Pangarap Village - From President Ferdinand Marcos to President Benigno Simeon Aquino III, Part One of the many series...

This Document was passed on to me by residents of Pangarap Village, Caloocan City, Metro Manila, Philippines. They believe that the series of escalating violence in Pangarap Village has its deeper roots traced back from the time of former Philippine president Ferdinand Edralin Marcos and therefore deserves a space in our cyber world for better understanding. 


We therefore encourage the Philippine Center for Investigative Journalism (PCIJ) to dig deeper into the issues surrounding the relentless shooting happening in Pangarap Village, Caloocan City. I can only shake my head in disbelief. Why did the government continue to allow such violence and abuses to happen right in the heart of Metro Manila? Truly, with these incidences of violence and glaring injustice committed against their person and property, the residents of Pangarap Village can only feel hopeless and helpless amid all these things.

Can you imagine how you feel when your shooters who ransacked your peaceful vigil in the wee hours of the morning, went into a shooting spree and still stood side by side with Caloocan City Policemen neither disarmed  nor arrested? 


Then another shooting incident happened last Saturday, July 23, 2011 but this time, two people were shot at and killed in the presence of a policemen and still not immediately disarmed or arrested? 


As I've said, reading these documents made me shake my head in disbelief.

And to the people who thanked me for receiving these documents, I thank you for your trust. As such, I believe your documents deserved the much attention it needed so this government will lead us all to the Daang Matuwid as it promised us all, regardless of our political color; blue, red or yellow..

I'm posting the document verbatim.

Here it goes.

PART ONE:

In 1935, Commonwealth Act (CA) 161 was enacted by the National Assembly of the Philippines to provide for the establishment of three leper colonies in Luzon. The sum of five hundred thousand pesos was appropriated for the Secretary of Public Instruction to spend for this purpose.

In 1938, Tala Estate was acquired by the government, primarily for a leprosarium, under the Friar Lands Act 1120 with the Original Certificate of Title (OCT) No. 543.

On May 3, 1971, the 808-hectare Tala Estate was reserved for various Government uses, as well as for housing and resettlement site under Presidential Proclamation No. 843. Pangarap Village, part of the said 808-hectare lepers colony was proclaimed as a resettlement site.

On October 1972, a number of employees from the Office of the President of the Philippines, as well as personnel from the Presidential Guard Battalion, including their respective families living around Malacañang Park were ordered to vacate Malacañang Park. These families who subsequently organized themselves and formed the Malacañang Homeowners Association, Inc. (MHAI) were relocated to Pangarap Village.

However, claimants of the said land, who called themselves members of the Consuelo Heights Association appeared in the name of Carmel Farms, Inc. now Carmel Development, Inc. (developer of Consuelo Heights). They were represented by Luis Ma. Araneta, the father of Gregorio “Greggy” Araneta III.

The said land is being claimed by Carmel Farms, Inc. on the basis of alleged Sales Certificates and/or Transfer Certificates of Title issued in its favor, but which certificates were recently discovered to have been illegally issued, contrary to the pertinent provisions of Act 1120 (Friar Lands Act) as amended because of non-payment of consideration andencroachment upon the property of the Republic of the Philippines. (Since Pangarap was formerly part of Tala Estate, its disposition is subject to the provisions of the said Act).

According to the records of the Bureau of Lands, “neither the original purchasers nor their subsequent transferees have made full payment of all installments of the purchase money and interest on the lots claimed by the Carmel Farms, Inc., including those on which the dwellings of the members of  Consuelo Heights Homeowners Association stand. Hence, title to said land has remained with the Government and the land now occupied by the members of said Association has never ceased to form part of the property of the Republic of the Philippines, any and all acts affecting said land and purporting to segregate it from the said property of the Republic of the Philippines being, therefore, null and void ab initio as against the law and public policy.”

On September 14, 1973, a year almost to the day after the declaration of Martial Law, Pres. Ferdinand E. Marcos, instead of bringing the matter into court, invoked his emergency powers to invalidate and cancel all titles of Carmel Farms including the title of Tuason and the 64 members of the Consuelo Heights Association, Inc., lot buyers of Carmel Farms, and declared Pangarap Village “open for disposition and sale to the members of the MHAI” pursuant to CA 32 (Land for the Landless).

PD 293 caused the following inscription on the titles of Carmel Farms as well as all the lot buyers of Consuelo Heights, Inc. (Ramon Tuason, Tomasa Bartolome, etc.):

“MEMORANDUM. Pursuant to Presidential Decree No. 293, this certificate of title is declared invalid and null and void ab initio and considered cancelled as against the Government and the property described herein is declared open for disposition and sale to the members of the Malacanang Homeowners Association, Inc. (MHAI.)”

However, there is a failure in the implementation of PD 293. The instructions of president Marcos “not to touch the lands already occupied by the present physical settlers” were not followed. The lots  physically occupied by the urban poor and some members of Consuelo Heights Association were  virtually confiscated by members of the MHAI and subsequently registered them in their names in violation of ACT 1120 (Friar lands Act) which defines the applicant as an actual physical settler “whose dwellings stood thereon.”

It is also noteworthy to say that CA 32 (Land for the Landless Act) was grossly violated by many opportunists buyers composed of greedy businessmen, active high-ranking military officers, active and retired government officials (most of them allegedly coming from the Bureau of Lands and Office of the President) who buy lots in Pangarap Village even if they already owned houses and lots elsewhere. The temptation is too much to refused. Lots in Pangarap Village, since it is sold and offered to the landless  and one of the poorest sector of our society (the foot soldiers), is offered at only P2 per sqm.

Again, ACT 1120 (Friar Lands Act) which defines the applicant as an actual physical resident “whose dwellings stood thereon” was also violated because the said lot buyers did not build their dwellings on the lot(s) they have applied and paid for even to this date (one of the many reasons why the Executive branch should and must create a composite team to investigate all the anomalies involving the land of Pangarap Village and/or the Legislative branch to conduct a Congressional Inquiry in Aid of Legislation. You will be surprised to know how many of these title holders are not physical dwellers of Pangarap and are either retired or still active in the government service. Should they be coming from the RD or LMB, are they be the ones causing the delay in the LMB report? Only a full investigation will answer these and the many questions we have). 

Deprivation of rights on the lots occupied by other present bonafide occupants ensued. Petitions followed.

            After the 1986 EDSA People Power Revolution that toppled the late president Marcos, the Pangarap Village Residents Association, Inc. (PAVIRAI), composed by the urban poor families living in Pangarap, represented by its chairman Alberto Palmera filed a petition requesting the newly installed president Corazon “Cory” Aquino to repeal PD 293.

Then Agriculture Secretary Ernesto Maceda recommended that PD293 be modified instead (Maceda Report, June 26,1988) to include the Urban Poor Families “whose dwellings stood thereon” (non-members of MHAI) as beneficiaries of PD 293 so they, too, can register the lots they occupied in their name pursuant to the provisions of ACT 1120 and CA 32.

           

In the meantime, the petition of the lot buyers of Consuelo Heights is gaining momentum in the proper courts.

Even before the government can act on the Maceda Report, the Supreme Court in its January 29, 1988 Decision (G.R. No. 70484 in the Roman Tuason vs. the Register of Deeds) declared PD 293 as “unconstitutional and voib ab initio in all its parts.”

The Supreme Court Decision (G.R. No. 70484):

·         Contained an injunctive writ invalidating all sales certificates and transfer certificates issued under the PD 293

·         Ordered the Register of Deeds of Caloocan City to restore to full effect and efficacy the titles of the Tuasons and the 64 members of Consuelo Heights, Inc. (causing the removal of the aforementioned inscription on all the titles of the Tuasons and the 64 Intervenors only, being party to the case)

·         And ordered the public respondents to refrain, cease and desist from implementing any provision or part of PD 293.

However, with respect to the title of Carmel and the purchases of lots from its original title by the petitioner and petitioner in intervention, the Supreme Court in its decision stated that:

·         the government may “bring suit to recover the unpaid installments and interest, invalidate any sale or encumbrance involving the land subject of the sale, and enforce the lien of the Government against the land by selling the same in the manner provided by Act Numbered One Hundred and Ninety for the foreclosure of mortgages. This it can do, despite the lapse of a considerable period of time. Prescription does not lie against the Government.”

·         “until and unless such a suit is brought and results in a judgment favorable to the Government, the acquisition of title by Carmel and the purchases by the petitioners and the petitioners-intervenors from it of portions of the land covered by its original title must be respected.”

·         “at any rate, the eventuation of that contingency will not and cannot in any manner affect this Court’s conclusion, herein affirmed, of the unconstitutionality and invalidity of Presidential Decree No. 293, and the absolute lack of any right to the land or any portion thereof on the part of the members of the so-called ‘Malacanang Homeowners Association, Inc.’”

However, during the Committee Hearing conducted by the House Committee on Justice presided by Rep. Libanan, Carmel stipulated that they did not buy their lots from the government contrary to what appeared in the Supreme Court Decision GR No. 70484, and that they are a third-party buyer (meaning that their lots came from Ildefonso Villareal and Paquita Eusebio).

The Supreme Court Decision, however, did not categorically cleared the following issues:

·         Whether all titles issued under PD 293 are considered null and void

·         Whether all titles issued under PD 293 are already cancelled

·         Whether the “absolute lack of any right to the land or any portion thereof on the part of the members of the so-called “Malacanang Homeowners Association, Inc.” refers only to the members of MHAI who occupied the lots of the Tuasons and the 64 Intervenors or it refers to ALL members of MHAI even those whose dwelling stood on the vacant lots of Pangarap under ACT 1120 and CA 32.

Note that the decision did not even categorically direct the Register of Deeds to recall all titles

issued under PD293 and cancel them accordingly.

It is also noteworthy to mention that:

1.     The Supreme Court, in its letter addressed to Sen. Aquilino “Nene” Pimentel’s Law Office, certified that “Carmel Farms, Inc. was not a petitioner nor a petitioner-in-intervention in the above-entitled case.“

2.     Yolanda Alfonso of the Register of Deeds, Caloocan City in her letter addressed to AQUILINO Q. PIMENTEL, JR. dated Nov. 19, 1996, certified that:

a.     There is no letter request from Carmel farms for the revival of their TCT’s and

b.    There is likewise no corresponding entry number and date of actual revival of TCT’s

Therefore:

·         Carmel’s TCTs were not acquired from the government

·         Carmel is not a party to the case aforementioned and technically not a beneficiary to the case won by the Tuasons and the 64 Intervenors

·         Carmel’s TCTs remain cancelled (no request for the revival of their titles and no corresponding entry number and date of revival)

Despite the facts mentioned above, Carmel Farms, represented by Atty. Orlando Rayos, filed PD772 (Anti-Squatting) in 1994 against most residents of Pangarap (both the title holders and the urban poor dwellers).

Close scrutiny of the titles of Carmel will show that despite the fact that it did not apply for the revival of their titles, the inscription declaring it null and void was removed in 1989 by a certain Yolanda Alfonso. The reason why Carmel was able to file charges to the residents of Pangarap.

How can the removal of the inscriptions canceling the title of Carmel was done by one Yolanda Alfonso in 1989 when in fact it was Rodolfo Romero who was the RD of Caloocan at that time? Alfonso was the RD of Manila.  

Pangarap Village - From President Ferdinand Marcos to President Benigno Simeon Aquino III, Part Three of the many series...

PART THREE:

Volunteer groups from Bayan Muna, KMU, Compass, and the other left leaning groups expressed their support by joining the vigil. We rejected these offer as we would like to limit the vigil to pure prayers and the participants to residents of Pangarap only. This is an internal matter for the residents of Pangarap to deal by themselves.

Our beloved President, we saw light at the end of this dark tunnel, we saw hope in your undaunted leadership and credibility… We saw God.

Then came various group leaders who shared their documents and insights on how Carmel encroached on the so called “property of the republic of the Philippines.” We later concluded that a Reversion is not the proper way, but rather annulment and cancellation of titles based on the documents we have gathered.

There is nothing to reverse after all because our land still belongs to the Republic of the Philippines.

A glimpse of hope is enshrined into the hearts of these residents when the Concerned Citizens of Pangarap, (CCP) Inc. in its 24-hour daily vigil announced that it will move for the cancellation of titles of Carmel Development, Inc. based on the documents it has compiled.

The days that followed was marked with violence. In that same month, and in two separate occasions, Eufronio “Ronie” Mallari, one of our leader and Prayer Vigil Coordinator, was harassed by 15 men armed with armalite riffles and .45 cal. Pistols right inside his premises, purportedly to get his documents vital to the case against Carmel. These men identified themselves as PSG, NBI and PAGCOR personnel. The matter was already referred to the proper authorities (NBI and RIID) who promised to help.

Days later, Marilyn Dawang, a young mother of three kids was shot by one of Carmel’s security guard inside her store during the installation of a new guard post by Carmel. The indiscriminate and merciless shooting and wounding of this young mother prompted all the security guards of Carmel to abandon all their security posts in Pangarap, particularly the main gate where the Prayer Vigil is held in a 24-hour basis. Bitterness, pain, hopelessness immediately turned into anger and hate. The Prayer Vigil played a vital role I pacifying these people because of their respect to us, their new leaders. No harm was done against the said security personnel. Violence was prevented even before the policemen came. Peace is restored. Allegedly, Carmel immediately terminated the services of their own security company, Securicor.

Yet, still, Carmel’s security refuses to go back to their own posts.

Immediately thereafter, Carmel, through its security consultant, Mr. Boy Apatan, negotiated with us in the presence of Pol. Col. Ike Robles. The negotiations went well, though disrupted for a while by a policeman who was caught taking pictures on all the leaders of CCP, particularly Rosemarie "Rosebud" Belleza, the group’s president, Priscilla “Baby” Vergara (political coordinator of Mayor Malonzo), and Engr. Antonio “Tony” Jimeno Jr., the group’s spokesman. The camera’s film was exposed in full view of the public upon order of Col. Robles.

During the Tuesday (May 21) negotiation, Mr. Apatan agreed to allow house materials bought by title holders to come inside the village (they used to confiscate it before and treated even the title holders as squatters), while the CCP will monitor proliferations of new squatters (coming from demolished houses in the MWSS area nearby) and report them to authorities (CCP reported the matter to the PCUP even before the negotiation started) and Col. Ike Robles promised to arrest violators that will build new structures inside Pangarap.

Carmel Development Inc did not honor their words.

At around 4:00 A.M. of May 25, 2002, Saturday, the new Security Personnel from MISHEM Security agency allegedly owned by Ret. Police General Ramon Montaño attacked the area where the Prayer Vigil is held and ransacked the Vigil Area, removed the altar, and threw the sound system while firing their Armalite, Shotgun riffles and cal. 45 pistols in the air. The attacked lasted for minutes. This despite the fact that a permit was issued twice to the Concerned Citizens of Pangarap (CCP) by the City Administrator of Caloocan.

MISHEM even forcibly entered the house of Olivia Cuevas, one of the Prayer Vigil Coordinator and poked their Armalite riffle against her while the other member of the house were ordered to lie on the floor with their hands on their head.

These new security group, dressed in a SWAT-like fatigue uniforms, stayed and blocked the main gate of Pangarap until 9:00 A.M. in the full view of the Caloocan City Police headed by Pol. Maj. Garcia who just replied “anong gusto nyo, awayin ko sila?” when the residents complained they were harassed by these gun-totting men.

However, when one of the resident questioned and demanded for a copy of the licenses of the Armalite riffles the MISHEM security men were holding, the said guards retreated immediately to the Carmel’s compound near the gate of Pangarap, to the surprise of the residents. One man did what the group of Major Garcia failed to do.

Days later, the said security guards attempted to go back at the gate of Pangarap but were prevented by residents in many occasions. This resulted in the indiscriminate firing of the said guards almost every night and in the wee hours of the morning especially during weekends despite the presence of the policemen at the main gate of Pangarap. News reports in print and broadcast media however is far different from what is actually happening. The CCP, its leaders and members were portrayed to be violent. Madam President, we cannot afford to spend for a favorable press release. Worst of all, we fear for our lives. They have the money, the resources, and the motive to do whatever is best to reclaim their “alleged” property. God is on our side.

And during the committee hearing held at Pangarap Village, the guards of Carmel fired their riffles against another Prayer Vigil Coordinator of the Concerned Citizens of Pangarap, Louie Ecal, in the Lower Tawi Tawi Area. The incident prompted Representatives Libanan and Echiverri to visit the area and they were able to recover empty shells of shotgun riffle. Three men holding what seems to be riffles inside a sack were seen running in the direction of Carmel.

To date, violence still escalates in Pangarap Village, particularly at the main gate and inside the compound of Carmel where the guards are firing their riffles almost every night especially during weekends.

The NBI team, who branded as “exaggerated” all our reports to them, served subpoena against Carmel’s security personnel in June 2002. These agents were also witnesses to the heavy firearms such as M203 Grenade Launcher the security personnel of Carmel  are carrying. In fact, the NBI Team Leader together with their camera man ran for fear of their lives and with their hands armed with 45 cal. Pistol after serving the subpoena against Carmel’s security personnel. Akala daw po nila, hindi na sila makakalabas ng buhay. They were not able to take pictures for obvious reasons.

Our beloved President Gloria Macapagal Arroyo, you are our only last hope. Please visit us in Pangarap Village.

Please create a composite team from PCUC, LMB, DENR, OSG, and the NGO (CCP) in Pangarap to conduct a FULL INVESTIGATION of all the anomalies involving our land problems and to come up with a recommendation that will lead to a Presidential Proclamation and the filing of criminal cases against those who falsify some government documents, particularly in the Register of Deeds in Caloocan City that resulted to all these troubles. Yes, madam President. They falsify the revival of the TCT of Carmel. The removal of the inscriptions canceling the title of carmel was done by one Yolanda Alfonso in 1989 when in fact it was Rodolfo Romero who was the RD of Caloocan at that time. Alfonso was the RD of Manila. The anomalous revival mentioned caused the filing of PD 772 and various ejectment cases against us. We will file a criminal case in due time. We will also demand Carmel to produce proof of its ownership over our land and ask Carmel how they were able to buy a parcel of land that was earlier reserved as government land for the leper colony.

We believe that our land belongs and still remains with the Republic of the Philippines.

We have already given some vital documents against Carmel and the Register of Deeds in Caloocan City to the OSG and to the House Committee on Justice and even requested for a CONGRESSIONAL INQUIRY IN AID OF LEGISLATION to our representatives Echiverri and Erice but to no avail.

We have already sought the assistance of Mayor Rey Malonzo, but instead of acting in our favor, he plans to issue a Warrant of Levy against Carmel to pressure them to pay their real estate taxes amounting to only P28M. We have warned the local government that this will only aggravate our miseries.  While it is true that serving a warrant of levy, according to Mayor Malonzo, will not mean ownership over the disputed land. But remember that ejectment cases tackles possession and not ownership of the same. The warrant of levy will only boost Carmel’s possession (not ownership) against our land.

We have reviewed the report of the LMB to the OSG for the filing of a Reversion Case against Carmel and we are not satisfied with the contents of the report and are strongly against the filing of the said reversion case for several reasons stated in our documents and in our web site (www.TalaEstate.com).

            YOU ARE OUR LAST HOPE, MADAM PRESIDENT GLORIA MACAPAGAL ARROYO. Please give hope to the weary residents of Pangarap by visiting us in our Prayer Vigil area. Please create a composite team who will report directly to you, a woman of integrity. A woman of God.

 

AD MAIOREM DEI GLORIAM! ALL FOR THE GREATER HONOR AND GLORY OF GOD.