BACKGROUNDER OF THE BOOK: PHILIPPINES FLOODED BY FAKE LAND TITLES

Author:  Daniel B. Frianeza

The truth always comes to light and it always prevails. Many such truths simply reveal themselves without anyone exerting any effort to unfold them. In many cases, however, the truth is deliberately concealed and obliterated that it takes more than hard work to uncover it. A criminal can get away with his monstrosity and remain undiscovered for a long time. Such acts must be exposed and the perpetrator must be punished.        

Almost all Filipinos knew of being a Filipino because he was born and raised in the Philippines.

Almost all Filipinos knew that the Philippines was named after King Philip II.

Almost all Filipinos knew that the Philippines is an archipelago.

But, the sad thing creating an emptiness in today’s supposed observable fact is: How and why those diverse tribes, islands and islets became a nation -  a sovereign country?

Our historical researches at the time of colonization have revealed that when the Spaniards came, the Philippines was just a “nameless archipelago,” a “geographical expression.”  The complicatedness of protecting the scattered islands and islets from foreign invasion and taking it away from the rest of the archipelago, King Philip II of Spain named or titled the entire archipelago after his name: The Yslas Philipinas. This title or ownership binds the more than 7,000 islands and islets into a single sovereignty in order to secure them from being taken by other powerful colonizers such as Dutch, British, Mexican and Portuguese. If the King did not act upon this rational activity, probably, what remains are only few islands and islets, hence, there is no such thing as Philippine archipelago.

For more than three centuries the King of Spain granted different kinds of Royal Concessions (Spanish titles).  Royal Concessions may be accomplished in varied forms, such as:  Titulo Real (Royal Grant), Titulo de Composicion con el Estado (Adjustment Title), Titulo de Concession Especial (Special Grant), Titulo de Compra (Title by Purchase), Titulo de Composicion  (Kind of Legal Compromise),  Informacion Posesoria (Actual Public and Adverse Possession of a Land). The holders of such title registered their name under Cuaderno Supletorio del Registro de Anotaciones de Titulos de Propiedad de Terrenos Espedidos por la Direccion General Administracion Civil of 1891- the primary entry book utilized by the Spanish government. 

There were also different forms of accessions under the Civil Code and special laws. Among these is the Titulo de Propiedad de Terrenos of 1891, Royal Degree 01-4 Protocol. This was an Honorary Decree - granting the title, which covers the entire archipelago to the fourth degree relative of Don Esteban Rodriguez de Figueroa – a cousin of King Philip II, who rendered eminence and victory in Kings name, the PARAMOUNT TITLE of them all.

From the above-cited facts, it is better to interpret that Titulo de Propiedad de Terrenos, Royal Degree 01-4 Protocol although covering the entire archipelago does not necessarily mean that the person who had named to said title owned the entirety of the Philippine Islands. Indeed, there were other titles granted to individuals, corporations, and religious organizations commonly known as the Friar Lands, namely: The Franciscan, Dominican, Augustinian and Recollect Orders - clear evidence of valid land ownership which has been granted by the King of Spain since the time of colonization.

Thus, it would be foolish to conclude that all the islands belong to Hermogenes and Miguel Rodriguez as what the alleged heirs of Rodriguezes as well as Tallano’s were claiming. This claim, but obviously twisted information is a sweeping and unfair generalization being refuted by the Maharlikans group managing the Acopiado Estate.

The Spanish title, Titulo Propiedad de Terrenos, Royal Degree 01-4 Protocol was rectified to OCT 01-4 and became an indefeasible title under Torrens system when it was validated by the Land Registration Court, and was registered under the Land Registration Act 496 upon its approval and issuance of its Decree 297 on October 3, 1904 and October 7, 1910. The Second Philippine Commission adopted the Torrens system on February 1, 1903.

In Article I, Section I of the 1973 Philippine Constitution, the national territory of the Philippine Archipelago was clearly defined as follows: “The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic right or legal title…”  

Our First Philippine republic was not recognized by the family of nations. It existed from January 23, 1899 to March 3, 1901.  In other words, the Republic was short-lived because the family of nations did not recognize it, and its independence was cut short by the superior might of a new colonial power, therefore, it can be figured out that during Spanish time and even in American era, the Philippine government never had a chance -- or was too late -- to acquire vast tracts of land under its name.  WHY IS, THE PHILIPPINE GOVERNMENT NOW CLAIMING THE OWNERSHIP OF THE ENTIRE ARCHIPELAGO? The government should then provide convincing sequential historical facts or events to support its ownership to the huge tracts of land.  That is why, in Article I, Section I of the 1973 Philippine Constitution, the phrase “belonging to the Philippines by historic right or legal title” does not suggest that the enormous lands belong to the Philippine government.  

Furthermore, OCT 01-4 is the only title acknowledged by the government covering the whole archipelago as stated by former DOJ Secretary Salvador Mariño before the Senate Blue Ribbon Committee which was cited in page 71 of the Decision with Compromise Agreement between Don Anacleto M. Acopiado and the Republic of the Philippines under LRC/Civil Case 3957-P. The government, to quiet titles from OCT 01 to 100,000 in the said case utilized OCT 01-4.

From the foregoing in-depth research shows that OCT 01-4 is the only title with historic right or probative origin, which represents the Philippine Archipelago.

This is the main reason why former President Ferdinand E. Marcos borrowed Titulo Propiedad de Terrenos, Royal Degree 01-4 Protocol on February 23, 1976 to strengthen our claim over Sabah and Kalayaan islands. Hence, declaring Presidential Decree 1143 on May 28, 1977 stating in Section 8 that the title to represent the Philippine archipelago is Titulo Propiedad de Terrenos of 1891, Royal Degree 01-4 Protocol.

The disastrous misinterpretation pertaining to the fakeness of OCT 01-4 is a direct challenge to Article I, Section I of the 1973 Philippine Constitution as well as swaying the Philippine history into distortion. As a result, only manifests the following: 1) He does not believe that the Philippines was colonized by Spain, 2) He does not believe in Christianity, 3) There is no country known as “Philippine Islands”, and as a consequence, 4) There’s no such thing as Filipino.  

In truth, since most Filipinos are not aware of these concealed historical events, the land grabbers in connivance with the corrupted government offices like the Land Registration Administration, the DENR and the Register of Deeds masqueraded to it and thus became effective strategy in issuing fake land titles.  Consequently, the premeditated trick that gave rise to the fraud made us an easy prey to the land grabbers.   

The massive issuance of titles even without probative origin resulted in the flooding of fake land titles named to illegitimate landowners all over the country. These fake land titles had been acknowledged and considered as valid titles most often time by the court. To enumerate few were the titles covering the whole of Quezon City, the Marikina City, the BCDA and MIAA’s titles. As a result, many of our countrymen even holding land titles, but if it has no probative origin, may unknowingly be squatters in our own land. 

The doctrine stated that:  “Private ownership in land can be founded on Royal concessions.”

Wherein:  “The 1935 Constitution of the Philippines, 1973 Constitution of the Philippines, and the 1987 Constitution of the Philippines adopted the universal feudal theory that all lands belong to the crown…”   

Also, the High Court ruled that:  “For it is well-settled that, unless the applicant has shown by clear and convincing evidence that the property in question was ever acquired by the applicant or his ancestors either by composition title from the Spanish government or by possessory information title, or any other means for the acquisition of public lands, the property must be held to be part of public domain.” 

More often than not, judges have made mistakes of upholding these OCTs and/or their TCTs in their decision against a valid title of probative origin, which did not conform to Article VIII, Section 14 of the 1986 Constitution, to quote:

                “No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.”

These are just few examples of clandestine manipulations, which resulted in today’s complications afflicting not only the Supreme Court but also the entire judiciary. Sustaining the validity of these titles without probative origin would entirely sabotage the credibility and stability of the Torrens system of land titling in our country. This is now the serious problem confronting the lawful owners that should be outrightly resolved: The seizure of their property, which was unlawfully registered to another person.

This is a warning call to everybody, because if this evil and premeditated undertaking is not prevented, only justifies that, we, Filipinos, had voluntarily given ourselves to suffer our sad plight induced by a rotten system – a merciless victim of a cancerous society. Thus, it clearly depicts the sign of no hope, expecting for the worst tomorrow.

This book will lead us towards an appropriate solution, and will serve as an eye opener to million Filipinos awaiting an answer to the realization they are longing for in their dreams, and that is:  To acquire a genuine titled piece of land.

This book also provides basic useful and concrete foundations in resolving the confusion created by the concealed corruption, manipulation and falsification of vital facts in land titling history particularly that fabrication/falsification introduced Julian Morden Tallano. Tallano corrupted Acopiados manuscripts in the revival of long settled case utilizing the original LRC/Civil Case No. 3957-P in his highly questionable Petitions for Reconstitution dated June 27, 1997 and April 19, 2001.  The Preliminary Injunction was promulgated by the Court of Appeals on June 25, 2002 in CA-G.R. No. 70014 against the issuance of the three court orders by RTC Judge Ernesto Reyes became permanent.  The said court orders paved way for the highly questionable documents of Tallano issued by RTC Judge Ernesto Reyes became permanent on December 11, 2009.  The Petitions for Reconstitutions and court proceedings was vividly clarified in this book titled “Injunction - Pertains to Tallano”.

The 1-hour video documentary “OCT 01-4: Monumental Fakery or Monumental Title?”  chronicles the hidden History of the Philippine archipelago pertaining to the original and lawful owners of the land. 

Hopefully, this book provides valuable reference on the judiciary and eases the burden of drowning in the enormous workload resolving oceans of land conflicts.

LET US SAVE OUR NATION FROM THE FLOODING OF FAKE LAND TITLES!!!

LET US WAGE WAR AGAINST FAKE TITLES, TITLERS & LAND GRABBERS!!!