VICTOR AGUINALDO CA-GR SP NO.

03419-MIN

- versus – DENR Case No. 8259

VILLEGAS, et al and CITY

OF TAGUM, DAVAO DEL NORTE

TABLE OF CONTENTS
JULY 30, 2013/ ENTRY of JUDGMENT of the Decision of the Court of Appeals
dated January 31, 2013
CA- GR SP-03419 36
DENR CASE- 8259

JANUARY 31, 2013/Decision of the Court of Appeals/ 35

Dispositive Portion: wherefore, the petition is denied. The order issued by
the Secretary of the DENR dated December 16, 2009 is AFFIRMED.
CA- GR SP-03419

MARCH 09, 2012/ Certification/ DENR 34

…that this Office has not received a Notice of Appeal by the aggrieved
party

MARCH 14, 2012/ DENR of the MEMORANDUM 33

Subject: Request for a certificate of finality of the order dated December
16, 2009

JANUARY 29, 2010/Letter from Mendez, Pangapalan and Associates Law Firm/
In behalf of the heirs of NASOL-DELA CRUZ/Requesting for the Certified
Technical Description for the titling of agricultural land identified as Lot
No. 12924-A, and Lot No. 12924-B. 32

SEPTEMBER 16, 2013/ Certification from the Office of the City Mayor/
Interposing no objection for the titling of Lot No. 12924-A, and Lot No.
12924-B. 31
MARCH 04, 2013/MOTION FOR RECONSIDERATION filed by Marcelino Villegas,
et al of the:
1. Decision of the DENR- Office of the Secretary dated December 16,
2009
2. Decision of the Court of Appeals dated January 31, 2013 30

FEBRUARY 23, 2013/ Motion for Reconsideration filed by Victor Aguinaldo of the
Decision of the Court of Appeals dated January 31, 2013 29

MAY 07, 2013/ Resolution of the Court of Appeals 28

Denying the Motion for Reconsideration for want of merit filed by Victor
Aguinaldo of the CA’s Decision dated January 31, 2013

APRIL 17, 2013/ COMMENT OR OPPOSITION to the MR filed by Victor Villegas by

the City of Tagum/ dated FEBRUARY 23, 2013 27

JULY 30, 2012/RESOLUTION of the Court of Appeals/ 26

The preparation of the report calls for the entire record of the case.
Accordingly, the Office of the Secretary-DENR is required to transmit the
original or legible certified true copy of the entire record of the case
within 15 days

DECEMBER 14, 2011/MANIFESTATION by the City of Tagum 25

Praying that the Petition be submitted for decision pursuant to the
Resolution of the CA dated September 26, 2011

NOVEMBER 04, 2011/ Motion for Extension of time to file Memorandum by

Victor Villegas 24

OCTOBER 28, 2011/MEMORANDUM of Respondent City of Tagum/ 23

FEBRUARY 23, 2013/ Motion for Reconsideration filed by Victor Aguinaldo of the
Decision of the CA dated January 31, 2013 22
JULY 11, 2005/ Annex 2- Complaint in Intervention/ City of Tagum before the
DENR/ 21

DECEMBER 16, 2009/ Annex B- Order/DENR- Office of the Secretary

Dispositive Portion: 20
WHEREFORE, the Decision dated October 02, 2006 is hereby
modified:
1. Lot No. 5806-B, Csd-372, which have already been issued OCT
P-15049 from Free Patent No. (XI)-21566 in the name of
CESAR NASOL and registered on January 10, 1979 with the
Register of Deeds for Davao Province; and
2. The Subdivided lots covered by TCT Nos. T-132715 to 21, T-
123724 to 29, T-127663 to 64 issued over lot 5806 and the
OCT from where it emanated, which is covered by decision
dated August 21, 2006 of RTC, Branch 30, Tagum City in SPL
Civil Case No. 417 dated August 21, 2006

OCTOBER 02, 2006/Annex C- DECISION of the DENR- Office of the Secretary in

Case No. 8259 19
Dispositive Portion:
WHEREFORE, the appeal of both Petitioner and Respondents are
DENIED.
The December 17, 1992 Decision of the regional Executive
Director, DENR-Region XI is modified:
1. All public land applications filed covering the abandoned
airstrip and those lands adjoining it, except those that has
already been patented should be REJECTED and DROPPED
from the records.
2. Preferential right is granted to the City of Tagum over the Lot
Nos. 5799-A, 5799-B, 5806-B, 5798-A, 5798-B, 5798-C, Csd-
372, Cad 276 being claimed by VILLEGAS Group;
Lot Nos. 5951 and 5952, being claimed by the GABAYAN
Group;
Lot No. 5952, Csd-372, being claimed by Eusebia Catcatan
covered by FPA No. 6259;
Lot No. 5808, Csd-372 claimed by Francisco Edquilla;
Lot No 5806, Csd-372 claimed by Oscar Nasol covered by FPA
No. 20-39-18 (E-138839)
Lot No. 5808 Csd-372 (Now Psd-20352-D, subdivision of Lot
2706, Csd 276) claimed by Josefa Avenida covered by FPA
No.VIII-2;
 Lot No. 5799, Csd-372 claimed by Lucena________;
Lot No. 5797, Csd-372 claimed by Ligario Montilla but portions
are cultivated by Alejandro Pajes and Carlito Fariñas; and
Lot No. 5790, Csd-372 claimed by Gerardo Bocani, Ausper,
Arjas, and Buquis.
The RED, DENR is directed to create a Survey Team to conduct an
individual lot survey of the above lots, which costs shall be
borne by the City.

AUGUST 24, 2011/ Opposition to the Motions of Extension of Time to File

Reply/City of Tagum 18

JUNE 03, 2011/Final Motion for Extension of Time to File Reply/ Victor 17
Aguinaldo

MAY 19, 2011/Second Motion for Extension of Time to File Reply/ Victor
Aguinaldo 16

MAY 06, 2011/ Motion for Extension of Time to File Reply/ Victor 15
Aguinaldo

MAY 06, 2011/ Supplemental to the Comment/ City of Tagum 14

and ANNEXES

APRIL 27, 2011/Comment/ City of Tagum 13

APRIL 18, 2011/ SECOND Motion for Time to File Comment/ 12

City of Tagum/

APRIL 07, 2011/ Motion for Extension of Time to File Comment/ 11

City of Tagum
MARCH 10, 2011/ Resolution of the Twenty First Division of the Court of Appeals
Dispositive portion: 10
WHEREFORE, the MR is GRANTED. The Resolution dated April 15,
2010 is set aside and the Petition is REINSTATED. Accordingly,
respondents are required to file a comment on the petition, not a
motion to dismiss, within 10 days from notice furnishing a copy
upon petitioner who may file a Reply within 5 days from receipt.

JANUARY 26, 2010/ Motion for Extension of Time to File Petition for Review/
Victor Aguinaldo 9

FEBRUARY 10, 2010/ Second Motion for Extension of Time to File Petition for
Review/ Victor Aguinaldo 8

DECEMBER 17, 1992/ ANNEX D- Order DENR-RED 7

Lots No. 5790-C, 5798-B, 5799-A, 5799-B, 5906-B, 5951, 5952, Cad 276
Dispositive Portion:
Wherefore, it is ordered that all public land applications filed
covering the abandoned airstrip and those lands adjoining it,
except those that has already been patented should be DROPPED
and REJECTED, respectively.

The land shall be disposed of under Chapter IX of the Public Land

Act. Conformably thereto, the groups of Gabayan and Villegas, et
al be given 1 lot each. The remaining area be subdivided to the
Tagum Home Settler’s Association headed by its President,
Edmuido Tar, who shall be responsible for the allocation among
the members of the association regarding the surveyed lots. X x x

AUGUST 29, 1999/ ANNEX E- Supplemental Memorandum/ 6

Victor Aguinaldo

MAY 09, 1988/ ANNEX Minutes of Preliminary Investigation conducted by the

DENR- Lands Management Sector/ Lot Nos. 5952, 5808, 5806, 5799,
5798, 5797, 5790, Csd-372 5
JUNE 01, 2004/ ANNEX F- Position Paper of VICTOR AGUINALDO praying to set
aside the decision of the DENR-Office of the Secretary dated December
17, 1992 4

SEPTEMBER 20, 2006/ ANNEX 1- Decision of the RTC 11th Judicial Region, Branch
30 in the case of AGUINALDO vs. NASOL, Based on the Compromise
Agreement between the parties 3

DECEMBER 09, 2006/ Comment by the City of Tagum to the MR dated October
20, 2006 2

OCTOBER 02, 2006/ANNEX J- Draft Decision prepared by Aguinaldo/re: the MR

filed by Victor Aguinaldo of the Decision of the Office of the Secretary of
the DENR 1
ANNEX L- Affidavit of Ernesto Lood/ August 12, 1991
Affidavit of Confirmation of Nolly Rabilas/ October 25, 1988
Affidavit of Estanislao Rayco/ December 15, 1989

ANNEX M- Declaration of real property/ Owner- Victor Aguinaldo over Cadastral

Lot 5799-A
Tax clearance/Lot No. 5952-C/ Owner-Estanislao Royco/ issued to
Victor Aguinaldo on November 30, 1998 for the years 1992-1998
Official Receipt/payment of RPT, Basic Tax over Lot No. 5952-C/ by
Victor Aguinaldo/ November 30, 1998 for the years 1992-1998
Official Receipt/payment of RPT, Basic Tax, SEF over Lot No. 5952-C/
by Victor Aguinaldo/ November 30, 1998 for the years 1992-1998

1. Comment to the Motion for Reconsideration filed by Aguinaldo/City of

Tagum/ December 29, 2006

2. same as item 6

3. Order: Approval of Application of EUSEBIA CATCATAN /Lot No. 5952 Csd-

372/March 18, 1959

4. OCT/Free Patent No. (XL-2) 2156/ Lot No. 5806-B Csd-11-005335-D/

Cesar Nasol/ November 22, 1978

5. Order: Approval of Application of CESAR NASOL /Lot No. 5806 Csd-

372/March 18, 1959
6. Decision of the RTC 11th Judicial Region, Branch 30 in the case of
AGUINALDO vs. NASOL, et al./ based on the Compromise Agreement
between the parties/September 20, 2006

7. OCT Free Patent (XL-6) 3539_________/October 06, 1988

8. OCT Free Patent (XL-6) 3540 issued to Benjamin Edquila/October 06,

1988

9. Amended SPA by VICTOR AGUINALDO/January 09, 1989/appointing

ESTANISLAO RAYCO to sell Lots 5951 A and B; 5952 A, B, and C; 5808 B;
5806 B; 5799 A and B; 5798 A, B, and C.

10. Affidavit: Relinquishment of rights interests and improvements of JESUS

NICOL March 27, ___

11. Affidavit: Relinquishment of Rights, Interests, and Improvements by

ESTANISLAO RAYCO by virtue of the SPA mentioned under Item 18 to
BENJAMIN EDQUILA for P40,000/February 2, 1987

12. Affidavit of Conformity by Francisco Edquila/ October 18, 1988

13. Joint Affidavit ARCHEMEDES AMADA and WILLIAM ROQUERO former

employees of ADECOR confirming ownership of VICTOR AGUINALDO/
January 09, 1989

14. Affidavit of BENJAMIN EDQUILA former employee of ADECOR/ December

08, 1998

15. Acknowledgement of Ownership/ August 30, 1998

16. Joint Affidavit of VICTORIO SUAYBAGUIO JR. and PROSPERO ESTABILLO

dated June 1999

17. Official receipt for payment of RPT, Basic Tax by Victor Aguinaldo over Lot
5951-B for the year 1990-1998

18. tax clearance/Lot No. 5951/ Owner-REYANALDO RAGA/ issued to Victor

Aguinaldo on November 30, 1998 for the year 1998

19. Declaration of Real Property over Cadastral Lot 5951/ Owner-REYNALDO

RAGA
20. Official receipt for payment of RPT, Basic Tax by VICTOR AGUINALDO over
Lot 5951-B for the year 1990-1998

21. Official receipt for payment of RPT-SEF by VICTOR AGUINALDO over Lot
5951-B for the year 1990-1998

22. Tax Clearance over Lot No. 5951 for the year 1998/Owner- ERNESTO
LOOD/ issued to VICTOR AGUINALDO

23. Declaration of Real Property over Cadastral Lot 5951/ Owner-ERNESTO

LOOD

24. Affidavit of REYNALDO RAGA/ August 12, 1991

25. Affidavit of ERNESTO LOOD/ August 12, 1991

26. Notice of Demolition dated August 02, 1998 served to CARMELO

BALLENA

27. Letter by the Barangay Captain RABE addressed to PAZ CABAYAN

requesting the latter to stop and the utilization over Lot No. 5951/
November 23, 1988

28. Letter of FELIPE CACHO to VICTOR AGUINALDO

29. Deed of Donation by VICTOR AGUINALDO over Lot No. 5951 Cad 372 in
favor of MANGA ELEMENTARY SCHOOL / November 18, 1988

30. Affidavit: Sale and Relinquishment of Rights over Lot 5951 CAD, ___ for
P25, 000 in favor of DECS/ September 30, 1988

31. Affidavit of Conformity by LUZ BRINGAS/ October 18, 1988

32. Tax Clearance Lot 5799 A and B, 5806 B for the year 1998/ owner VICTOR
AGUINALDO

33. Declaration of Real Property Cad Lot No. 5799 A/ Victor Aguinaldo

34. Same as item 42

35. Minutes of the Preliminary Investigation/ DENR-Lands Management

Sector/ re: Lot Nos. 5952, 5808, 5806, 5799, 5798, 5797, 5790, Csd-372
36. Official receipt for payment of RPT, Basic Tax by VICTOR AGUINALDO over
Lot 5798 for the year 1992-1998

37. Declaration of Real Property Cad Lot No. 5798 / Owner BORROMEO
PORRAS

38. Affidavit of BORROMEO PORRAS dated August 12, 1991

39. Affidavit of Conformity by GUILLERMO NASOL October 18, 1988