Republic of the Philippines

Department of Transportation
MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY
Airport Road, Lapu-lapu City 6016 Telefax: 520-2316 Quality Management System
ISO 9001:2015

DUE DILIGENCE REPORT

LOT No. 4744-A

OFFER TO SELL OF LOT 4744-A (PORTION)

IN RELATION TO PEZA’S INTEREST TO PURCHASE THE SAME
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This involves Lot 4744-A located within the MCIAA

property MEZ 1-Expansion area, consisting of 7,733.50
sq. m., where the Heirs of Gavina I. Ijordan, allegedly
through a certain Ms. Estrella C. Abella (“Ms. Abella”),
offered to sell a portion of said lot to MCIAA at P25,000
per sq. m., while to PEZA at P12,000 per sq. m.

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Requested Board Action:

 For discussion and/or consideration of the “Offer to Sell” of the one-half

portion of Lot 4744-A, in relation to PEZA’s interest to purchase the same

 For discussion and/or adoption of policy direction

Relevant Information from Lot 4744 to 4744-A:

DATE PARTICULARS
May 31, 1934 Lot No. 4744 was originally decreed under the name of Gavina Ijordan
and Agatona Ijordan
March 23, 1958 Gavina Ijordan sold Lot No. 4744 to the Republic of the Philippines as
represented by the Civil Aeronautics Administration
A Petition for Judicial Reconstitution of Lost Certificate of Title for Lot
November 15, nos. 4730, 4744, 4748, 4539, 4525, 4522, 4754, 4504, 4792 & 4530
1979 was filed by Cecilio Cuizon, Moises Cuizon and Felimon Jordan in behalf
of the Heirs of Gavina Ijordan and Agatona Ijordan Pejana docketed as
Cad Case No. 20 GLRO Cad Rec No. 1004
An Endorsement Letter was sent by Region 7 Airport General Manager
February 6, 1980 Jose R. Espina endorsing the Petition for Judicial Reconstitution to the
Director of Air Transportation, thru the Chief, Legal Officer, Bureau of
Air Transportation (BAT)
September 22, An Order was issued granting the Petition for the Reconstitution of the
1980 OCT of Lots including Lot No. 4744
An Ex-Parte Motion was filed by Attorney-in-fact for Petitioners, Ricarlie
February 17, 1983 Bularin to Transfer Tax Declarations in the name of Civil Aeronautics
Administration to the respective Declared Owners
An Opposition to the Ex-Parte Motion to Transfer Tax Declarations in
March 4, 1983 the name of Civil Aeronautics Administration to the Respective Declared
Owners was filed by BAT Legal Officer Manuel G. Gilo
Letter of Demand for Payment of Rent of Lots No. 4730, 4539, 4744,
October 25, 1983 4748, 4757, 4522, 4525 and 4530 addressed to the Director of Air
Transportation from Atty. Paterno P. Trinidad in behalf of the various
owners of said lots.
Motion to Transfer Title of Land to the Heirs only pertaining to Lot No.
July 16, 1990 4744 filed by petitioners through Atty. Manuel Potot that caused the
Court to issue an order that eventually was the basis of TCT No. 22137
in the names of Moises Cuizon, Cecilio Cuizon, et.al
Manifestation filed by the Office of the Register of Deeds of Lapu-Lapu
December 28, City enumerating the reason why they could not comply to the Order of
1990 the court dated December 20, 1990 directing the said Office to
immediately transfer the title of Lot No. 4744 to the Heirs of Gavina
Ijordan and Agatona Ijordan
Comment/Counter-Manifestation filed by petitioners through Atty.
January 3, 1990 Manuel Potot
Order of RTC Branch 27 Lapu-Lapu City in view of the Manifestation of
January 7, 1990 the Register of Deeds regarding Lot No. 4744

Comment filed by the General Manager of MCIAA Capt. Antonio Oppus

January 21, 1990 praying that the Order dated December 20, 1990 be set aside.
Rejoinder to Petitioner’s Counter Manifestation filed by the Register of
January 22, 1991 Deeds of Lapu-Lapu City relative to the Motion to Transfer Title filed by
petitioners
February 11, 1991 Complaint for Petition for Annulment of OCT RO-2433 and Quieting of
Title filed by MCIAA through Atty. Sigfredo Dublin against Moises
Cuizon, Cecilio Cuizon et. al, docketed as Civil Case No. 2395-L
February 15, 1991 Amended Complaint filed by MCIAA praying for the nullification of TCT
No. 22137 and the Revocation of the Order of the Court dated
December 20, 1990 granting the Petition for Reconstitution
April 30, 1991 Answer filed by defendants Pedro Pejana and Juanita Pejana Pagobo in
behalf of the Heirs of Agatona Ijordan Pejana praying for the dismissal
of the case
October 14, 1991 Special Power of Attorney executed by the Heirs of Francisca Cuizon
appointing Cecilio and Leonardo Cuizon as attorneys-in-fact
June 25, 1992 Order on the affirmative defenses put up by defendants Pedro and
Juanita Pejana. The Court found that the one-half (1/2) portion of Lot
4744 belonging to Agatona Ijordan Pejana is not included in the sale
made by Gavina Ijordan to plaintiff and is dropped from the complaint.
August 13, 1992 Motion for Reconsideration filed by MCIAA through the Office of the
Solicitor General (OSG) praying that the Order dated June 25, 1992 be
set aside.
September 29, Court denied the Motion for Reconsideration filed by MCIAA
1992
December 22, Motion for Issuance of a writ of execution filed by defendants Heirs of
1992 Agatona Ijordan Pejana praying for the segregation of the one-half
(1/2) portion of lot 4744 and issuance of a separate title in the name of
the heirs of Agatona Ijordan Pejana.
January 5, 1993 Order issuing a writ of execution for the segregation of the one-half
(1/2) portion of Lot 4744 and ordering that a separate title be issued in
the name of defendant-heirs of Agatona Ijordan Pejana.
December 1993 Compromise Agreement entered into by the Heirs of Agatona Ijordan
Pejana, Heirs of Gavina Ijordan and MCIAA (no signature of Capt.
Antonio Oppus)
December 7, 1993 Joint Motion for the Issuance of Order based on Compromise
Agreement filed by plaintiff and defendants
December 10, Order adjudicating Lot No. 4744-A jointly to the Heirs of Gavina Ijordan
1993 and MCIAA and Lot No. 4744-B to the Heirs of Agatona Ijordan Pejana
April 17, 1997 Motion for early resolution filed by MCIAA through Sigfredo Dublin
praying for an early resolution of the case in so far as Lot No. 4744-A is
concerned.
July 24, 2000 Memorandum filed by MCIAA through the OSG praying that judgment
be rendered in favor of MCIAA as sought for in the amended complaint
dated February15, 1991
September 1, 2000 Order declaring the case closed and terminated
September 26, Notice of Appeal filed by MCIAA
2000
January 2, 2001 Motion to require plaintiff to deposit title of Lot 4744-A filed by
defendants praying that the court order MCIAA to surrender and
deposit the TCT covering Lot No. 4744-A
January 18, 2001 Order denying the notice of appeal
February 5, 2001 Second motion to require plaintiff to surrender title of Lot No. 4744-A
so that defendant can submit the same to a licensed surveyor for the
preparation of a subdivision plan and for the Register of Deeds to issue
separate titles based on the plan
March 29, 2001 Order denying the motion to require plaintiff to surrender title since
defendants can easily secure the same from the Office of the Register
of Deeds
March 28, 2001 Letter of counsel of defendants’ Atty. Silvino Maceren, Jr. requesting for
the surrender of the title to the Register of Deeds addressed to Atty.
Sigfredo Dublin
July 17, 2007 Second letter of counsel of defendants’ Atty. Silvino Maceren, Jr.
reiterating their request for the surrender of the title to the Register of
Deeds addressed to Atty. Sigfredo Dublin
August 12, 2011 Motion for the issuance of finality of judgment and for order of
 execution filed by defendants through Atty. Maceren
August 26, 2011 Motion for Revival of Judgment and motion for immediate execution
filed by defendants’ counsel Atty. Maceren praying that MCIAA be
ordered deposit the title of Lot No. 4744-A with the Register of Deeds
and to Order MCIAA to give one-half share of rentals that they’ve
collected from the lessee of Lot No. 4744-A to defendants
September 15, Order denying the Motion for Revival of Judgment and motion for
2011 immediate execution
October 2, 2013 Motion for continuance and hearing up to final judgment filed by
defendants through Atty. Maceren
December 9, 2013 Opposition/Comment to defendant’s motion for continuance of hearing
up to final judgment filed by MCIAA
January 8, 2014 Order denying the Motion for continuance and hearing up to final
judgment
January 23, 2014 Motion for reconsideration filed by defendant Moises Cuizon through
Atty. Maceren
February 10, 2014 Order denying the motion for reconsideration
February 19, 2014 Motion for partition filed by defendant Leonardo Cuizon through Atty.
Maceren essentially praying that MCIAA be ordered to surrender the
title of Lot No. 4744-A and for the payment of rentals.
June 9, 2014 Order denying the motion for partition

Recommendation:

1. For MCIAA to acquire the portion of Lot 4744-A claimed by private claimants.

2. As a policy direction, to request PEZA to refrain from purchasing lots within

the MCIAA property MEZ 1-Expansion area.