FOR: Annulment of Title and/or Reversion of Land to the State

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:

  1. 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;
  2. 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.
  3. 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.
  4. 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.
  5. 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;
  6. 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;
  7. 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;
  8. 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;
  9. 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;
  10. 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;
  11. 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;
  12. 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;
  13. 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”);
  14. 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”);
  15. 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”);
  16. 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”)
  17. 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)
  18. 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.