DENR-Cebu-Banlasan

8/3/2019 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.

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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


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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


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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


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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


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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


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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


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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

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DENR-Cebu-Banlasan