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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
 Sheet Music
FIRST JUDICIAL REGION
BRANCH ______ 
BAGUIO CITY

REPUBLIC OF THE
PHILIPPINES,
represented by the Department
of 
Environment and Natural
Resou
esourrces
ces (DEN
(DENR)
R),, CoCord
rdil
ille
lera
ra
Administrative Region,
Plaintiff,

-versus- CIVIL CASE NO. ___


FOR: ANNULMENT O
 TITLE AND REVERSIO

PEDRO P. ISICAN,
CARMELING P. CRISOLOGO,
CRISOLOGO,
SPOUSES JULIO F. PARAYNO
III and RACHEL ANN A.
PARAYNO, and the
REG
RE GISTR
ISTRAR
AR OF DEEEEDS
DS OF
BAGUIO CITY,

Defendants.
x----------------------------------------x

COMPLAINT

PLAINTIFF REPUBLIC OF THE PHILIPPINES, by counsel

respectfully states:

1. Plai
Plaint
ntif
ifff is a sove
soverreign
ign enti
entitty to who
whom
m all
all land
lands
s o

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the public
public domain
domain belong
belong.. It maybe ser
served
Useful ved with
with judici
Not useful judici

processes through the Office of the Solicitor General (OSG


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2. Defendant Pedro P. Isican is of legal age, w

 Sheet Music
capacity to be sued, and is a resident of 140 Crystal Cave

Baguio City where he may be served with summons and

other judicial processes.

3. Defe
efendan
ndantt Ca
Carm
rme
eling
ling P.
P. Cr
Criisol
sologo
ogo is of leg
legal ag

widow, with capacity to be sued, and is a resident of Vigan

Ilocos Sur, where she may be served with summons and

other judicial processes.

4. Defe
efendan
ndantt spous
spouses
es Juli
Julio
o F. Par
aray
ayno
no III
III and
and Rache
ache

Ann A. Parayno are both of legal age, with capacity to be

sued, and residents of No. 94 Bayaoas, Urdaneta City where

they
they may be serve
rved with summ
ummons
ons and
and othe
otherr jud
judic

processes.

5. Defendant Registrar of Deeds of Baguio City

impleaded as a nominal party, being the officer tasked with

the duty of registering decrees and issuing t

corresponding certificates of title over lands in Baguio City

He may be serve
rved with summons and othe
otherr judi
udic

processes at his office in Baguio City Hall, Baguio City.

6. On May 21, 1965, Kosen Piraso, Samay Piras

Cotileng Piraso and Martina Piraso Sign


filed a petition for
up to vote on this title
 the

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reopening of Civil Reservation Case No. 1, LRC Rec. No. 211
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the
the issua
ssuanc
nce
e in thei
heir favo
favorr title
itle ove
over a par
arce
cell of lan

 Sheet Music
design
designate
ated
d as LRC-S
LRC-SWO-61
WO-6132
32 (Lots
(Lots 140 and 141,
141, Baguio
Baguio

Cadastre), consisting of Two Hundred Ninety Thousand Two

Hundre
Hundred
d Eighty
Eighty--Three
Three (290,2
(290,283
83)) square
square meters
meters,, more
more

less, situated in Baguio City. 1

7. Daisy
aisy Pac
Pacno
nos
s file
filed
d an opp
opposi
osition
tion to the
the afor
afore
esa

peti
petiti
tio
on and
and pra
raye
yed
d that
hat she
she be all
allowed
owed to intr
ntroduc
oduc

evid
eviden
ence
ce to prov
prove
e her
her alle
allege
ged
d righ
rightt to regis
egistr
trat
atio
ion
n of

portion of the subject land, consisting an area of Twenty

Eigh
Eightt Thou
Thousa
sand
nd Two Hund
Hundrred Fifte
ifteen
en Point
oint Fifty
ifty--Tw

(28,215.52) square meters. 2

8. On Jan
Janua
uary
ry 26,
26, 196
1967,
7, the
the Fir
First
st Ass
Assis
ista
tant
nt Cit
City
y Fis
Fisca
ca

of Baguio City, on behalf of all government agencies, filed a

moti
motion
on to dism
dismis
iss
s the main
main peti
petiti
tion
on and
and othe
otherr re
rela
late
te

petitions.3

9. In its Order dated July 13, 1967, the trial cou

denied
denied the aforesa
aforesaid
id motion
motion to dismis
dismiss.
s. Consequentl
Consequently,
y, on

Octo
Octob
ber 7, 1967
1967,, the
the trial
rial cour
courtt rende
ndered its
its assa
assail
il

decision decreeing the registration of a portion of the land

(28,215.52 square meters of Lot No. 140, Baguio Cadastre)

subje
subject
ct matt
matter
er of the
the Pira
Piraso
sos'
s' peti
petiti
tion
on,, in favo favorr ofDa
Sign up to vote on this title
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1 Republic of the
the Philippines vs. Marcos, et
et al., 29 SCRA
SCRA 517 (1969); A copy
copy of which is hereto attache
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Pacnos.4

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10.
10. On Augus
Augustt 2, 1968,
1968, Albi
Albino
no Rey
Reyes
es file
filed
d an ex-pa
ex-part
rt

moti
motion
on for
for the
the issu
issuanc
ance
e of a decr
decree
ee in his favo
favor,
r, havi
havi

prev
previo
ious
usly
ly mani
manife
fest
sted
ed befo
beforre the
the tria
triall cour
courtt that
that Dais
Dais

Pacnos had transferred her right over the subject property to

him. On the same day,


day, the trial court
court directe
directed
d the issuance
issuance

of a decree in favor of Albino Reyes. 5 Thus, Decree No

1218
121820
20 was issue
issued
d in favor
favor of Albin
Albino
o Reyes
eyes,, marr
marrie
ied
d

Isabel Santamaria, resident of Dagupan City, Philippines.

11. Consequently, on October 7, 1967, Origin

Certificate of Title (OCT) No. 0-235 was issued by the Acting

Commissioner of Land Registration in favor of Albino Reyes

conformably with Decree No. 121020.6

12.
12. On Oct
Octobe
ober 18, 1968
968, the Offi
Offic
ce of the Solic
Soliciit

General (OSG), representing the Republic of the Philippines

file
filed
d a peti
petiti
tion
on for
for cer
erttiora
iorari
ri and
and proh
prohib
ibiition
tion with
ith th

Supr
Suprem
eme
e Co
Cour
urtt chal
challe
leng
ngin
ing
g the
the ruli
ruling
ng of the
the tria
triall cour
cour

denying
denying its motion to dismiss
dismiss the case below
below.. The petition
petition

was docketed as G.R. No. L-29675. 7

13.
13. On Nove
Novemb
mber
er 8,
8, 1968
1968,, the OSG
OSG file
filed
d a motio
motion
n fo

leav
leave
e to amen
amend
d the
the pet
petitio
ition,
n, alle
allegi
ging
ng that that the the subj
Sign up to vote on this title
su
 bjec
ec
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property, over which Daisy Pacnos succeeded in obtaining a
4 ibid.
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favo
favora
rabl
ble
e judg
judgme
ment
nt of regis
egistr
trat
atio
ion,
n, was
was tran
transf
sfer
errred

 Sheet Music
Augu
ugust 16, 1968 to Arturo Tongs
ngson. The propos

amendment consisted of Arturo Tongson's


Tongson's inclusion as one

the
the resp
esponde
ondent
nts
s. The
The said
aid moti
otion was gra
rant
nted
ed by th

Supreme Court.8

14. In its Decision promulgated on September 3

1969
1969,, the
the Supr
Suprem
eme
e Co
Cour
urtt En Banc
Banc gran
grante
ted
d the
the OSG'
OSG'

petition, the dispositive portion of which reads: 9

WHEREFORE, the writ of certiorari is granted annulling and


setting aside the order of respondent
respondent Judge of July 13, 1967,
denying the motion to dismiss dated January 26, 1967 filed
by the City Fiscal of Baguio City in behalf of oppositors-
government agencies; his decisi
government decision,
on, dated
dated Octobe
October r 7,
1967, decreeing the registration of a parcel of land
with an area of 28,215.58 square meters within Lot
140, Baguio Cadastre, or within the so-called “U.S.
Fleet Naval Reservation Center” in favor of 
respondent Daisy Pacnos; his order of August 2, 1968
which in effect denied the motion to annul decision dated
February 9, 1968 filed by the Solicitor General, and instead
orde
ordereredd the
the issu
issuan
ancece of a decr
decree ee over
over the the same
same
parcel land in favor of respondent Albino Reyes ; and
his
his orde
order,r, dated
dated Augu
Augustst 24, 1968
1968 allo
allowin
wing g respo
responde
ndents
nts
Kosen
osen Piraso,
iraso, et al.,
al., to adduc
adduce
e their
their eviden
evidence ce of allege
alleged
d
owne
ownersh
rship.
ip. The
The wrwrit
it of proh
prohibi
ibitio
tion
n is likewi
likewise
se granted
granted
perpetually restraining respondent Judge from further taking
cogn
cogniz
izan
ancece and
and furt
furthe
herr assu
assumi
ming
ng juri
jurisd
sdic
icti
tion
on over
over the
the
reopening of Civil Reservation Case No. 1 LRC Rec. No. 211
as sought
sought by the privat
privatee respo
respond
nden
ents.
ts. TheThe preli
prelimin
minar
ary
y
injunct
injunction
ion issued
issued is hereby
hereby made perman
permanent.
ent. With
With costs
10
against private respondents.

15.
15. On Decem
Decembe
berr 22,
22, 1977
1977,, then
th en Pres
Presid iden
entt Ferd inand
Ferdinand
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E. Ma
Marc
rcos
os issu
issued
ed Pres
Presid
iden
enti
tial
al Decr
Decree
ee (P.D
(P.D.)
.) No.
No. 12
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similarly nullifying the decrees of registration and certificates

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of title covering lands within the Baguio Towns

Reservation in Civil Registration Case No. 1, GLRO Record

No. 211 but considering as valid certain titles to such lands

that are alienable and disposable under certain conditions.

16.
16. P.D.
.D. No.
No. 1271
1271 was issu
issued
ed to enab
enable
le thous
thousan
ands
ds o

innocent holders of titles who, before the promulgation o

the
the afor
afores
esai
aid
d Supr
Suprem
eme
e Co
Court
urt deci
decisi
sion
on had
had acte
acted
d in go

faith and relied, although mistakenly, on the indefeasibility

of torr
torren
ens
s cert
certif
ific
icat
ates
es of titl
titles
es and
and who
who had
had intr
introd
oduc
uc

subs
substa
tant
ntia
iall impr
improv
ovem
emen
ents
ts on the
the land
lands
s cove
coverred by th

certificates. Section 1 of P.D. No. 1271 reads:

Section 1. All orders and decisions issued by the


Cou
Co urt of First
irst Inst
Insta
ance of BagBaguio and Beng
enguet in
connection with the proceedings for the reopening of Civil
Reservation Case No. 1, GLRO Record No. 211, covering
lands within the Baguio Townsite Reservation, and
decreeing such lands in favor of private individuals
or entities, are hereby declared null and void and without
force and effect; PROVIDED, HOWEVER, that all certificates
of titles issued on or befor
before e July
July 31, 1973
1973 shall
shall be
considered valid and lands covered by them shall be
deemed to have been conveyed in fee simple to the
registered owners upon a showing of, and compliance
with, the following conditions:

a. The lan
lands cov
covered by the
the tit
titles are
are not
not wit
within
any government, public or quasi-public reservation, forest,
mili
milita
tary
ry or othe
otherw
rwis
ise,
e, as cert
certif
ifie
ied
d by apprapprop
opri
riat
atin
ing
g
government agencies;

Sign up to vote on this title
b. Payment by the prese nt Useful
title h
olNot
deuseful
r to the
Republi
epublic
c of the Phili
Philippi
ppines
nes of an amou
amount nt equiv
equivale
alent
nt to
fifteen per centum (15%) of the assessed value of the land
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 Documents the
the effe
effect
ctiv
ivit
ity
y of this
this Decr
Decree
ee,, the
the hold
holder
erss of the
the titl
titles
es
affected shall manifest their desire to avail of the benefits
 Sheet Music of this provision and shall pay ten per centum (10%) of the
above amount and the balance in two equal installments,
the first installment to be paid within the first year of the
effectivity of this Decree and the second installment within
a year thereafter.

17.
17. To impl
implem
emen
entt the
the afor
afores
esai
aid
d decr
decree
ee,, the
the Bagu
Bagu

Valid
alidat
atio
ion
n Com
Committe
ittee
e was create
ated. The
The Comm
ommittee
ttee

comp
compos
osed
ed of the
the Secr
Secret
etar
ary
y of Just
Justic
ice
e as Chai
Chairm
rman
an,, th

Soli
Solici
cito
torr Gene
General
ral and
and Dire
Direct
ctor
or of Land
Lands
s as Me
Memb
mber
ers,
s, an

assisted by a technical staff 11 later conducted validation o

tit
titles
les cove
overing
ring the land
lands
s withi
ithin
n the
the Bagu
Baguio
io Towns
owns

Reservation.

18.
18. Me
Mean
anwh
whil
ile,
e, OCT
OCT No. 0-23
0-235
5 in the name
name of Albi
Albi

Reyes, married to Isabel Santamaria, was cancelled and a

new Transfer Certificate of Title (TCT) No. 13993 12 was issued

in the name of Arturo Tongson by the Registrar of Deeds o

Bagu
Baguiio Ci
City
ty.. Cons
Conseq
eque
uent
ntly
ly,, Lot No.
No. 140
140 of the
the Bagu
Bagu

Cadastre, now covered by TCT No. 13993, registered in the

name
name of Arturo
Arturo Tongson
ongson contai
containin
ning
g an ar
area
ea of 28,215
28,215.5
.5

square meters, was subdivided and the following new TCTs

were issued:


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(1) TCT No T-97888,13 T-97890, 14 and T-
Nos. T-
11 Section
Section 6, P.D.
P.D. No.
No. 1271
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 Documents 9789115 under the name of Mr. Pedro P. Isican


and his spouse, Imelda Domingo Isican;
 Sheet Music
(2) T-9304016 in the name of Carmeling P.
P.
Crisologo; and

(3) T-9157217 under the name of Spouses


 Ju
 Julio F. Para
arayno III
III and Rache
chel Ann A. Para
arayno.
19.
19. In cance
cancell
llin
ing
g TCT
TCT No. 1399
13993
3 and issu
issuin
ing
g the afor
afores
esai
ai

 TC
 TCT Nos
Nos.. T-9
T-97
7888,
888, T-978
-97890
90,, T-9
T-97
7891
891, T-
T- 93
93040
040 and
and T-915
-9157
72 in
in t

names
names of defe
defend
ndant
ants
s Pedro
edro Isic
Isican
an,, Ca
Carm
rmel
elin
ing
g Cr
Cris
isol
olog
ogo
o an

spouses Julio Parayno and Rachel Ann Parayno, defendant Registra

of Deeds of Baguio
Baguio City relied
relied on the alleged
alleged Resolution 18 of the
Resolution

Baguio Validation Committee approving the purported Application

for Validation of Title No. 5210 supposedly filed by spouses Arturo

and Emelia Tongson over TCT No. 13993.

20. In an investigation19 conducted by the Department o

Environment and Natural Resources (DENR), it was found out tha

spouses Arturo and Emelia Tongson have not filed any application

for valid
validati
ation
on of title
title befor
before
e the Validat
alidation
ion Commi
Committe
ttee.
e. In fac

Application for Validation of Title No. 5210, which was purportedly

approved by the Validation Committee, pertains to the application

for validation of title filed by Albino Reyes over a parcel of land

identified as Lot No. 150, Psu-219270 containing an area of Eigh

Hundred Seventy-One (871) square meters and covered by TCT



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15 A copy
copy of the said TCT is
is hereto attached
attached as Annex F.
16 A copy
copy of the said TCT is
is hereto attached
attached as Annex G.
17 A copy
copy of the said TCT is
is hereto attached
attached as Annex H.
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No. 11579.20

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21.
21. TCT Nos. T-9
T-978
7888
88,, T-978
-97890
90,, T-978
-97891
91,, T- 9304
93040
0 and
and

91572 in the name of private defendants, issued pursuant to a fake

and/or forged resolution of the Validation Committee, are therefore

null and void.

PRAYER

WHEREFORE, it is respectfully prayed of the Honorable Cour

that judgment be rendered in favor of the plaintiff as follows:

(1)
(1) Decl
Declar
arin
ing
g TCT
TCT Nos.
Nos. T-9
T-978
7888
88,, T-978
-97890
90,, T-978
-97891
91,, in the

name of Pedro P. Isican, T-93040, in the name of Carmeling P

Crisologo, and T-91572, in the name of Spouses Julio F. Parayno II

and Rachel Ann A. Parayno as void ab initio;

(2)
(2) Dir
Directi
ecting
ng defen
defend
dant
ant Regis
egistr
trar
ar of Deed
Deeds
s to cance
cancell sa

 TC
 TCT Nos
Nos. T-978
-97888
88,, T-978
-97890
90,, T-97
-97891,
891, T-930
-93040
40 and T-91
-91572;
572;

(3)
(3) Orde
Orderi
ring
ng the
the rev
rever
ersi
sion
on of the
the land
land cov
cover
ered
ed by
by said
said T

Nos. T-97888, T-97890, T-97891, T-93040 and T-91572 to the mass

of publ
public
ic doma
domain
in and
and for
for priv
privat
ate
e defe
defend
ndan
ants
ts to vaca
vacate
te an

surrender the same to the plaintiff; and

(4)
(4) Enjo
Enjoin
inin
ing
g priva
rivate
te defe
defend
ndan
ants
tsSign
orupany pers
person on relyrelyin
to vote on this title
ing
g
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thei
theirr void
void titl
titles
es to refra
efrain
in from
from exer
erci
cisi
sing
ng/a
/ass
sser
erti
ting
ng acts
acts
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ownership over the properties in issue.

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It is likewise prayed that plaintiff be given such other reliefs as

are just and equitable under the premises.


premises.

Makati City, Metro Manila, for Baguio City, July


July 22, 2011.

 JOSE ANSELMO I. CADIZ


Solicitor General
Roll No. 26872
IBP Lifetime Roll No. 05084

AMPARO M. CABOT
CABO TAJE-T
AJE-TANG
Assistant Solicitor General
Roll No. 29990
IBP Lifetime Roll No. 03505
MCLE Exemption No. III-000763

SONNY VON RUAYA


State Solicitor II
Roll No. 46878
IBP O.R. No. 819693, 2/19/10
MCLE Comp. NO. III-0003836

EMMANUEL S. CALUYO
Associate Solicitor
Roll No. 53934
IBP O.R. No. 852843, 1/28/11
MCLE Comp. NO. III-0003766; 6/15/09
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legaspi Village,
Village,
Makati City
 Telephone
 Telephone Nos. 8186301 to 09


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VERIFICATION AND CERTIFICATION
CERTIFICA TION
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OF NON-FORUM SHOPPING
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 Documents the Department of Environment and Natural Resources (DENR)


Cordillera Administrative
Administrative Region, Baguio City, Philippines, of lega
 Sheet Music age, after having duly sworn hereby depose and say:

1. That I caused the preparation of the forego


complaint;
2. That
That I hav
have
e rea
read
d and
and unde
unders
rsto
tood
od the
the con
conte
tent
nts
s ther
thereo
eo
and contained allegation therein are true and correc
of my own knowledge and belief based on records;
3. That I have not commenced any other action
proceeding tribunal or agency;
4. That no such action or proceeding is pending in t
Supreme Court, or different divisions thereof or of the
Court of Appeals, or any other tribunal or agency;
5. That
That I her
hereb
ebyy unde
undert rtak
ake
e to not
notif
ify
y this
this Hon
Honor
orab
ablele Cou
Cou
within five (5) days from notice should I learn that a
simi
simila
larr acti
action
on or proc
procee
eedi
ding
ngs
s has
has been
been file
filed
d or
pend
pendiningg befo
beforre the
the Supr
Suprem
eme e Co
Cour
urt,
t, or diff
differ
eren
en
divisions thereof, the Court of Appeals, or any othe
tribunal or agency
age ncy..

CLARENCE L. BAGUILAT
Affiant 

SUBSCRIBE
SUBSCRIBED SWORN to before me this ______ o
D AND SWORN
 _____________________ 2011 at Makati
Makati City.
City.

MARY JEAN D. VALDERAMA


State Solicitor II

EXPLANATION

(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)

 The foregoing Complaint is being filed and served


registered mail due to distance. 
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EMMANUEL S. CALUYO
Associate Solicitor
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Copy furnished:

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Pedro Isican
140 Crystal Cave, Baguio City

Carmeling P. Crisologo
Vigan, Ilocos Sur

Spouses Julio F. Parayno III


Rachel Ann A. Parayno
Parayno
# 94 Bayaoas, Urdaneta City

The Registrar of Deeds of Baguio City


City Hall, Baguio City
SVNR/retchie/complaint-baguio2


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