SC asked to ignore Senate, DOJ reports on Maysilo

The Supreme Court has been asked to totally ignore the Senate and Department of Justice investigation findings on massive Maysilo Estate land titling irregularities.

A petition for mandamus was filed by Fidela R. Angeles, one of the "granddaughters" of the late Maria de la Concepcion Vidal, to compel the Secretary of Justice, the Land Registration Authority (LRA) administrator, and the registrars of deeds of Caloocan City and Quezon City to allow the issuance of titles as her share in the supposed Vidal estate in the long disposed of Maysilo Estate. The High Court first division recently accepted the case for consideration.

The Office of the Solicitor General (OSG), counsel for the justice department and LRA, will submit a memorandum to the Supreme Court first division which is handling the mandamus petition. The division is composed of Chief Justice Hilario C. Davide Jr., and Associate Justices Jose C. Vitug, Consuelo Ynares-Santiago, Antonio Carpio and Adolfo Azcuna.

But pending in the Court’s third division headed by Associate Justice Reynato S. Puno as chairman, are three consolidated – Manotok Realty Inc., et al, vs. CLT Realty Development Corp. AIA vs. Dimson, and Sto. Niño Kapitbahayan Association vs. CLT Realty Development Corp. These cases alleged massive Maysilo Estate titling irregularities, such as the true, correct and genuine OCT No. 994 with reference to the estate, and the spate of new dubious titles issued by the Caloocan registry of deeds overlapping titles to the same parcels of land previously registered in the names of other persons more than half a century ago.

Thus, the mandamus petition is closely related to the three consolidated cases. If it is granted, the decision would amount to a resolution of the consolidated cases which precisely bank on the findings of the Senate and DOJ on the Maysilo titling issues.

Carpio used to be a senior partner in the Carpio Villaraza & Cruz Law Office, with Carpio’s appointment to the High Court and that of Avelino Cruz as Malacañang legal official, the law office has been renamed Villaraza & Angangco Law Office. Another law partner was Simeon Marcelo, appointed by the President as Ombudsman. The law office is the long-time counsel of CLT Realty Development firm whose title, according to Senate and DOJ findings, was derived from fraudulent titles which overlapped previous titles. CLT’s title was also certified by the registry of deeds to have originated from mother title Original Certificate of Title no. 994 issued or registered on April 19, 1917 which, the Senate and DOJ said, was "non-existent, a fabrication."

Likewise cited as respondent is Vice President Teofisto Guingona who, as former Justice Secretary, created the composite fact-finding committee composed of representatives of th eLand Registration Authority, the Office of the Solicitor General, and the DOJ proper, which flushed out the details of the Maysilo titling scandal. The lawyer of Angeles is K.V. Faylona & Associates.

In 2000, implementing a DOJ directive, the LRA refused to allow the registrars of deeds to issue the titles to Angeles in the face of a firm DOJ and LRA policy against the issuance of dubious Maysilo Estate titles.

The policy was forged based on official reports of the DOJ and the Senate submitted, respectively in 1997 and 1998. Both reports stated that Maysilo Estate lands had long been disposed of to other parties more than half a century ago and that the alleged new titles ordered by a Caloocan court to be issued to the "heirs" would only overlap the titles previously issued to other persons in clear violation of law.

The Senate and the DOJ Reports concluded that there is only one Original Certificate of Title No. 994 which was issued by the Rizal registry of deeds on May 3, 1917. The LRA has since then taken custody of the original copy of OCT 994 for safekeeping to avoid loss, tampering and theft by landgrabbers in connivance with registry personnel.

But, even in the absence of a Supreme Court ruling on the mandamus case filed by the Fidela Angeles and her alleged co-heirs, Caloocan registrar of deeds Regulo Coloma issued last year at least 10 titles to the alleged Vidal heirs. The "new" titles were certified by Coloma as being direct transfers from "mother title" OCT 994 registered on April 19, 1917.