Cebu News

Over another lot they’re claiming: ‘Owner’ of Philippines sues Lapu-Lapu judge before SC

The Freeman

CEBU, Philippines - A group that has claimed ownership of the entire Philippine archipelago has filed a complaint before the Supreme Court against Lapu-Lapu City Judge Allan Francisco Garciano.

Tiburcio Villamor Marcos Tallano Tagean IV and intervenor-witness group Alpha Omega World Development Marshall Programme have filed certiorari motion to show cause, contempt in court, fraud and corruption against Garciano, the presiding judge of the Municipal Trial Court in Cities in Lapu-Lapu City.

The complaint stemmed from the decision of Garciano on the civil case filed by Mactan Electric Company (MECO) against some individuals allowed by the group to live in a property of the company which they also claim as theirs.

“The bare claim by the defendants that area on lot 5540 they are occupying is not owned by plaintiffs (MECO) but of a certain Tiburcio Villamor Marcos Tallano Tagean IV per Plan of Land of Lot 5540 and Original Certificate of Title (O.C.T.) No. T-01-4 of the Escribania  De Cabildo, inter elia, has not been substantiated by prepon-derance of evidence-quantum of proof necessary of proof to establish a fact or defense in a civil action,” read a portion of Garciano’s decision.

Garciano stated that the OCT No. T-010-4 defendants claimed to have been duly issued by the appropriate government agency is nowhere to be found on record.

As such, Garciano said the Court cannot determine whether the said OCT has really existed and/or still existing until the present.

“For all legal intents and purposes, with the issuance of TCT No. 34165 by the Registry of Deeds for Lapu-Lapu City in the name of the plaintiff on April 23, 1996, which has not been nullified by the court of competent jurisdiction, it can safely be concluded that OCT No. T-01-4 or any previous Torrens Title to lot 5540 must have been cancelled already,” further read the decision.

With the decision, the group said Garciano “is already out of his mind” and that he has no knowledge on how to determine Torrens Title duly supported by SC Orders and Certification from previous Land Registration Commission that “there are no other title issued by the government except OCT No. T-01-4, last January 3, 1964 and all titles without derivative from T-01-4 are all fake and bogus titles.”

The group further said that there is a “clear manifestation of defiance of Supreme Court Orders” on the part of Garciano and allegedly “corrupted the legal process.”

With this, they asked the SC to have the judge “disbarred and dismissed” from office.

Last year, the group claimed a property of a woman also in Lapu-Lapu City but it lost the case before the City Prosecutor’s Office for lack of probable cause.

 A certain Alfredo Aton, representative of Tagean IV, claimed to be the owner of Lot No. 3063 of the cadastral survey.

City Attorney Yuri Beluan earlier told the group that the claim appears to be contrary not just to existing government records of titles and ownership but also to the prevailing laws of the Republic of the Philippines.

Beluan said the documents submitted should be thoroughly verified in consideration of their “highly dubious character.”

Beluan warned the group that the absence of authority to use seals and emblems of the United Nations, its organizations and agencies, and of the different instrumentalities of the Philippine government, and the signatures of different government officials will expose them to criminal liability.

“Hence, with the foregoing, please stop arrogating upon yourselves that you own the whole Philippine archipelago. Please also stop threatening the city with your notices,” read a letter of Beluan addressed to Aton. —/NSA (FREEMAN)

  • Latest
Are you sure you want to log out?

Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. With your meaningful insights, help shape the stories that can shape the country. Sign up now!

or sign in with