REPUBLIC OF THE PHILIPPINES,
Represented by the Regional
Executive Director, DENR Region VI
Iloilo City,
Plaintiff ,
-versus-
HEIRS OF MACARIO BERMEJO,
HEIRS OF REMEDIOS BERMEJO
VILLARRUZ, et. al.
Defendants.
AMENDED COMPLAINT
Plaintiff , REPUBLIC OF THE PHILIPPINES, represented by the
Regional Executive Director, Department of Environment and Natural Resources
(DENR) – Regional Offi ce No. VI, Iloilo City, through undersigned counsel,
respectfully states:
- Plaintiff s a sovereign political entity, with legal capacity to sue and
in whom absolute ownership of all lands of the public domain is
vested in the concept of jura regalia (Hrs. of Pendatum v. Director,
59 Phil 600 [1934]). It may be served with judicial processes of the
Honorable Court through the Offi ce of the Solicitor General at No.
134 Amorsolo Street, Legaspi Village Makati City; - Defendant Heirs of Macario Bermejo married to Magdalena
Bediones, namely OFELIA BERMEJO, VICENTE BERMEJO,
MACARIO BERMEJO, JR. and MA. THERESA BERMEJOARNALDO,
all of legal age and residents of Roxas City where
they may be served with summons and other court processes. - Defendant Heir of Remedios Bermejo Villarruz, widow, namely
JOSE MA. B. VILLARRUZ, is of legal age and resides at Arnaldo
Boulevard, Roxas City where he may be served with summons
and other court processeses. - Defendant Heirs of Juan Bermejo married to Cecelia Oducado,
namely REME BERMEJO, of legal age and a resident of Agbalo,
Panay, Capiz and SELMA BERMEJO BERNALES, of legal age
and a resident of Tacas, Pontevedra, Capiz, where they may be
respectively served with summons and other court processes. - Defendant Santiago Bermejo, Jr., married to Tierra Azarraga, is of
legal age and resides at Roxas City, where he may be served with
summons and other court processes; - Defendant Esther Bermejo Lim, married to Margarito Lim, is of
legal age and resides at Tagbilaran City, Bohol where she may be
served with summons and other court processes; - Defendant Jose Ma. B. Villarruz, single, is of legal age and resides
at Arnaldo Boulevard, Roxas City where he may be served with
summons and other court processes; - Defendant Margaret Lim Uy, married to Roy F. Uy, is of legal
age and resides at 888 Sacris Road Extensions, Banilad, Mandaue
City, Cebu where she may be served with summons and other court
processes; - Defendant Heirs of Jose D. de la Cruz, married to Maria B. Delfi n,
namely SOTERO DELA CRUZ, of legal age and resides at Tacas,
Pontevedra, Capiz, CORNELIO DELA CRUZ, of legal age
resides at Pontevedra , Capiz MILAGROS DELA CRUZ REY,
of legal age resides at President Roxas, Capiz, CANDIDA DELA
CRUZ DIESTRO, of legal age and resides at Ibarra St. Ilaya,
Pontevedra and LORENZA DELA CRUZ ARCENAS, of legal
age and resident of Roxas City where they may be respectively
served with summons and other court processes; - Defendant Dionesio B. Batican, married to Rillian Barroquillo, is
of legal age and resides at Ilaya, Pontevedra, Capiz where he may be
served with summons and other court processes; - Defendant Registrar of Deeds of the Province of Capiz is impleaded
herein as a nominal party and holds offi ce in Provincial Capitol,
Roxas City where he may be served with summons and other Court
processes; - Defendant Registrar of Deeds of Roxas City is impleaded herein as a
nominal party and holds offi ce in City Hall, Roxas City where he may
be served with summons and other court processes; - Lot Nos. 304, 305, 770 and 771 of the Cadastral survey of pontevedra,
LRC Case No. N – 340, LRC Record No. N – 16486 was issued
Decree No. N – 189040 on January 20, 1984 and corresponding
Original Certifi cate of Title (OCT) No. O – 2096 was issued in favor
of Macario Bermejo et al., ( Copy of OCT No. O– 2096 is hereto
attached and marked as Annex “A”); - On May 23, 1984, OCT No. O-2096 covering Lot No.304 was
cancelled and in lieu thereof, six (6) Transfer Certifi cates of Title
(TCTs) were issued covering the following sublots, to wit:
A. Lot 304-A, Psd-06-006774 with an area of 66,772 square
meters was issued TCT No. T-19254, in the name of
Remedios Bermejo Villaruz (Copy of TCT No. T – 19254 is
hereto attached and marked as Annex “B”);
A.1. On June 26, 1987, TCT No. T – 19254 in the name
of Remedios Bermejo Villaruz was cancelled and in
lieu thereof, TCT No. T -21035 was issued in the
name of Jose Ma. B. Villaruz (Copy of TCT No.
T-21035 is hereto attached and marked as Annex
“C”);
B. Lot 304-B, Psd-06-006774 with an area of 255,576 square
meters was issued TCT No. T – 19255, in the name of Jose
D. de la Cruz (Copy of TCT No. T – 19255 is hereto attached
and marked as Annex “ D”);
B.1. On November 10, 2008, TCT No. T – 19255 in the
name of Jose D. de la Cruz was cancelled and in
lieu thereof, TCT Nos. T-39672, T-39673, T- 39675,
T-39676, T-39677 and T-39678 were issued in the
name of Jose D. de la Cruz (Copies of TCT Nos.
T-39672, T-39673, T- 39675, T-39676, T-39677 and
T-39678 are hereto attached and marked as Annexes
“E, F, G, H, I and J”); and TCT No. T-39674 was
issued in the name of Dionesio B. Batican (Copy of
TCT No. T-39674 is hereto attached and marked as
Annex “K”);
C. Lot 304-C, Pcd-06-006774 with an area of 100,661 square
meters was issued TCT No. T-19256, in the name of Esther
Bermejo Lim (Copy of TCT No. T-19256 is hereto attached
and marked as Annex “L”);
C.1. On May 4, 2000, TCT No. T-19256 in the name
of Esther Bermejo Lim was cancelled and in lieu
thereof, TCT No. T-30843 was issued in the name
of Margaret Lim Uy. (Copy of TCT No. T-30843 is
hereto attached and marked as Annex “M”);
D. Lot 304-D, Psd -06-006774 with an area of 99,674 square
meters was issued TCT No. T-19257, in the name of Esther
Bermejo Lim (Copy of TCT No. T-19257 is hereto attached
and marked as Annex “N”);
D.1. On May 4, 2000, TCT No. T-19257 in the name
of Esther Bermejo Lim was cancelled and lieu
thereof, TCT No. T-30844 was issued in the name
of Margaret Lim Uy. (Copy of TCT No. T-30844 is
hereto attached and marked as Annex “O”)
E. Lot 304- E, Psd-06-006774 with an area of 97,811 square
meters was issued TCT NO. T-19258, in the name of Esther
Bermejo Lim (Copy of TCT no. T- 19258 is hereto attached
and marked as Annex “P”);
E.1. On May 4, 2000, TCT No. T-19258 in the name
of Esther Bermejo Lim was cancelled and in lieu
thereof, TCT No. T-30845 was issued in the name
of Margaret Lim Uy (Copy of TCT No. T-30845 is
hereto attached and marked as Annex “Q”);
F. Lot 304-F, Psd-06-006774 with an area of 99,767 square
meters was issued TCT No. T-19259 in the name of Esther
Bermejo Lim. (Copy of TCT No. T-19259 is hereto attached
and marked as Annex “R”);
F.1. On May 4, 2000, TCT No. T-19259 was cancelled
and in lieu hereof, TCT NO. T-30846 was issued in
the name of Margaret Lim Uy. (Copy of TCT NO.
T-30846 is hereto attached and marked as Annex
“S”); - On May 23, 1984, OCT No. O-2096 covering Lot No. 305 was
cancelled and lieu thereof two (2) TCTs were issued covering the
following sublots:
A. Lot 305-A, Psd-06-006774 with an area of 130,596 square
meters was issued TCT No. T-19260, in the name of
Remedios Bermejo Villarruz (Copy of TCT No. T-19260 is
hereto attached and marked as Annex “T”);
A.1. On June 26, 1987 TCT No. T-19260 in the name
of Remedios Bermejo Villarruz was cancelled and
in lieu thereof, TCT No. T-21036 was issued in the
name of Jose Ma. B. Villarruz (Copy of TCT No.
T-21036 is hereto attached and marked as Annex
“U”);
B. Lot 305-B, Psd-06-006774 with in area of 6,486 square
meters was issued TCT No. T-19261, in the name of Jose D.
de la Cruz (Copy of TCT No. T-19261 is hereto attached and
marked as Annex “V”); - Upon subsequent investigation conducted, it was found out that
subject land covered by Decree No. N-189040, (OCT No. O-2096)
comprising: Lot 304 with an area of 720, 261 square meters, and lot
305 with an area of 130, 596 square meters, were verifi ed to be within
forestland, per certifi cation issued by the Provincial Environment and
Natural Resources Offi ce (PENRO) dated December 9, 2008:
Lot 304
Parcel I – bounded by blue falls within Project No. 23-A, Block
– III, alienable or disposable under F.A.O No. 4-1619 dated May 10,
1983 per SZ No. 66.
Parcel II bounded by green falls within Project No. 23-A,
Block-2, Forest land for Fishpond Development under F.A.O NO.
4-1619 dated May 10, 1983 per SZ No. 66.
Lot 305 – falls within Project No. 23-A, block-2, forest land for
Fishpond Development under F.A.O. No. 4-1619 dated May 10, 1983
per SZ No. 66; (Copy of the PENRO Certifi cation dated December 9,
2008 is hereto attached and marked as Annex “W”) - Said land is not susceptible of private acquisition under Section 2,
Article XII of the 1987 Constitution:
Article XII
Section 2. All lands of public domain, water, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fi sheries, forests or
timber, wildfi re, fl ora and fauna, and other natural resources are owned by
the State. With the exception of agricultural lands, all other natural resources
shall not be alienated.
x x x
(emphasis supplied) - Decree No. N – 189040 (OCT NO. O-2096) as well as all titles
derived therefrom are therefore null and void ab initio;
PRAYER
WHEREFORE, it is respectfully prayed that after due notice and hearing,
judgment be rendered as follows:
Declaring Decree No. N – 189040 (OCT NO. O-2096) issued in the name
of Macario Bermejo, et al., and all its derivatives titles as NULL AND VOID
AB INITIO;
Ordering defendants to SURRENDER their owner’s duplicate copies of
title to defendant Registrar of Deeds, Roxas City, and the latter to CANCEL the
same and all its derivatives titles, if any; and
Ordering the REVERSION of the land covered by the aforesaid decree or
titles to the mass of the public domain;
Other reliefs, just and equitable, are likewise prayed for.
Makati City for the City of Roxas , November 12, 2010.