DENR-Cebu-Banlasan
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Transcript of DENR-Cebu-Banlasan
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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURTSEVENTH JUDICIAL REGIONBRANCH _____
CEBU CITY
REPUBLIC OF THEPHILIPPINES, represented bythe Regional Executive
Director of the DEPARTMENTOF ENVIRONMENT ANDNATURAL RESOURCES(DENR),
Plaintiff,CIVIL CASE NO.
________- versus - For: Annulment of Title
and
ReversionGAUDENCIA BANLASAN ANDTHE REGISTER OF DEEDS OFCEBU,
Defendants.x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
C O M P L A I N T
PLAINTIFF, Republic of the Philippines, represented by
the Regional Executive Director, DENR-Region VII, Cebu City,
through counsel, to this Honorable Court, most respectfully
alleges:
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COMPLAINT
Republic v. Gaudencia Banlasan, et. al.
Page 2 of 8
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1. Plaintiff is a sovereign entity, with capacity to sue
and in whom absolute ownership of all lands of the public
domain is vested in the concept of jura regalia (Heirs of
Pendatun v. Director of Lands, 59 Phil. 600 [1934]). It
may be served with notices and other judicial processes
through its counsel, the Office of the Solicitor General (OSG),
with office address at 134 Amorsolo Street, Legaspi Village,
Makati City, Metro Manila.
2. Defendant Gaudencia Banlasan is of legal age and a
resident of Basak, Sibonga, Cebu with capacity to sue and be
sued and may be served with summons and other court
processes.
3. Defendant Register of Deeds of Cebu is impleaded
in his official capacity and may be served with summons and
other court processes at his office in the Capitol Building,
Cebu City.
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COMPLAINT
Republic v. Gaudencia Banlasan, et. al.
Page 3 of 8
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4. On the basis of Free Patent Application (FPA) No. (VI-
1)-4835-A of defendant GAUDENCIA BANLASAN for Lot No.
7613, Case 8, Cad. 315-D, covering an area of FOUR
THOUSAND FOUR HUNDRED NINETY SIX (4,496) square
meters, situated at Basak, Sibonga, Cebu (Annex A), and
upon her representation that she is entitled to a free patent
grant over the aforementioned lot, the then Secretary of
Agriculture and Natural Resources approved said application,
entered an order for issuance of patent and ultimately, issued
Free Patent (FP) No. 423906 (Annex B).
5. The aforesaid patent was transmitted to the
Register of Deeds of Cebu City for registration and issuance
of certificate of title pursuant to Section 122 of Act 4961 (now
P.D. 1529)2 and accordingly, Original Certificate of Title
(OCT) No. O-5446 (Annex C) was issued in the name of
Gaudencia Banlasan.
6. Upon subsequent investigation and verification
conducted by the Department of Environment and Natural
1 An Act to Provide for the Adjudication and Registration of Titles to Lands in the Philippine Islands.
2 Property Registration Decree.
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COMPLAINT
Republic v. Gaudencia Banlasan, et. al.
Page 4 of 8
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Resources, it was found out that the land covered by OCT No.
O-5446 is within Timberland/Forest Zone under Project 50-D,
per L.C. Map No. 2961, with Certification at the back dated 19
January 2000. The DENR Investigation and Verification
Report is attached as (Annex D).
7. Considering that the land falls within a forest land,
which is property of public domain, the same cannot be the
subject of disposition or registration (Vano v. Government
of P.I., 41 Phil. 161 [1920], Republic v. Intermediate
Appellate Court, 186 SCRA 88 [1990]). Needless to say,
such parcel of land remains and forms part of the public
domain which should be reverted to plaintiff, Republic of the
Philippines.
PRAYER
WHEREFORE, in light of the foregoing, it is most
respectfully prayed to this Honorable Court that after due
notice and hearing, judgment be rendered in favor of the
plaintiff:
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COMPLAINT
Republic v. Gaudencia Banlasan, et. al.
Page 5 of 8
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(i) Declaring FP No. 423906 and OCT No. O-5446 in the
name of Gaudencia Banlasan and all derivative titles
emanating therefrom, if any, null and void and of no legal
effect;
(ii) Directing defendant Gaudencia Banlasan to
surrender the owners copy of the Original Certificate of Title
(OCT) No. O-5446 to the Register of Deeds of Cebu City;
(iii) Directing defendant Register of Deeds to cancel OCT
No. O-5446 and all its derivative titles, if any;
(iv) Ordering the reversion of the land covered by said
cancelled titles to the land of the public domain; and,
(v) Enjoining defendant Gaudencia Banlasan to refrain
from exercising/asserting acts of possession or ownership in
the premises.
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COMPLAINT
Republic v. Gaudencia Banlasan, et. al.
Page 6 of 8
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Plaintiff further prays for such other reliefs and remedies
as may be deemed just and equitable under the premises.
Makati City for Cebu City, 26 August 2011.
signatories next page
OFFICE OF THE SOLICITOR GENERAL134 Amorsolo St., Legaspi Village
1229 Makati CityE-mail: www.osg.gov.ph
Tel. No. 8186301 (loc. 225 or 228)
JOSE ANSELMO I. CADIZ
http://www.osg.gov.ph/http://www.osg.gov.ph/ -
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COMPLAINT
Republic v. Gaudencia Banlasan, et. al.
Page 7 of 8
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Solicitor GeneralRoll No. 35072
IBP Lifetime No. 02819MCLE Exemption No. III-000920
ROMAN G. DEL ROSARIOAssistant Solicitor General
Roll No. 31603
IBP Lifetime No. 01862MCLE Exemption No. III-000962
JOSE V. COVARRUBIAS IIIAssociate Solicitor
Roll No. 53587IBP No. 862962, 4-7-11
MCLE Compliance No. III-0000883
VERIFICATION/CERTIFICATION
I, LEONARDO R. SIBBALUCA, of legal age, Filipino,after having been duly sworn in accordance with law, herebydepose and state that:
1. I am the Regional Executive Director of DENR-VII. Assuch, I have been authorized to initiate the filing of thepresent complaint for and in behalf of the DENR.
2. I have caused the preparation and filing of the
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COMPLAINT
Republic v. Gaudencia Banlasan, et. al.
Page 8 of 8
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foregoing complaint and have read and understood all theallegations contained therein, and the same are true and
correct of my own personal knowledge based on authenticrecord;
3. I/Plaintiff have not commenced any action or filedany claim involving the same issues in any court, tribunal orquasi-judicial agency;
4. If I/Plaintiff should thereafter learn that a similaraction has been filed or is pending, I shall report that fact to
this Honorable Court within five (5) days from knowledgethereof.
IN WITNESS WHEREOF, I have set my hand and affixedmy signature this _____ day of _______________, 2011 in_______________.
LEONARDO R. SIBBALUCA
Regional Executive DirectorDENR Region VII
SUBSCRIBED AND SWORN to before me this _____ dayof ____________________, 2011 in ____________________ withaffiant exhibiting to me his ____________________.
Notary Public