Land Grabbing: 1. Ayala loses 6.8 hectare Las Pinas prime property in Supreme Court ruling 2. Ayala Yulo Villar lose in Santa Rosa

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Villar-Ayala-Yulo lose Sta. Rosa Laguna LANDGRABBING Case

Real estate giants Villar, Ayala and Yulo lost a 430 hectare LANDGRABBING case in Sta. Rosa, Laguna. Only the Villar side (that got 50 hectares out of the disputed 430 hectares) filed and lost on appeal while Ayala and Yulo stood aside to wait for the decision which also affects their separate but adjacent land claims.

The final verdict was promulgated in February of 2016 but then Aquino Administration Department of the Environment and Natural Resources Secretary Paje did not release the landmark decision. With the assumption of the Duterte Administration last June 30, 2016 and a new DENR Secretary in the person of Gina Lopez, the ancestral owners of the contested land are confident that JUSTICE will prevail. The long-standing dispute has resulted in the LOSS of LIVES on the side of farmer families who have always denounced FAVORITISM on the part of government land officials, local government unit executives and the police. The real estate moguls have resorted to physical violence and legal harassment in the form of filing endless frivolous case in the barangay and municipal levels.

Sta. Rosa, Laguna has grown into a prime suburban development area with the old industrial factories now side-by-side with plush subdivisions. The greatest impact of the adverse decision against the developers is the question of whether the REAL OWNERS would take PHYSICAL CONTROL of the mall, retail and office areas as well as high-end houses that are already occupied by the unsuspecting “BUYERS” who have paid, in part or in full, for their properties. Developers, of course, have the option to purchase the land that they have already improvedand absorb huge losses in exchange for peace of mind. Otherwise, they stand to be deluged with lawsuits as well as TARNISHING their CREDIBILITY which may affect future sales in their many other projects.

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LANDMARK RULING OVER TORRENS TITLES

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Ayala Land loses in Las Piñas land dispute
By JOMAR CANLAS, The Manila Times

October 2, 2017

The Supreme Court has ruled against Ayala Land, Inc.’s claim of ownership over a large tract of land in Las Piñas after finding that the corporation’s title bore erroneous land survey details.

In a 30-page decision dated July 26 but released only recently, the court’s 2nd Division granted the petitions filed by the spouses Yu Hwa Ping and Mary Gaw as well as the heirs of the spouses Andres Diaz and Josefa Mia.

It found that the numerous errors in the land survey affected the validity of the titles from which Ayala Land’s own title was derived.

Typically, a genuine land title cannot be assailed and is considered conclusive proof of ownership. In this case, however, the court came up with the exception to the effect that blatantly erroneous surveys could be cited as a ground to invalidate a title.

“To allow these certificates of title in the registration books, even though these were sourced from invalid surveys, would tarnish and damage the Torrens system of registration, rather than uphold its integrity,” the SC said.

It added: “Good faith must concur with registration because, otherwise, registration would be an exercise in futility.”

The decision was penned by then Associate Justice Jose Catral Mendoza and concurred in by Associate Justices Antonio Carpio, Diosdado Peralta, Marvic Leonen and Samuel Martires.

The property is situated inside Ayala Southvale in Las Pinas City, which was converted into the golf course of Southlinks and a materials depot.

The case stemmed from a suit filed by the spouses Yu to recover ownership over the land claimed by Ayala Land.

The property was originally owned by the spouses Diaz until it was transferred to the spouses Yu in whose favor two land titles were issued in 1993 and 1994.

However, CPJ Corp., which allegedly had an interest over the land, transferred its interests to several entities. Eventually, Ayala Land supposedly acquired a consolidated interest over the property.

A trial court earlier ruled that the Diaz spouses committed fraud when they applied for the original registration of the property without informing other interested parties such as CPJ Corp.

Ayala Land had the property fenced and prevented the Yu spouses from occupying the land. The corporation also had land titles issued in its name with technical descriptions overlapping with the properties being claimed by the Yu spouses.

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SC voids Ayala Land’s ownership of prime lot in Las Piñas

The property developer says it has filed a motion for reconsideration following the Supreme Court ruling that it is not the rightful owner of a 6.8-hectare lot in Ayala Southvale
October 2, 2017

MANILA, Philippines – Property giant Ayala Land Incorporated (ALI) lost control of a 6.8-hectare lot of prime land in Las Piñas City following a ruling by the Supreme Court (SC).
The SC, in a ruling issued last July but made public on Monday, October 2, denied ALI’s right to ownership of the lot and declared petitioners Yu Hwa Ping and Mary Gaw, as well as the heirs of Andres Diaz and Josefa Mia, as the rightful owners.

The 6.8-hectare lot, which houses the Southlinks Golf Club and materials depot, is located inside ALI’s Ayala Southvale Village in Las Piñas City.

Ayala Corporation, ALI’s parent firm, acquired the property from Goldenrod Incorporated and Pesala in 1988. ALI gained ownership of the land after its merger with Las Piñas Ventures Incorporated in 1992.

The SC made its decision based on invalid surveys done to register the land nearly 90 years ago.

In coming to the decision, the SC ruled that, “When a land registration decree is marred by severe irregularity that discredits the integrity of the Torrens system, the Court will not think twice in striking down such illegal title in order to protect the public against unscrupulous and illicit land ownership.”

In the Torrens system, transfer of land ownership is done by transfer of land registration rather than by deeds.

Motion for reconsideration
In a disclosure to the Philippine Stock Exchange (PSE) on Monday, ALI said it filed a motion for reconsideration on September 28.

The primary grounds for the appeal, said ALI, include the following:
“ALI’s titles can be traced back to Original Certificates of Titles (OCT) that were issued decades prior to the OCTs from which the claimants’ title came from. In particular, ALI’s titles are traced back to OCTs issued in 1950 and 1958 whereas the claimants’ titles are traced back to an OCT issued in 1970.”

“Claimants’ predecessors opposed ALI’s application and participated, but lost, in the original land registration proceedings which led to the issuance of decrees for registration in favor of ALI’s predecessors. Thus, claimants are barred by prescription, laches and res judicata.”

ALI purchased the properties after an examination of its derivative titles which on their face do not indicate any defect or flaw, thereby making ALI an innocent purchaser for value.

ALI also pointed out that “it had conducted an investigation of titles to the properties and had no notice of any title or claim that was superior to the titles purchased by ALI.”
As such, the property developer believes that “its titles are superior to the claims of these adverse claimants.”

ALI said it does not expect the legal battle to have “any material effect on [its] business, operations, and financial conditions,” since the lot is less than 1% of its total land bank of 9,852 hectares. – Rappler.com

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Ayala Land loses prime Las Piñas lot in SC ruling

By: Marlon Ramos – Reporter Philippine Daily Inquirer

October 02, 2017

Property giant Ayala Land Inc. (ALI) has lost ownership of a prime 6.8-hectare lot in Las Piñas City, which it had converted into a golf course and materials depot.

In a 30-page ruling, the Supreme Court (SC) nullified ALI’s right to possess the property as it declared petitioners Yu Hwa Ping and Mary Gaw, and the heirs of Andres Diaz and Josefa Mia, as the rightful owners of the disputed land.

The landmark decision, penned by then SC Justice Jose Mendoza, recognized that irregularities could accompany the registration of land and must be nullified to protect the public and the Torrens system.

The high court’s Second Division voided ALI’s land titles for the property, which was located inside Ayala Southvale Subdivision, after concluding that the land surveys made to register it nearly 90 years ago were invalid.

“The court cannot close its eyes to the blatant defects on the surveys upon which the original titles of ALI were derived simply because its titles were registered,” the tribunal said in its July 26 decision, which was made public only recently.

Torrens system
“When a land registration decree is marred by severe irregularity that discredits the integrity of the Torrens system, the court will not think twice in striking down such illegal title in order to protect the public against unscrupulous and illicit land ownership,” it stressed.

In voiding ALI’s right to possess the land, the court reiterated that registration was “not a mode of acquiring ownership” of a property and that securing a certificate of title “merely confirms or records title already existing and vested.”

“The indefeasibility of a Torrens title should not be used as a means to perpetrate fraud against the rightful owner of real property. Good faith must concur with registration because, otherwise, registration would be an exercise in futility,” it ruled.

Ayala Corp. acquired the property from Goldenrod Inc. and Pesala in 1988.

Four years later, ALI became its new owners after its merger with Las Piñas Ventures Inc.

The controversial piece of real estate is inside Ayala Southvale in Las Pinas City, which ALI converted into the Southlinks golf course and a materials depot.

Lawful owners
But the petitioners, who bought the land in 1993, separately questioned ALI’s ownership claims in 1995 and 1996 before the Regional Trial Courts of Pasig and Las Piñas, respectively, which eventually recognized them as lawful owners.

ALI then brought the case to the Court of Appeals, which ruled in its favor in 2006 after filing a second motion for reconsideration.

Other justices who concurred with Mendoza were Associate Justices Antonio Carpio, Diosdado Peralta, Marvic Leonen and Samuel Martires.

Malacanang investigates Quezon City for Illegal Termination of employees and consultants

qc 2016 bistek joy yellows

The Office of President Duterte thru the Office of Executive Secretary Medialdea, on July 5, 2019, endorsed for evaluation and appropriate action the complaints of several concerned employees of the Novaliches District Hospital, managed by the local government unit of Quezon City.

Fifteen COS (contract of service) employees and seven consultants were unceremoniously informed on July 1, 2019 that their contracts would no longer be renewed. July 1 was the first day of office of senators, representatives, governors, vice-governors, provincial board members, mayors, vice mayors and councilors. In Quezon City, Mayor Joy Belmonte assumed office and her appointed Novaliches District Hospital Medical Director, with the name of a certain Doctor Aldana, also on his first day to return to that position, promptly issued walking papers to the twenty-two. Said memorandum of the Medical Director was in direct conflict to the pronouncement of the new mayor that no contract of service would be terminated.

Analysis: The Office of the Mayor of Quezon City proclaimed that it has the sole prerogative of hiring and firing as far as city employees are concerned. If that is the case, then on whose authority did the Novaliches District Hospital Medical Director issue the termination memorandum? A grave abuse of authority/discretion case against the Medical Director is a legal option available to the aggrieved parties. Aside from that, how come it has taken weeks to start an investigation to the detriment of hospital patients and services? In the same span of time the City of Manila has progressed by leaps and bounds under the able leadership of new Mayor Isko Moreno. On the other hand, Quezon City is being left behind on the garbage clearing and road obstruction (illegally parked vehicles and vendors taking over sidewalks and streets) fronts.

 

QC Mayor making excuses for illegal use of sidewalks and garbage in the middle of the street

Mayor Joy Belmonte is rationalizing the illegal vendors occupying the sidewalks of NIA Road instead of ordering the clearing of the sidewalks so that people can use them. Take note that there is also garbage in the middle of the street.

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Joy Belmonte seeks win-win solution for motorists, vendors in QC

But promises not to block programs of the national government

Gabriel Pabico-Lalu / Inquirer

July 29, 2019

MMDA to look into possible ‘window hours’ for provincial buses on Edsa

Buses from provinces in Northern and Southern Luzon will soon be banned from plying Edsa as their terminals along Metro Manila’s busiest road will be closed to ease traffic congestion. (Photo by NIÑO JESUS ORBETA / Philippine Daily Inquirer)

MANILA, Philippines – Quezon City Mayor Joy Belmonte has been considering various opinions in fixing her city’s road obstruction problems to arrive at a “win-win” situation between motorists and street vendors.

Belmonte bared this at a meeting of Metro Manila mayors at the Department of the Interior and Local Government (DILG) office on Monday in reference to reports that vendors removed along NIA Road in Diliman had returned.

“Actually, I had already talked to those who returned to NIA Road,” Belmonte, speaking in Filipino, told reporters on the sidelines of the meeting. “They have places to live in, but they go out to make a living. So we’ll see. NIA Road is wide enough as it is.”

“The problem is they’ unsightly. They’re an eyesore,” she added. “So what I plan for them is to give them proper stalls, even if I have to give them myself, so they could sell in the area because I don’t think they are an obstruction given the wideness of the street.”

Last Thursday, July 25, Interior Secretary Eduardo Año ordered Metro Manila mayors to clear their streets of obstructions within 60 days, starting today, Monday, July 29.

Año issued the order on the instruction of President Rodrigo Duterte, who tasked the DILG with penalizing mayors who refuse to clear roads that cause heavy traffic.

But even with her own programs at hand, Belmonte said she would cooperate with the President and gave the assurance that she would not prevent the national government and other agencies from implementing their own programs.

Belmonte to QC dwellers: Exercise conscious efforts to conserve water

Quezon City Mayor Joy Belmonte. (File photo by RYAN LEAGOGO / INQUIRER.net)

“But if the MMDA [Metropolitan Manila Development Authority] would tell me that I could not do one thing, we’d look for another solution,” she said. “The people are open to dialogue. The problem is that we have judged them already, that they would not understand. But when I talked to them, they said they understood.”

Belmonte also said that this formula would also apply to the impending ban of provincial buses along Epifanio de los Santos Avenue (Edsa).

Several provincial bus terminals are located on both sides of EDSA, particularly in Cubao, near Quezon Avenue and Kamuning Avenue.

“As I said when I was given the notice, I would have all the terminals shut down. I can do that,” Belmonte said. “Well, there are some options that were presented — such as the point-to-point buses, which they said they would increase.”

“So I would like to continue dialoguing with the people so we could come up with sustainable solutions to the problems,” she added. “I’m a very participatory leader. But at the end of the day, I don’t want to be a hindrance to the programs of our President.”

She said that she would use this formula — even if she would draw flak from the media or other stakeholders.

“We will do this with the police… But you know, I wanted to try to do it first without the police,” she said. “We will do whatever we can. For me, the important thing is planning.”

“So to those criticizing me: You want me to act fast. But I’m a planner. I’m a strategist. The plan has to in order. We have to take baby steps every week to accomplish it in 60 days.”

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QC Mayor umamin sa KAKUPARAN

Walang plataporma. Walang programa.

Katawatawa ang pahayag ni Quezon City Mayor Joy Belmonte sa pagsabi na hindi raw naman siya nagmamadali dahil mahaba naman ang termino niya para makagawa ng kabutihan para sa lungsod. Hindi niya yata nahalata na isang rason kung bakit nabisto na wala siyang nagawa ay sapagkat sa sandaling panahon na tatlong linggo, sangkatutak na ang naipatupad sa Lungsod ng Maynila. Habang si Manila Mayor Isko Moreno ay tumatanggap ng maraming pagpuri kaugnay ng paglinis ng mga kalsada mula sa nakabarang mga nagtitinda, ang Quezon City naman ay kulang sa pagkilos laban sa basura, nakaparadang sasakyan, maruming palengke at mga sagabal sa mga kalsada.

Maliwanag na walang programa ang bagong mayora sapagkat kung mayroon, bakit hindi niya isiniwalat sa madla para malaman ng lahat kung ano ang mga plano niya at kung saang larangan magkakaroon ng paglilinis o pagbabago.

SWS – Leni drops 14 points for 2nd Quarter 2019

SWS: Leni’s ratings fall from ‘very good’ to ‘moderate’
Helen Flores (The Philippine Star)

July 25, 2019

MANILA, Philippines — The net satisfaction rating of Vice President Leni Robredo dropped by 14 points in the second quarter of the year, according to the latest Social Weather Stations (SWS) survey.

Former speaker Gloria Macapagal-Arroyo also experienced a three-point drop in her net satisfaction score, while Senate President Vicente Sotto III’s and Chief Justice Lucas Bersamin’s scores hardly moved.

The nationwide survey was conducted from June 22 to 26, using face-to-face interviews with 1,200 adults, 18 years old and above.

Almost six in 10 or 57 percent of adult Filipinos expressed satisfaction with Robredo’s performance against 29 percent who said otherwise, for a net satisfaction score of +28, classified by SWS as “moderate.”

This was down from a “good” +42 (63 percent satisfied, 21 percent dissatisfied) in March 2019.

It stayed at moderate +14 in Metro Manila. Robredo’s rural net satisfaction declined from very good +50 to good +41.

Her urban net satisfaction dropped from good +30 to moderate +12.

The Vice President also posted double-digit declines in her net satisfaction ratings in all basic socio-demographics, except for the single-digit changes among class E (down from +50 to +42), 18-24 year olds (up slightly from +29 to +30) and college graduates (up from +6 to +13).

Sotto, meanwhile, has retained his “very good” net satisfaction rating, although down by a point from +61 (71 percent satisfied, 10 percent dissatisfied) to +60 (72 percent satisfied and 13 percent dissatisfied).

In Metro Manila, Sotto’s net satisfaction rating rose to +68 in June from +57 in March, both classified as very good.

It stayed very good in the Visayas, up from +60 to +63. His ratings also remained in very good territory in Mindanao, although down from +58 in March to +50 in June. It also stayed very good in the rest of Luzon, despite dropping from +65 +60.

Sotto’s net satisfaction score in rural areas dropped a point but was still very good from +61 in March to +60 in June.

His urban net satisfaction also stayed very good, although down slightly from +62 to +60.

SWS said the Senate President posted single-digit changes in his net satisfaction ratings across basic socio-demographics, except for the double-digit declines among the 25-34 year olds (from +65 to +52) and college graduates (from +51 to +40).

Arroyo registered a final net satisfaction rating of poor -20 (29 percent satisfied and 49 percent dissatisfied), down from the poor -17 (29 percent satisfied, 46 percent dissatisfied) in March.

Her net satisfaction score stayed poor in balance Luzon, down from -14 in March to -21 in June.

It stayed bad in Metro Manila, dipping to -43 from -39. However, it improved from poor -12 to neutral -9 in the Visayas.

It stayed poor in Mindanao, up slightly from -13 in March to -12 in June.

Urban net satisfaction with Arroyo dropped from poor -26 to bad -33.

Her rural net satisfaction stayed at poor -10 between March and June.

The former president recorded single-digit changes in her net satisfaction rating across basic socio-demographics, except for the double-digit changes among class E (up from -22 to -3), among non-elementary graduates (up from -15 to net zero), and among college graduates (down from -9 to -21).

In the case of Bersamin, his overall net satisfaction rating stayed at moderate +13 (37 percent satisfied and 24 percent dissatisfied) from +14 (34 percent satisfied, 20 percent dissatisfied) in March.

His net satisfaction score rose by two grades from poor -11 to moderate +13 in Metro Manila.

It went up to +21 from +16, both classified as moderate, in the Visayas.

It stayed moderate in balance Luzon, although down from +25 in March to +14 in June.

The Chief Justice’s net satisfaction rating fell from moderate +10 to neutral +6 in Mindanao.

Rural net satisfaction with Bersamin stayed moderate, down a point from +16 in March to +15 in June.

His net satisfaction score in urban areas also stayed moderate, down slightly from +12 in March to +11 in June.

SWS found single-digit changes in Bersamin’s net satisfaction rating across basic socio-demographics, except for the double-digit changes among the 18-24 year olds (down from +30 to +11), the 35-44 year olds (up from +10 to +29) and college graduates (down from +20 to +9).

The net satisfaction rating of the Senate stayed very good at +63 in June, up slightly from +62 in March.

The House of Representatives’ net satisfaction score hit +48 in June from +47 in March, classified as good. The figure was a new record-high.

The Supreme Court also obtained a new record-high net satisfaction rating of +54 in June from +50 in March, both considered as very good scores by the SWS.

The Cabinet’s net satisfaction rating rose from good +44 in March to very good +51 in June.

The SWS June 2019 poll has a margin of error of plus or minus three percentage points for national percentages.

 

Anyare? Pacman split decision win

Bagamat ang buong Pilipinas ay nagagalak sa pagkapanalo ng Pambansang Kamao, marami pa rin ang hindi makuhang maisip kung papaano natalo si Pacman sa pananaw ng isang hurado. Napatumba ni Senador Manny si Thurman sa first round at tinamaan ng sobrang sakit si Thurman sa round 10, so nangangahulugan na maski may lamang si Pacquiao sa dalawang rounds, lumalabas na talo siya doon sa maraming mga ibang rounds. Kung gagamitin natin ang lohika nuong huradong nagsabing talo si Pacquiao, malamang kung walang first round knockdown, baka naging patas o talo rin si Pacman sa dalawang huradong nagsabing panalo siya. Sa isang larawan tumilansik ang dugo ni Thurman at kung mga mukha lang nila ang pagbabasihan matapos ang laban, halatanghalata naman kung sino ang bugbog sarado.

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Manny Pacquiao beats Keith Thurman in split decision for welterweight crown

The 40-year-old set the tone by flooring Thurman in the first round with a straight right hand and won the 12-round bout on a split decision to become the oldest welterweight champion in history.
Pacquiao seemed to have the clear advantage Saturday but one ringside judge, Glenn Feldman, gave the 30-year-old American a 114-113 advantage.
Dave Moretti and Tim Cheatham, though, both scored it 115-112 to Pacquiao.
Thurman lost for the first time (29-1) while Pacquiao collected a 62nd victory (62-7-2) and said it wouldn’t be his last fight, either.
On Saturday, Pacquiao’s quick start rattled Thurman, who recovered in the middle rounds and even punished his opponent in the ninth.
Pacquiao, though, responded in the 10th round with blows to the body and Thurman couldn’t produce the big finish he realistically needed in the 12th.
“It was fun,” Pacquiao, a titlist in a remarkable eight different weight classes in his career, told the crowd. “My opponent is a good fighter and boxer. He was strong.
“I think he did his best, and I did my best. I think we made the fans happy tonight because it was a good fight.”
Thurman, slowed by hand and elbow injuries in recent years, said Pacquiao just had too much for him.
“I wish I had a little bit more output to go toe to toe,” he said. “My conditioning, my output was just behind Manny Pacquiao’s tonight.
“Tonight was a blessing and a lesson.”