, therefore, under the law, the big tract of lands should be reverted to the national government.
Throughout the years and under various Presidents (from Diosdado Macapagal to Ferdinand E. Marcos), there were numerous issues raised that caused the Acopiado case, LRC/Civil Case No. 3957-P to drag on and on until 1972.
On February 4, 1972, a Decision with Compromise Agreement was issued by the late Hon. Enrique A. Agana, CFI Judge, Branch 28, Pasay City and becomes Final and Executory on April 4, 1972.
On September 9, 1955, upon the creation of the Land Tenure Administration under Republic Act No. 1400, several unlawful acts were initiated in connivance with the key government officials and their cohorts in the indirect selling of lands to some real estate developers and squatters.
On July 14, 1964, the court had declared that all OCTs numbered from 01 to 100, 000 null and void, by virtue of the petition filed by the Republic of the Philippines. From this, the petitioner, the Republic of the Philippines acquired its rights over the lands under the principles of public domain, alleging that Don Gregorio Madrigal Acopiado has no surviving heirs, so, therefore, under the law, the big tract of lands should be reverted to the national government.
Throughout the years and under various Presidents (from Diosdado Macapagal to Ferdinand E. Marcos), there were numerous issues raised that caused the Acopiado case, LRC/Civil Case No. 3957-P to drag on and on until 1972.
On February 4, 1972, a Decision with Compromise Agreement was issued by the late Hon. Enrique A. Agana, CFI Judge, Branch 28, Pasay City and becomes Final and Executory on April 4, 1972.
The Decision With Compromise Agreement
The Decision With Compromise Agreement is the defining document between the government and Don Anacleto M. Acopiado. Acopiado to settle once and for all the issue of ownership over the land covered by the land title OCT No. 01-4°. The Decision also includes agreements on matter on the conservation of parks, hospitals and military camps, environmental activities, and land reform.
During his term, President Marcos made arrangements with Don Anacleto Madrigal Acopiado regarding the latter’s four land titles. The titles were used for the processing of a loan intended for the government’s development projects and for Marcos’s Land Reform Program and the MASAGANA 99. Despite this support, the efforts of the Marcos Administration to manipulate the control over the subject land were persistent and unending.
Land claimant Wilson Orfinada -- hired with the blessings of Malacañang -- filed a complaint against fictitious Rodriguezes (who were also hired by the same group) to justify claims of ownership over the land in dispute. Eventually, Martial Law was declared and the Writ of Habeas Corpus was suspended, directly influencing the proceedings of the court under Civil Case No. 3957-P. The Acopiado case dragged on, delayed further even during President Cory Aquino’s revolutionary government.
Based on court records, the intervenors tolerated the long period of time before its Motion for Reconsideration had been ruled by the courts. The Motion was long delayed by more than 13 years, attributed to delaying tactics seeking to defeat the motion of the intervenors for the issuance of Third Alias Writ of Execution, Possession and Demolition which was eventually rendered by Hon. RTC Judge, Sofronio C. Sayo on May 28, 1989.
On January 18, 1992, the Pasay City Hall was burned, allegedly part of the plans of claimant Julian M. Tallano’s and his cohorts’ grim plan. Claimants of OCT 01-4, Tallano (Tallano-Acop) and the heirs of Rodriguez came up with a hilarious, ridiculous claim that all lands covered therein by OCT 01-4 allegedly belong to them. In 2005, the Tallanos’ attempt to claim the land was again thwarted by the courts.
The Acopiado Estate’s Crusade: Land for the Landless
The noble objective of the heirs of the Acopiados has been consistent: to render charitable services to the public by distributing the lands, particularly among indigent families, in accordance with court orders, and not to amass wealth, but to serve their fellowmen socially, financially, morally and legally.
With this vision, the Acopiado Estate was established, with Daniel B. Frianeza as Executive Administrator.
According to Frianeza, “if the government is really serious about solving the land problem and leave a legacy to the people, it should push for the cancellation of all titles derived from fake, fictitious and fraudulent land titles.
The Acopiado Estate believes that in the long run, this will help bring about political stability. Improvement in the People’s Socioeconomic Situation. After achieving political stability, socio-economic stability follows and ultimately social amelioration ensues. Business in the country will flourish and more economic opportunities multiply. This will also bring about an Increase in Revenues for the Government. As a consequence of legally issuing titles to subject lands, the government will directly benefit from it through increase in revenues in the form of taxes and fees. The local and national government will increase in revenue generation through this scheme.
Urban poverty and the massive exodus of folks from the provinces to the cities will be resolved.
In sum, the Acopiados’ plans are among the effective ways to lessen poverty—the main root of insurrection that continues to be a malignant cancer to our society, an obstruction to the sustainable economic development of our nation.
Labels: land, land titles, Spanish land titles