CA-G.R. SP No. 70014 2. RESOLUTION In view of the submission of the NBI Report, the pleadings filed by the parties relative to the fact-finding investigation have been rendered moot and academi¢. WHEREFORE, this petition for annulment of judgment is set for pre-trial on September 7. 2005 at 10:00 0° clock in the morning at the Hearing Room, Ground floor, Annex 1(B) of this Court. The parties are advised to define, simplify and clarify the issues for determination, to consider the possibility of obtaining stipulations or admissions of facts and documents to avoid unnecessary proof, and to state the name of their witnesses. if any, and the substance of their respective testimonies. The Division Clerk of Court is directed to turnish copies of the NBI Report to the parties, through counsel. SO ORDERED. (Mtg rn MARINA L.’BUZON Associate Justice WE CONCUR: ELIEZER R. DE LOS SANTOS IAKIM 'S. ABDULWAHID Associate Justice Associate Justice OR. No, M47) OR. No. pam eya) Republika ng Pilipinas f (Repubte ofthe Piulipines) j i) Kagawaran ng Katarungan a (Departasat of Justice) PAMBANSANG KAWANIHAN NG PAGSISIYASAT (NATIONAL BUREAU OF INVESTIGATION) ” Maynila idee 40 esse “ ae & 1 Indorsement S 24 May 2005 (vu = » Respecifully rélurned to the Hon. Ally, MANUEL U. CERVANTES, Division Clerk of Court, Former Second Division, Court of Appeals, Manila The Honorable Division's Resolulion dated 10 March 2004 together wilh a copy of the Agent's Report (and ils annexes) on (he fact finding investigation conducted on ALAN M. TALLANO, ANACLETO MADRIGAL ACOPIADO and ANACLETO MADRIGAL ACOP, for his honor’s information and guidance. Gen. E RSAILCA/sIb RT OF APPEA 4 unten RECORDS? ayvistN SS i PY. MANUEL U. CERVANTES Lnesisn Cietk of Court CA.d L244 fp) Tene eopet CERTIFIED TRUE COPY: MANUEL U. CERVANTES aan Division Clerk of Court |rn nr Compliaiice and opposition also m accordance wiih the order of the above mentioned court, to prove the identity of JULAIN MORDEM TALLANO, wate found to be duly executed and authenticated documents As (0 the identities of ANACLETO MADRIGAL ACGOP and ANACLETO MADRIGAL ACOPIADO, Ally. BENIGNO M. PUNO and ROMEO C CAMPOS, counsel and alturney-in-fact for Tala Esiale, fespectively, were silent abou the whereabouts and ids y of ANAGLETO MADRIGAI. ACOP and/or ANACLETO MAORIGAL ACOPIADO Alfidava executed by Ally. FERNANDO V DOMINGO counsel for the TALLANO and ACOP Estate in the Eschealment case filed by the Republic of the Philippines and ROMEO P. BRAVO apparently show the existence of ANACLETO MADRIGAL ACOP In fis Affidavil, JOSE C. CRISTOBAL avers’ that there are no such persons by the name of ANACLETO MADRIGAL ACOPIADO and GREGORIO MADRIGAL ACOPIADO bul only ANACLETO MONTANEZ ACOPIADO, the falet of ROBERTO P. ACOPIADO. who was nieiely 2 recipient of a 66 heclares of land allocated by the Greal Greal Grand Father of Prince JULIAN MORDEN TALLANO, the lale Don GREGORIO MADRIGAL ACOP, with the Sonsent of then Don ESTEBAN BENITEZ TALLANO in order to offsel the amount of Php Million Pesos in the form of donation fer housing purposes of 10,000 Members of Sugai Farmers and Workers Association of BISUDECO which was intsappropriated by EDMUNDO CEA this was corroboraled by the affidavit executed by ROMEO P. BRAVO Ally. MELICIO VIRGILLO V. EMATA, ~Counsel of ROBERTO P ACOPIADO, one of the heirs of deceased ANACLE[O MADRIGAL ACOPIADO, submilled several copies of public documents in conipliance wilh the Resolutions of the Couil of Appeals dated 10 Mach 2004 and in Support of the identity of his tlenls However, said documents, when verified with the issuing government offices, as well as wilh the official Geposiory of said public documents, were shown not !o be recorded or filed, except for the altered Certificate of Death of ANACLETG MADRIGAL ACOPIADO. Il was also discovered thal the alleged local Civil Registrar named PETER Y SAMSON appearing in the birth ceilificate of ROBERTO P. ACOPIADO and the alleged priest named Rev TAN PETER V. SAMSON, who Supposedly solemnized the marriage of ANACLETO M. ACOPIADO and TRINIDAD H. PUDENCIO were probably fictitious cerlfied by FE C_ LAVENDERO. Municipal Registrar of Minalabas, Camarines Su. LAVENDERO aiso averted thal ANEL BORJA was the Local Civil Registrar and Municipal Treasurer assigned during Ital tine Furthermore, Parish priest al that lime was Rev. Fr GILLERMO SANTIAGO. CERTIFIED TRUE copy. MANUEL U. CERVANTES, Division Clerk of Coust Court of Appe=! fs3 The Deed of Absolute Sale allegedly executed by spouses ANACLETO MADRIGAL ACOPIADO and TRINIDAD PUDENIA end spouses JULIAN MORDEN TALLANO and EMMA ALPUER1O TALLANO, in favor of RPA Land and Development Corp. represented by ils Chairman ROBERTO P. ACOPIADO, daled 1 February 1993, was claimed by JULIAN MORDEN TALLANO to have nol been consummated for failure to deliver the required consideration in the form of Iransferring the required shares of stocks in the amount of Php 290,191,768, and conliiued as a mete simulated sale. Furthermore, JULIAN MORDEN TALLANO claimed thal the signature appeating above his name in the said Deed of Absolute Sale is not his signature The only avialable documentary evidence to establish the existence of ANACLETO MADRIGAL ACOPIADA is the allered Death Certificate issued by the Local Civil Registrar of Taguig, Metro Manila on 26 November 1994 REMARKS/RECOMMENDATION. Agenl-on-case concluded that based on lhe above-findings. Subject JULIAN MORDEN TALLANO. the intervenor in the case of Republic of the -Philippines vs. Regional Trial Court, Pasay Cily, Branch 111, et al., and Prince JULIAN MORDEN TALLANO, the alleged Real Parly-in-interest in the above case are one and the same person As to the identily of ANACLETO MADRIGAL ACOPIADO, the only available evidence lo establish . his allaged existence is the altered Dealh Centificale issued by Ine Local Civil Registrar of Taguig, Metro Manila on 28 November 1994 Piemises considered, it is respectfully recommended thal case records be fied wilh our IRD, and that, Requesting Partly be mformed accordingly / MA Atha M sancic Chief, Gen. Progecution Sec Woled by | a 4 ROBERTO-S. DE ALBAN Chef, LED ténisio Copy furnished DDsIs Altn: BID an CERTIFIED TRUE COPY: O1 HAKGIO)y pap, (ead JP7 7 MANUEL U. CERVANTES Division Clerk of Court Court of Appeals ASNATIONA AU OF INVESTIGATION DISPOSITION FORM Bhi Dn To: yore) = (9¢) FROM: DDSIS ! parr fis COA OH Re 7CA =GR GP Ro. BRE Saag PEE ANE D5 Br, eae ia N AND REPORT. Me OCD) Ul ti/o (] Fow re. CERTIFIED TRUE COPY: MANUEL U. CERVANTES n Cierk of Court Court of Appeals rN | CMB LILI BE /. , AP 3845p TEEBUREAU OF INVESTIGATION Fer septopemi eae et Foe your infor: th io) i il {| Fox investigation ane report a Foe exxinati | [For record check {| Foe pelyarah st |) Sead records porar CERTIFIED TRUE COPY: Division Clerk of Court Court of Appeals | AS Pe3tgorBI Form 19 NATIONAL BUREAU OF INVESTIGATION DISPOSITION FORM When answering please referto -—:| SECURITY CLASSIFICATON (IFANY) | Correspondence Entry No. | | pee | f FILE NO: SUBJECT/S: | | For: DDSIS From: Atty. F.C. CANLAS Date: 16 May, 2005 Ol.This has reference to the RESOLUTION of the Special Former Second Division, Court of Appeals, Manila, dated April 12, 2005 in the case Republic of the Philippines vs. Regional Trial Court, Pasay City, Branch 111, etc., et. al., wherein the National Bureau of Investigation is directed to submit its Report at the earliest possible time re: Fact-finding Investigation to determine the true identities of Julian _M, Tallano, Anacleto Madrigal Acopiado and Anacleto Madrigal Acop.(Annex "D"). 02.Thru channels, this was forwarded to the Undersigned for appropriate action ( Annexes “A”, “B” & °C"). 03.Per our records, the final disposition’ of the said case) was already submitted by the Undersigned on’ January 6, 2005 and received by your Office on even date. { s Forwarded for your information... Respectfully ‘submitted/reported: Atty. FLORENCIO C. CANLAS NOTED BY; iy HA ARNOLD L. LAZARO Chief BID Encls.; As stated. i ‘CERTIFIED. TRUE COPY: MANUEL U. CERVANTES 4 ivisit f Court 248 424606) = Division Clerk of = S@3. fit £9 Court of Appeals. [|S.+1t NAL BUREAU OF INVESTIGATION = DISPOSITION FORM bate: Cant oes : Ot; p/D pencris: Ov Oi a> 11 Jalan / Je wy Ci Tt ad If Peart! Ld feopk Pl CAG LAP _ Tt, CA P&E as or. [| Aon wvesneation anv ripox. APYROPRIATE ACTION. [ ] For sexvice Ro [J For evanuarion, (] Forms Ne 0. 0/894 80) CERTIFIED, TRUE COPY: JO 380g DEVO AOE MANUEL U. CERVANTES Division Clerkof Court Court of Appeals f S \Republic cf the Philippines . Jopiciary , 0." APPI SOUT _OF ! Republic of the Philippines Judiciary Accountable Form No. $1 (Revised January, 1992) ) rude B. MAGNO Cashier, Il Court of Anwals Courtine Orme Gi member and ate of hs receipe to We Back af eck ar money ener etn Date of Fresvary Warrant, Check, ry Warrant, Chech, Money Order Number Mosey Order Countetixe Ornicex NOTE: Writ (his receipt on thr back of treasury sarrant, check or money ender received.CA-G.R. SP Nos, 70014 and 104604 DECISION ‘owner's and duplicate reconstituted copies of TCT No. T-408 and TCT No. T-498 in favor of intervenors Jullan M. Tallano and Anacleto Madrigal Acop (herein private respondents JM Tallano and AM Acop). However, In the Decision dated November 4, 1975, the court a quo ordered the Register of Deeds of Rizal to reconstitute the lost owner's and duplicate copies of TCT No. 408 administratively in the name of Gregorio Madrigal Acopiado, with an annotation of a deed of sale executed by the latter in favor of his son, Anacleto Madrigal Acopiado (herein private respondent AM Acopiado). Anacleto Madrigal Acopiado was algo an intervenor In the petition for reconstitution of the Decision dated November 4, 1975, in view of the burning of the records of LRC/ Civil Case No, 3957-P when the Pasay City Hall was gutted by fire on January 18, 1992, which petition was granted in an Order dated July 7, 1997, On the other hand, Anacleto Madrigal Acop and Julian M. Tallano were the Intervenors in the reconstitution of the other portions of the records of sald case, which was granted in art Order dated July 11, 2001," (Underscoring and editing supplied.) Owing to the foregoing peculiarities and inconsistencies, this Court was constrained to direct the National Bureau of Investigation ("NBI") to conduct a fact-finding investigation to determine the true |dentities of “Julian M. Tallano,” “Anacleto Madrigal Acopiado,” and “Anacleto Madrigal Acop.” By agreement of the parties, the proceedings on the petition for annulment of judgment were suspended pending the termination of the NBI fact-finding investigation.” In its Disposition Form dated May 24, 2005,” the NBI made the following recommendation based on its findings: “(Based on the above findings, subject JULIAN MORDEN TALLANO (herein private respondent 3M Tallana), the [intervenor in the case of Republic of the Philippines vs. Regional Trial Court, Pasay City, Branch 111, et. al., and Prince JULIAN MORDEN TALLANO, the alleged (r)eal-(p)arty-in-interest in the above case, are one and the same person. ™ CA-G.R, SP No, 70014, Rollo, Vol, Vil, p. 4127-4128, 21d, at 4129, "CA-G.R. SP No, 70014, Rollo, Vol. IX, pp, 5053-5055, CaieetrteD xenog ophy ne oubitn Oe QAR Crd b AKWEDT, MACAPAOAL — | ‘ag it Mat oct OF AvFeAld VERIVLw bY: