CERTIFICATE OF SHERIFF RETURN. November 7, 1974

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Transcription:

CERTIFICATE OF SHERIFF RETURN November 7, 1974

REPUBLIC OF THE PHILIPPINES COURT OF FIRST INSTANCE OF RIZAL Seventh Judicial District Branch III, Pasay City WILSON P. ORFINADA ) LRC/CIVIL CASE No. 3957-P Plaintiff ) For: Quieting of -vs- ) Titles/Reconveyance of MACARIO RODRIGUEZ AND HEIRS ) Real Properties with THE HEIRS OF DON MIGUEL AND ) Reconstitution HERMOGENES ANTONIO RODRIGUEZ ) of TCT No.T-408/TCT DONA AURORA FABELA Y CARDONA ) No. T- 409 in accordance PATRICIA TIONGSON AND HEIRS ) with RA No. 26 in the PONCIANO PADILLA AND HEIRS ) name of Don Gregorio FELIMON AGUILAR AND THE HEIRS ) Madrigal Acop and FORTUNATO SANTIAGO AND MARIA ) Don Esteban Benitez PANTALEONA P.SANTIAGO AND HEIRS ) Tallano MARCOS ESTANISLAO AND MAURICIO ) DE LOS SANTOS/BLAS AND SEBASTIAN ) FAJARDO/ANTONIO/EULALIA RAGUA ) DON MARIANO SAN PEDRO Y ESTEBAN ) AND MARIA SOCORRO CONDRADO HEIRS ) THE HEIRS OF FLORENCIA RODRIGUEZ ) ESTEBAN BENITEZ TALLANO, ET. AL., ) ENGRACIO SAN PEDRO AND HEIRS ) THE ADMINISTRATOR OF BICUTAN ) MARKET/MAYSILO ESTATE, ET. AL., ) PEDRO GREGORIO/AGAPITO BONSON ) AND HEIRS/BALBINO FRANCISCO ) PEDRO ROJAS ESTATE AND HEIRS ) EUGENIO MARCELO/JUAN JOSEF ) SANTIAGO GARCIA AND HEIRS ) MARIANO NONES AND HEIRS ) ORTIGAS AND COMPANY PARTNERSHIP ) THE ADMINISTRATOR OF PASAY AND ) TRIPLE ESTATES/AND THE MARICABAN ) ESTATE/PERPETUA AND PERFECTO ) AQUINO, ET. AL., ANTONIO FAEL ) THE ADMINISTRATOR OF SAN PEDRO ) ESTATE/JOSE SALVADOR/MAGNO ) FERNANDEZ/DONA LOURDES OCHOA Y ) CASAL, SIMONA ESTATE AND THE HEIRS ) EXEQUIEL DELA CRUZ AND HEIRS ) GERVACIO LOMBO, FRANCISCO SORIANO ) QUINTIN MEJIA/CATALINA ESTANISLAO ) AND THE HEIRS/JUAN CRUZ AND HEIRS ) GABINO JAVIER AND HEIRS ) THE MODESTO, EULALIO,TOMAS, ) APOLONIO, PEDRO, FRANCISCO, AND ) ANTONIO CRUZ, RAFAEL SARAO, ) JOSE OLIVER AND THE HEIRS ) DOMINADOR DE OCAMPO BUHAIN, ET. AL. ) MANUEL QUIOGUE, ESTANISLAO, ) EDUARDO AND BERNABE CARDOSO AND ) THE HEIRS, ANTONIO AQUIAL, ) FELIX AND CLAUDIO OSORIO AND HEIRS ) REGINO DELA CRUZ/GIL SANTIAGO ) MARCIANO TUAZON AND TUAZON AND ) COMPANY, JULIAN AND JUAN FRANSCISCO )

SARAO MOTORS/FRANCISCO MOTORS CORP ) PHILIPPINE SHARE COMPANY ) PILAR DEVELOPMENT CORPORATION ) TEODORO LIM, FELIX BAEZ AND HEIRS ) VALINTINO CAJUDO / CANDIDO CLEOFAS ) FORT WILLIAM MCKINLEY AND THE ) MANILA RAILROAD COMPANY ) UNIVERSITY OF THE PHILIPPINES ) THRU HONORABLE SOLICITOR GENERAL ) THE COMMISSIONER OF LAND ) REGISTRATION COMMISSION ) THE HONORABLE DIRECTOR OF BUREAU ) OF LANDS, THE REPUBLIC OF THE ) PHILIPPINES ) AND TO ALL WHICH IT MAY CONCERN ) Defendants DON ANNACLETO MADRIGAL ACOP ) JULIAN M. TALLANO ) Intervenors x-------------------------------------------------------x CERTIFICATE OF SHERIFF RETURN Per compliance to the Order of Writ of Execution, Possession and Demolition dated September 10, 1974 to execute the Judgment with Compromise Agreement dated February 4, 1972 between the Republic of the Philippines and the Tallano Heirs represented by Judicial Administrator, Intervenor, Mr. Julian M. Tallano, et. al., and that March 21, 1974 Clarificatory Order in favor of the Heirs of the Tallano s and their Judicial Administrator, Intervenor, Mr. Julian M. Tallano, I sent several Court Notices on various dates to the occupants over the lots, herein specified, for them to vacate the same but, obviously, no single occupant or squatter had attempt to defy the order. Furtherly, I certify that by cooperation of Barangay Officials of the places where the lots are situated, it

turned easy in the execution of said WRIT OF EXECUTION, POSSESSION AND DEMOLITION that gave way to the immediate vacation of the occupants over the land herein below specified, to wit, (List of Properties as mentioned herein); 1. A land consisting of two (2) hectares in Pasig City along Harizon Plaza owned by the eligible claimant, Hon. Mayor Pablo Cuneta, who eligibly bought such real properties from the intervenor s predecessor in the year 1969. 2. A lot containing an area of Six Hundred Twenty Seven Thousand (627,000) square meters, being portion of Plan 11-69, PSU 2031, situated in Sitio Mendez in Barangay Baeza, Quezon City, Island of Luzon, particularly, bounded on the SE along line 1-2 by road lot 15, on the SW, along line 2-4 by lot 3, BLk 21, on the NW and NE along line 4-5-6-7-8 by lot 299, and on the SE along line 8-1 by road lot 15; 3. A lot containing an area of Two Million Five Hundred Ninety One Thousand Two Hundred Eight and point fifty five (1,591,208.55) square meters, more or less, situated in the area of Capitol Site, Quezon City, along IBP Road and Letex Road, portion of PSU 2031; 4. A lot containing an area of One Thousand Two Hundred Twenty Five (1,225) hectares and three thousand (3,000) square meters, situated along Fairview Avenue and NAWASA EQUADUCT bounded on the East by Commonwealth Avenue and on the South by Republic Avenue and the proposed B. F. Homes, situated in Sitio Commonwealth, Barangay Diliman, Quezon City;

5. That by the Order of Reconveyance in favor of the Tallano s Heirs from the spurious land of the Tallano s heirs from the spurious land owners/unlawful detainers and illegal occupants at least three (3) parcels of lands evidenced by OCT No. 291, transferred into TCT No. 2288 and from TCT No. 1688, allegedly in the year 1913 in Book No. 12, Page 140, of the Province of Rizal, should be repossessed such land covers the following: PARCEL 1- Bounded on the North by the Pasay Estate; on the East by the properly under unlawful claims of the Manila Railroad and Company; on the South by spurious claims properties of the heirs of Francisco Cruz and Juan Pascual; and on the West by spurious properties of Francisco de Mayuga, Gregorio Feliciano, Santiago Garcia, Narciso Mayuga, Jacinto Garcia, Pedro Cruz, Santiago Garcia and Narciso Mayuga, the said Pasay City Estate and the Triple Estate, containing an area of One Million Four Hundred and Sixty Five Thousand Seven Hundred and Seventy Three (1,465,773) square meters, more or less, or for a total of One Hundred Forty Six hectares and Five Thousand Seven Hundred Seventy Three square meters, the same should be recovered by virtue of this Order in favor of the above given heirs, the Tallano families and Acop clan.

PARCEL 2 Bounded on the North by the Pasay Estate; two roads and the spurious San Pedro de Makati Estate; on the Northeast by the spurious property of the Manila Railroad Company; on the South by the property of Apolonio Cruz, Bulak Creek, Canales Creek, properties of Eleuterio Santos, Lope de Leon, Francisco SOriano, the Cutcut Creek and the properties of the heirs of Simona Thomas; and on the West by the property of the Manila Railroad and Company, beginning at a point marked 1 on Plan, bearing N. 17 deg. 39 E 279.31 m. from B.L.L.M. No. 1, this Maricaban Estate; containing an area of Eight Hundred Four (804) hectares and Eight Thousand Forty (8,040) sq. m., more or less; PARCEL 3 - Bounded on the North by San Pedro de Makati, the allege claims of the Estate of Pedro Roxas and that allege properties of the U.S.A. (Fort William McKinley) and allege properties of Pedro Roxas; on the East by properties claims spuriously by Modesto Cruz, Mariano Raymundo, Juana Cruz, Mencio Esteban, Florencio Espiritu, Severo Patero, Simona Ususan, Esteban Santos, Victoriano dela Cruz, Paula Esteban, Eulalio Cruz; Tomas Cruz, Leon Sandrito, Mariano Porcincula, Clemencia Sandoval, Pantaleon Franco, Manuel Espiritu, Daniel Manalo, Cornelia Sandoval, Ponciano Capistrano, Agustin Manuel, Lucas Mariano, Juan Cuevas, Andrea Midat, Cirilo Beltran, Cipriano Biag, Eusebio Tinga, Felix

Osorio, Claudio Osorio,Eduardo Cardoso, Magan Islao Cardoso, Eugenio Jacinto, Bernabe Cardoso, Monico Perez and Cristino Victoria, the last mark point nine being separated by Hagonoy Creek and by Laguna de Bay; on the South by Manila Creek; and on the Southwest by spurious claims of Basilio Felipe, Manuel Quigue and Apolonio Cruz, the last one being separated by Bulak Creek and property under spurious claims of Manila Railroad and Company, containing an area of 2,212 hectares over the Fort William McKinley beginning at a point marked 1 on Plan, bearing N. 89 deg 36" E, 6226.14 m from L.L.M. No. 1 Maricaban; 6. 1) A parcel of land containing an area of Two Thousand Four Hundred Seventy Seven (2,477) hectares evidenced by fictitious Survey Plans such as PSU 289, 290, 291, 292, 293, 294 covering the whole of Almanza, Municipality of Las Pinas, Province of Rizal; 2) A Parcel of land covered by fictitious PSU 305 situated in Quezon City embracing an area of Two Thousand Nine Hundred Fifty Four (2,954) hectares; 7 A parcel of land identified under Parcel 1, PSU 2031 situated in Pildera 2, on the East bounded by Tambo-MIA Road, on the West by lot under Parcel 1, PSU2031, on the South bounded by Pildera 1 on the North by the on-going construction of the proposed Concorde Subdivision, situated in Pildera 1 and Pildera II. Pasay City, containing an area of 750 hectares;

Moreover, I certify that we peacefully took over the lots aforementioned without resistance and the same were turned over to the custody of the Heirs and the Intervenor. The said lots had been secured by the true owners, the Tallano s and they installed a perimeter fence over the premises and 24 hours security guards have been posted there at to maintain the area from any unlawful detainers or squatters. While that Fort William McKinnley through proper reception administered by General Romeo Espino, the Administrator of Fort William McKinley said area was taken over peacefully by turning over the documents relative to the area by General Romeo Espino including the Certification of Occupancy over the available lots found within the premises of the Military Camp. The execution had been served peacefully also in the presence of the members of the INP and Barangay Officials designated in the area and those deputized by the Court. An appropriate Original Copy of this Sheriff Return had been submitted to Hon. CFI Judge Enrique A. Agana for immediate reference as public record. This Certification of Sheriff Return has been issued this 7 th day of November 1974, here in Pasig City. (Sgd) HERMINIO T. UBANA Deputy Branch Sheriff