CONTACT
is reprinting herein its nearly three-year-old article that resulted
from the “Due
Diligence” performed by Global Alliance Investment Association during
2002 and 2003 as
an “update” to a story that could very well impact the economic system
of the whole planet.
The original story will be presented “as is”; the “players” in the
current situation more
authentically identified; and additional information is presented.
At the time of the first publication there was some doubt as to whether
some or all of the Royal
Family gold might have been removed. While still officially
unconfirmed, there is now very strong
evidence that all, or most, of the gold is intact. The Don Esteban
Benitez Tallano & Don Gregorio
Madrigal Acop Foundation, Inc. has given notice to the government of
the termination of the lease
and of its intent to take possession of its gold.
THE WEALTHIEST NATION ON EARTH? What
other Nation has 400,000 metric tons of gold in its vaults? What other Nation
has more energy (clean hydrogen from deuterium [“heavy water”]) under its seas
than could be available from all of the
hydrocarbons (including coal) in all
of the rest of the world?
Most of “history”, as we get to see
it published, has suffered some interpretation, stylizing, modernizing, and even
outright “revision”. What the reader is about
to find is a mode of history that
has suffered no change, even though preserving it has cost many lives while
those seeking to change (or hide) it have made
themselves rich and powerful. The
Philippines uses the “Torrens title system” for
registering titles to land. In this
system, the Original Certificate of Title (OCT No. T-01-4) applies to the whole
archipelago and Transfer Certificates of Title (TCT) subtract a given, surveyed
and described parcel from the OCT. The record of such a transaction is
written as an “annotation” on the
reverse of the DEED, or an attached parchment. These annotations plus the court
orders, writs, and decisions tell a real history, even
if unromantic in spots. We hope you
enjoy reading it as much as we enjoyed getting it
together.
1. 1572, Royal Decree of 1572
issued by the Royal Audiencia,
confirmed by the newly established
Supreme Court approximately May 5,
1583. “Respecting ownership of the Royal family to the entire archipelago with
exemption that the Island of Mindanao be reverted back to the Noble King’s cousins;
the three (3) Sultans of Mindanao led by Sultan Sinsuat, Sultan Hadji Kiram
Misuari, and Sultan Sirongga ... that should be inherited only by their
relative Moslem families.”
2. January 17, 1764
Pursuant to Decree of 01- 4 Protocol
, by virtue of Supreme Order of the
Royal Crown of England and in accordance with the Royal Audiencia de Manila in
a Land Registration Case No. 571 of said court, having been duly and regularly
heard in accordance with the provision of the land laws as
adopted in the Torrens System, it
was decreed that Prince Lacan Acuña Tagean Tallano, married to Princes Rowena
Ma. Elizabeth Overbeck Macleod of Austria, is the owner in fee simple of Hacienda
Filipina or the Philippine Archipelago.
3. 1864, By virtue of the Spanish Royal Order of 1864
OCT 01-4 had been registered anew in
the name of Prince Julian Macleod Tallano, the Tagean descendant and only son
of Rajah Soliman and Princess Tarhata Kahar. Some cases are missing that should
be included and, if they can be located they will be included later as the
research continues. For instance, in the formal TRANSFER CERTIFICATE OF TITLE
(TCT) No. 498 dated November 4, 1932 appears the following
portion of a footnote: “This land
covered by Torrens
Title TCT No. T-498 transferred from
OCT No. T-01-
4 had been a subject of Court
Proceedings for the re-
registration on the year 1903 as was
ended on the
year 1904, in the Sala of the
Supreme Court, in
compliance to Land Registration Act
496 and the same
had been placed and adjusted into
another Court
Proceedings also in compliance of
Cadastral Act 2259
which was ended on the year 1915
favorably to the
original owner, late Prince Julian
McLeod Tallano.”
The footnote was added, signed and
certified
September 7, 1964 by José D. Santos,
Register of
Deeds, Municipality of Pasig.
The footnote appended to TRANSFER
CERTIFICATE OF TITLE (TCT) No. 408
dated
June 7, 1932 states: “This Land
covered by Torrens
Title TCT No. T-408 had been a
subject of Court
Proceedings for the re-registration
on the year 1903 as
was ended on the year 1904, in the
Sala of the
Supreme Court, in compliance to Land
Registration
Act 496 and the same had been placed
and adjusted
into another Court Proceedings also
in compliance of
Cadastral Act 2259.” The footnote
was added, signed
and certified November 4, 1972 by
Oscar T. Eusebio,
Register of Deeds, Rizal Province.
The two TCTs
were divided into Parcels, 4 for 408
and 6 for 498.
The official surveys were done in
1909 and 1910 and
accepted in 1911. Some readers will
not recall that
the Philippines were U.S.
“territories” from 1900 to
1946, yet the private ownership of
all lands was
recognized by the U.S. as evidenced
by their leasing
lands from Tallano as early as 1904
for Camp John
Hay at Baguio, some 5,000 hectares
(a hectare is
CONTACT: PHOENIX JOURNAL REVIEW
JANUARY 18, 2006
Republic of the Philippines to avoid
conflict of
hearing dates of the two cases.
5. February 4, 1972, LRC CIVIL CASE
NO.
3957-P,
DECISION WITH COMPROMISE
AGREEMENT
issued by late Judge Enrique A.
Agana of CFI Branch 28 Pasay City.
In as much
that the Solicitor General did not
file an appeal by
April 4,
1972, the Decision with Compromise
Agreement become final and executory
and it was
entered into the Book of Judgement
on the 14th day
of June 1972 as confirmed by:
6. September 14, 1972
Entry of Judgment
issued by Atty. Jose E. Ortiz, Jr.
Clerk of Court.
The
DECISION WITH COMPROMISE
AGREEMENT
deserves special mention because it
is the defining document, the formal
expression of an
AGREEMENT reached between the
government and
the acknowledged owners of all of
the land (both
above and below the waters of the
Archipelago) as
agreed to and enforceable by the
Judiciary. The
Agreement was reached in 1964 during
the Presidency
of Diosdado Macapagal and was
confirmed and
memorialized by Judge Agana during
the Presidency
of Ferdinand E. Marcos. It has been
declared
enforceable by Judges during every
Presidency since
and still certain elements of
Philippine society conspire
with government employees, many of
whom are in the
Justice system, to issue false land
titles. The creation
of many very large family fortunes
that were litigants
in the case has been facilitated by
such practices.
The caption of Case No. 3957-P was
styled:
LRC/CIVIL CASE NO. 3957-P for
Quieting
of Titles/Reconveyance of Real
Properties with
Reconstitution of OCT No. T-01-4,
TCT No. T-
408/TCT No. 498 in accordance with
Rep. Act
No. 26 in the name of Prince Lacan
Tagean
Tallano, Don Gregorio Madrigal Acop
and Don
Esteban Benitez Tallano.
The last names of some of the
litigants in the case
are: Orfinada, Rodriguez, Cardona,
Padilla, Aguilar,
Santiago, de los Santos, Esteban,
Condrado, San Pedro,
Gregorio, Marcelo, Oritgas, Aquino,
Soriano, Javier,
Cardoso, Jacinto, and Cruz. Many of
these same
names are found in the “Society”
sections of the local
newspapers each week.
It will be useful to quote,
verbatim, the first half
of Judge Agana’s opening paragraph:
With the blessings of our Supreme
Being with
His judicial enhancement over the
victim of
injustices and greatest land
grabbing scandals, the
Republic of the Philippines failed
to deviate from
entering with heirs of Price Julian
Macleod Tallano
for a
Separate Decision with Compromise
Agreement. But to settle once and
for all the issue
of ownership over the land under OCT
No. T-01-
4 together with reconstitution of lost
owner and the
duplicate copies of its original WAS
A Motion filed
by the Republic of the Philippines
and, including the
return of precious metals and stones
consisting of
617,000 metric tons of gold and
500,000 pieces of
10 karat diamonds to the Royal family
is another
Motion filed by the herein
intervenor that needs to
be resolved under the same Sala
(court) that
originally (was) under old case
997-P...
consolidated into LRC/Civil Case No.
3957-P.
On page 120 of the same document the
numbers
are changed a bit, presumably
because additional
information came to light. Paragraph
9. says:
Ordering the National Government,
Office of
the President of the Philippines and
his staffs,
the National Treasurer and his
staffs, the
Solicitor General and his staffs and
the
Governor of the Central Bank to
relocate the
remaining inventory balance of
400,000 metric
tons of gold nuggets own by the
Royal Family,
the Tagean-Tallano family, and, when
relocated,
return the same to the vaults of the
Central Bank
for the interest of the Filipino
people to serve as
U.S. Dollar reserves required by the
IMF and the
World banks, while that 5% of that
1% of the
required royalty fee which was
unpaid starting in
the year 1969 to the present and to
its
succeeding years until the precious
metals has
been withdrawn based on the
prevailing market
price should be paid directly to the
authorized
Heir, Prince Julian Morden Tallano.
The gold price at year-end 1970 (the
first year for
which interest on the unpaid Royalty
was due) was
$38.90 per ounce. If we multiply the
number of
ounces in a metric ton of gold
(31,103) X 1% (.01) X
5% (.05) X 400,000 metric tons, we
will have a
“constant” of 6,220,800 to use. If
we multiply the
constant times the price in a given
year we get the
Royalty due for that year. In 1970
the number
rounded to the nearest million
dollars was $242M.
That Royalty was not paid.
At that time the interest rate
mentioned in some of
the court documents was given at 7%.
242 million
dollars at 7% to the end of 2002 (33
years) is 2,256
billion dollars. When all of the
Royalties are added up
they come to $62,496B. When their
earned interest is
added the total is $200.172B. The
value of 400,000
metric tons of gold is more than 4
trillion dollars (more
than 200 trillion pesos).
The DECISION takes 139 pages and
cannot be
reproduced in its entirety here so
we will quote the
last few paragraphs:
Let this Decision with Compromise
Agreement be enforced enjoining all
concern
private persons and government
authorities
herein specified and everybody,
natural or
juridical person, to observe and
address this
Decision with Compromise Agreement
observing
the imprescriptibility period clause
over its
execution or issuance of its
required original and
duplicate copies of OCT 01-4
including its TCT
No. T-408 and TCT No. T-498 and
including the
withdrawal of the deposited gold
bullion from
any government body, within and/or
outside the
archipelago, either a member of
United Nations
or any League of Foreign Nations,
Federation as
long as within the bond and
jurisdiction of the
International Court of Justice (ICJ)
to serve for
the interest of the lawful
beneficiaries of late
Prince Julian Macleod Tallano and
the whole
Filipino people in general,
otherwise, anyone who
defies this Order shall be dealt
accordingly with
the fullest force of the law.
SO ORDERED. February 4, 1972,
ENRIQUE A. AGANA, Presiding Judge
This Decision with Compromise
Agreement was
met with a storm of protest and a
flurry of lawsuits
from those people who had thought
they were
legitimately buying their property
as well as those who
had conspired with public officials
to create
fraudulent titles in order to “sell”
the property to
unsuspecting buyers. On December 28,
1973
Acop-Tallano (through the Court
Appointed
Administrator, Julian Morden Tallano)
filed a
“COMPLAINT-IN-INTERVENTION asking
the
court (Judge Agana) for a
“Clarificatory Order”,
part of which reads as follows:
7. March 21, 1974
Clarificatory Order
WHEREFORE, judgment is hereby
rendered
in favor of Julian M. Tallano, et.
al., ordering the
Provincial Assessor of Rizal,
Batangas, Laguna,
Cavite, and Bulacan, including those
assigned
assessors in the area where the land
is located
to accept payment of realty tax of
the
embracing real property from the
heirs-
intervenor, Mr. Julian M. Tallano
for a
maximum period of five (5) years by
offsetting
the amount of damages P2 billion
pesos from the
government in as much as the
government,
through its Hon. Solicitor General
had entered
into a judgment with compromise
agreement
which was adjudicated on February 4,
1972 in a
separate proceeding where the issue
of
ownership over the land covered by
Land Title
OCT No. T-01-4 including the
government
petitions for judicial
reconstitution of said
Torrens Land Title OCT No. T-01-4
had been
resolved.
That all Land Titles that were
issued by the
LRC and/or Register of Deeds of the
place
where the land is located, except,
that OCT No.
T-01-4 over the Archipelago and
except that
TCT No. T-408 and TCT No. 498 in the
Province of Bulacan, Greater Manila
Area,
Province of Rizal, Province of
Laguna, Province
of Batangas and Province of Cavite,
and such
fraudulent Title particularly those
numbers
ranging from OCT No. T-01-4 to OCT
No.
4085 to OCT No. 10,000 [probably a
typographical error since the number
is OCT No.
100,000 in all of the other cases],
based on the
recommendation of Hon. Commissioner
Antonio
Noblejas to this Honorable Court
dated January
3, 1964 firmly pleaded by Hon.
Solicitor General
Hugo Gutierrez, are hereby declared
null and
void, no force and effect, from
beginning,
ordering the Hon. Register of Deeds
to cancel
the same if ever on file in the
records of the
Register of Deeds of the towns and
provinces
where the land is situated.
Ordering the concern Register of
Deeds of
the Town, City and the Province
where the
Land is located to record above
declared void
Owner Certificate of Titles
including those
Transfer Certificate of Titles that
were issued
but non derivative from legitimate
OCT No. T-
01-4, which are also declared null
and void Land
Titles, and inform the general
public about the
mentioned fraudulent Land Titles to
prevent the
people to be adversely affected by
these illegal
public documents.
There are more detailed orders (6
pages) following
but the above is sufficient for our
purposes here.
Judge Enrique A. Agana signed the
Order March 21,
1974. In the face of dozens of
challenges in the courts
during every presidential
administration since the
issuance of this order, the courts
have consistently
upheld it. Whether one likes the
idea of a single person
controlling most of land in an
entire nation of some 80
million people, or doesn’t like it,
that is the law in the
Philippines. It does not have to be
a “bad” situation
as will be illustrated in the
SUMMARY of this paper.
A further comment will be helpful
since we could
not reproduce the entire DECISION.
The
Government waived its right over the
public and
“Friar” lands in exchange for what
amounts to the
“free use” of all of those lands
occupied by public
buildings, public schools, hospitals,
courts, municipal
and city buildings, police and
military training camps and
similar land necessary for the
public use. We say
Page 10
CONTACT: PHOENIX JOURNAL REVIEW
JANUARY 18, 2006
“free use” because any time the land
was no longer
needed for the purpose provided, it
was to revert to
the ownership of the “Tallano Clan”
and could not be
converted by government to
commercial use and sold
for the benefit of the government.
Some of the most
classic examples of government abuse
of this provision
are Clark Airforce Base, Subic Naval
Bay, Camp John
Hay, and Ft. Wm. McKinley (renamed
Ft. Bonifacio)
wherein the government has either
leased, sold or
continued to use the properties.
To place in perspective the impact
of these court
orders and decisions going back at
least 430 years,
almost all of the estimated
22,000,000 titles to land are
fraudulent and were authorized to be
issued by persons
who knew they were fraudulent. There
are three
legitimate titles, OCT No. 01-4 and
its derivatives TCT
Nos. 408 and 498, as compared with
at least 100,000
OCTs and TCTs that are fraudulent,
numbers which
were certified by former
Commissioner Atty. Antonio
Noblejas of the Land Registration
Commission.
8. September 10, 1974, Writ of
Execution,
Demolition and Possession
issued by late Judge
Enrique A. Agana.
The Judge, acting on the motion of
Julian M.
Tallano, ordered “...the elements of
the Integrated
National Police, the Philippine
Constabulary, the
officials of Local and Barangay
Government Units in
the areas including the Metropolitan
Command in the
Greater Manila Area to coordinate
with Branch
Deputy Sheriff Atty. Herminio Ubana
and his
Deputized Sheriffs and law
enforcement authority to
take over all the properties herein
mentioned and
demolish any structures which were
the subject matter
of the above entitled case,
LRC/Civil Case No. 3957-
P, for and in favor of the said
Intervenors, Julian M.
Tallano, et. al.”
Judge Agana also appointed Attorney
Epitacio
Sobejana as a “Private Sheriff” to
“act in the absence of
Sheriff Atty. Ubana if ever...” to
“execute this order in
a wider scope of area of
responsibility...”. Then:
“And finally, to recover all
properties found
nationwide covered by Land Title OCT
No. T-01-4
and be turned over to the herein
Judicial Administrator
(Tallano).”
With the reminder that Case No.
3957-P was filed
in 1962 during the Diosdado
Macapagal
Administration, and was then
“joined” by the Solicitor
General, we will copy part of the
introduction:
Laying the factual basis for
granting the Motion
was that the findings of this Court
emanated in a
LRC/Civil Case No. 3957-P that first
judgment was
pronounced and had been issued on
February 4,
1972 in favor of Mr. Benito Tallano,
who exposed
the grand designed Motion for
Reconstitution over
a Land Title OCT 01-4 embracing the
archipelago
filed by the Honorable Solicitor
General. That on
that Motion, the Hon. Solicitor
General should have
a burden of proof to controvert the
surviving
oppositor, Benito Tallano, who is
not the legitimate
heirs of the late Prince Julian McLeod
Tallano. That
said late Prince have no surviving
heirs at all so the
subject land necessarily be reverted
to the
Government of the Republic of the
Philippines. But,
obviously, none of those above that
the Hon. Solicitor
General had succeeded to prove his
own allegations
by rebuttal evidences not even
single evidence.
Rather, they were trapped their
grand design
preserving for the interest of the
influential few,
when, the oppositor Benito Tallano,
father of the
intervenor, Mr. Julian M. Tallano,
in compliance to
the Order of the Court had
successfully presented
the vital witnesses in the persons
of Ex-President
and President of the Constitutional
Convention,
Hon. Diosdado Macapagal, and
Honorable Chief
Justice Roberto Concepcion,
Ex-Senator Benigno
Aquino, Assemblyman Lorenzo Tanada.
That the
Tallanos’ defense that they are
still physically living
and in existence becomes
indispensable to the
dispositions of the aforecited vital
witnesses.
A bit farther on we find two very
interesting
paragraphs:
And the greatest information of all
that divulged
for public interest but should be
observed with
highest secrecy of the subject
matter was the
disposition of former Secretary of
Justice Salvador
Marino before Atty. Epitacio
Sobejana (remember
the “Private Sheriff”?) that there
are group of Real
Estate Developers-Investors
responsible to
disenfranchise the credibility of
Land Title OCT No.
T-01-4. The disposition reads as
follows:
That there are group of developers
who have
vested interest responsible to
discourage and
oppose the authenticity of OCT No.
T-01-4, the
Land Title of the whole
archipelago....
In a country wherein a lot of its
“justice” seems
to be “for sale”, those with money
to pay bribes to
obtain fake land titles, and to
delay and/or win cases
when challenges are brought, grab
the land to develop
and sell to get more money to pay
more bribes to get
more land. An honest Judge can
become the laughing
stock of his peers and find himself
ostracized in his
own “club”. Two of the Judges in
this case, 3957-P,
have stood tall and surely deserve a
place among the
greatest of Philippine heroes. They
are Enrique A.
Agana and Sofronio G. Sayo. Whether
the current
Judge on the case, Ernesto A. Reyes,
can join them
is not yet determinable, at least
not from a journalist’s
position.
9. November 4, 1975, Court Decision
rendered by late Judge Enrique A.
Agana.
In this particular decision Judge
Agana ruled
favorably on the motion of the
Principal Intervenor in
the name of Anacleto Madrigal
Acopiado praying for
the issuance of Clarificatory
Decision with an order for
the Administrative reconstitution of
the lost owner’s and
duplicate copies of TCT 408.
10. January 19, 1976, Clarificatory
Decision
issued by late Judge Enrique A.
Agana.
The court ordered: “B) That the National
Treasurer, the Central Bank of the
Philippines and the
Land Bank of the Philippines should
undertake and
release the disturbance compensation
and
compensatory damages amounting to P2
Billion in cash
which are evidenced by Land Bank
Bonds with
interim Certificate Nos. 180, 180-1,
180-2, 180-3, 180-
4 series of 1968 with earning
interest of 7 percent per
annum in the amount of
P400,000,000.00 each to be
matured in August 14, 1978, the
payment of P2 Billion
pesos disturbance damages in favor
of the intervenor
to be taken from the assurance funds
of the
government which shall be secured by
the Land Bank
Bonds covering the interim
certificate, said payment
shall be due to the intervenor and
not to the heirs of
Don Mariano San Pedro y Esteban, the
court has also
ordered the intervenor to establish
a Foundation in the
name of Don Esteban Benitez Tallano
and Don
Gregorio Madrigal Acop to pursue the
objectives of
the landowner to preserve the estate
for the interest
of the Filipino people. [As of
February 14, 2003 the
amount due is calculated to be
40.705 billion pesos.]
“C) Commanding the NBI, INP, the
Metrocom and
the Philippine Constabulary and the
succeeding Law
Enforcement Authorities to Enforce
this Orders and
Arrest all occupants unlawful
detainers either
government or private persons or
Corporation or their
Associates, or employees which were
declared
violators of PD772...”
11
.
May 4, 1979, Sheriff Return
signed by
Atty. Jose E. Ortiz, Jr. Clerk of
Court of RTC Branch
111, Pasay
City dated.
[A Sheriff Return is the
Sheriff’s report of what was
accomplished pursuant to
a Writ of Execution.]
In compliance with the Writ of
Execution dated
09-10-74 the execution of recovering
properties
covered by TCT Nos. 408 and 498 had
been
implemented as witnessed by the Metrocom
and
Integrated National Police.
12. May 28, 1989,
Order of Third Alias Writ
of Execution, Possession and
Demolition
with
Dismissal to Motion for Relief of
the National
Government issued by former Judge
Sofronio G. Sayo.
[From
BLACK’S LAW DICTIONARY
, Sixth Edition,
1991, Alias Writ of Execution is
defined as, “One issued
after first has been returned
without having accomplished
its purpose. A second writ of
execution issued to
enforce a judgment that was not
fully satisfied by the
sheriff acting under the first or
original writ.”]
The motion for reconsideration of
the government
took 13 years, a means of dilatory
tactics to defeat
the motion of the intervenor to file
the motion for
issuance of third alias writ of
execution wherein the
Solgen failed to file its motion
within the time frame to
prove their allegation, hence the
government lost the
case and their motion for relief had
been denied, and
the motion of the intervenor was
granted, the private
sheriff had been appointed by the
court and had been
ordered to repossess all subject
lands covered by OCT
01-4 and TCT Nos. 408 and 498.
13. October 9, 1989,
Partial Compliance with
Sheriff Certificate of Return
signed by Atty. Jose
E. Ortiz, Jr.
In compliance with said court order
the sheriff had
implemented the writ and as a result
land areas
enumerated in the sheriff return
located in greater
Manila and its suburbs, including
some areas in the
provinces of Rizal, Bulacan, Laguna,
Cavite, Tarlac,
and Baguio City, about 15,000
hectares more or less
had been recovered and turned over
and reconveyed
to Julian M. Tallano.
14. March 3, 1995, Order of 4
th
Alias Writ of
Execution
signed by former Judge Sofronio G.
Sayo.
The 4
th
order of writ of execution was
granted by
the court in favor of the intervenor
Julian M. Tallano.
Because the government was again
employing dilatory
tactics, it was penalized by the
court by being assessed
damages amounting to P500 million
cash against the
national government and its National
Treasury office
and the intervenor is also entitled
to another P500
million damages against the
government in shares of
stocks of the government controlled
corporations.
Again the Register of Deeds of the
provinces of
Bulacan and Rizal were ordered to
reconstitute TCT
Nos. 498 and 408 respectively.
15. July 7, 1997, Court Order
signed by Judge
Ernesto A. Reyes.
In the petition for reconstitution
the court copy of
the decision dated November 4, 1975
was destroyed
when the city hall of Pasay was
gutted by fire January
18, 1992. It was established that a
copy of said
decision had been received by
Solicitor Dominador
Cariaso, hence the court ordered and
declared that said
decision was reconstituted.
16. February 2, 1998, Court Order
signed by
Judge Ernesto A. Reyes.
The intervenor represented by the
counsel of
Anacleto Acopiado filed a motion for
the issuance of
a court order to register a portion
of land covered by
TCT 408. Said motion was denied for
lack of merit for
reason that unless said TCT 408 is
reconstituted that shall
be the time to segregate portion of
its land area
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