2023 PNB Updated October

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PHILIPPINE NATIONAL BANK (PNB) PROPERTIES

PROFILE OF THE LANDHOLDINGS

Location Brgys. Bucal and Maunong, and Lamesa,


Calamba City, Laguna

Total Area 6.4543 hectares

Covered 6.4543 hectares


Exempted 0
Distributed 5.9833 hectares
Retained 0
Converted 0
Date of Coverage TCT T-513125 : 28 February 2008
TCT T-513126 : 18 October 2007
TCT T-513127 : 28 February 2008
TCT T-513128 : 28 February 2008
Previous Owner Philippine National Bank
Current Owner CLOA holders Romulo Alcayaga et. al.
Title No. See attached table
No. of ARBs 5

NAME OF ARB Title No. Area (hectares)

ALCAYAGA, ROMULO S. CARP-2014000025 0.5236

MOLINO, EPIFANIO V. CLO-2052 ( CLOA 01046316) 0.5987

JAVIER, FERNANDO E. CLO-2105 (CLOA 01090400) 1.9500

CLO-2106 (CLOA 01114880) 0.3149

OPULENCIA, FRANCISCO O. CLO-2104 (CLOA 01090399) 0.5961

OPULENCIA, NOLASCO O. CLO-2102 (CLOA 01114881) 1.9374

CLO 2103 (CLOA 01114882 0.0626

TOTAL 5.9833

PARTIES
A. CECILIA DIAMANDAL - Her interest in for the inclusion of her
father Leopoldo Camacho in CLO-2052 as ARB in CLO-2052.
(19 March 2021 Order of RD Rene E. Colocar for Case No. A-
0400-0025-2021 states that:
“WHEREFORE, premises considered, ORDER is
hereby issued DENYING the request filed by Ms.
Cecilia Diamandal and Petition filed by Mr. Leopoldo
Camacho, both seeking for the inclusion of Mr.
Leopoldo T. Camacho (father of Cecilia Diamandal) in
TCT No. CLO-2052/CLOA No. 01046316, registered

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in the name of ARB Epifanio Molino, involving a
landholding with an area of 5,987 square meters
located at Brgy. Bucal, Calamba City, Laguna, for
lack of merit.”)
B. PNB – The interest of the bank is for the DARCO Order
No.EXE-1512-180 Series of 2015 dated 18 December 2015
issued by Secretary Virgilio delos Reyes to prevail, which
states in part:

“WHEREFORE, the application for exemption


for coverage of the Comprehensive Agrarian
Reform Program, pursuant to DAR
Administrative Order No. 4, Series of 2003, in
relation to DOJ Opinion No. 44 Series of 1990,
involving four (4) parcels of land with an
aggregate area of 6.4543 hectares,all located
in Barangays Bucal, Maunong Lamesa,
Calamba, Laguna and covered by Title Nos. T-
513125, T-513126, and T-513127 and T-
513128 is hereby GRANTED, subject to
payment of disturbance compensation to the
lessees/tenants, if any.

Consequently, TCT No. CLO-2052 (CLOA No.


01046316) issued to Epifanio V. Molino, TCT
Nos. CLO-2102 (CLOA No. 2102 (CLOA No.
01114881) and CLO-2103 (CLOA No.
01114882) issued to Nolasco Opulencia, TCT
No. CLO-2104 (CLOA No. 01090399) issued to
Francisco Opulencia and TCT Nos. CLO-2105
(CLOA No. 01090400) and CLO-2106 (CLOA
No. 01114880) issued to Fernando Javier are
ordered CANCELLED.

Further, the Register of Deeds is hereby


DIRECTED to cancel the aforementioned titles
and REINSTATE TCT Nos. T-513125, T-
513126, T-513127 and T-513128.”

C. CLOA holders – The interest of the CLOA holders/awardees is


for the Decision of the Office of the President (OP Case No. 20-J-
168) dated 5 April 2022, to be issued with finality.

STATUS OF THE CASE


5 April 2022 – OP issued a Decision (OP Case No. 20-J-168) dated 5
April 2022 denying the appeal filed by the appellant PNB, affirming the
DARCO Order No. LUCC 0920-0421 dated 14 September 2020.

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ISSUES

Whether or not the revocation of the Exemption Order for the subject
properties located in Calamba City be issued with Certificate of Finality
in favor of the CLOA holders Romulo Alcayaga et. al.
FACTS

18 December 2015 - Secretary Virgilio Delos Reyes issued an Order


for Exemption (DARCO Order EXE-1512-180 Series of 2015) pursuant
to DAR AO No. 4 Series of 2003, in relation to DOJ Opinion No. 44,
Series 1990 for TCT T-513125, T-513126, T-513127 and T-513128.
22 August 2019 - A DARCO Order No. LUCC 0819-0080 Series of
2019 was issued by the Land Use Cases Committee (LUCC) granting
the Motion for Reconsideration and Supplemental Motion for
Reconsideration, the December 18, 2015 Order is SET ASIDE and
DENYING the present application for exemption filed by PNB for lack of
merit.”
12 September 2019 - Motion for Reconsideration (Re: DARCO Order
No. LUCC-0819-0080) was filed by the PNB.
18 October 2019 - Opposition to PNB’s MR (Re: DARCO Order No.
LUCC-0819-0080) was filed by the Oppositors, Epifanio Molino et. al.
represented by Cecilia Diamandal, filed a Motion for Reconsideration.
14 September 2020 - an Order (DARCO ORDER NO. LUCC 0920
0421 Series OF 2020) was issued by the Land Use Cases Committee
(LUCC) headed by Atty. Jim G. Coleto DENYING the Motion for
Reconsideration of PNB and AFFIRMING the DARCO Order (LUCC
0819-0080 Series of 2019) dated 22 August 2019.
2 October 2020 – Notice of Appeal was filed by PNB at the Office of
the President for DARCO Order No. LUCC 0920 0421 Series of 2020,
DARCO Order No. LUCC 0819-0080 Series of 2019 and DARCO Order
No. EXE-1512-180 Series of 2015

8 October 2020 – Atty. Rowena Turingan-Sanchez, Direcor IV, Legal


Office of the Office of the President issued an Order stating in part
that:

“ Pursuant to Administrative Order No. 22, Prescribing Rules


and Regulations Governing Appeals to the Office of the
President of the Philippines, and to enable this Office to act
on the appeal without necessarily giving due course
thereto, it is hereby directed that:
1. Applicant-Appelant submit, within thirty (30) days from the
date that its Notice of Appeal was filed, its appeal
memorandum xxx;
2. Oppositor-Appellees submit their comment on applicant-
appellant’s appeal memorandum within (15) days from
notice xxx;

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3. The DAR forward to this Office, within ten (10) days from
receipt hereof, the complete records of the case xxx”
8 February 2021- Counsels for Oppositors Atty. Eduardo V. De Mesa
and Atty. Julito M. Briola filed a Motion for Immediate Resolution (of
Appeal of PNB) at the OP;

8 April 2021 – Counsel for PNB Atty. Jubert Jay C. Andrion submitted
the Comment-Opposition (Re: Motion for Execution [To Immediately
Re-Install Oppositors on Subject Properties]).

21 April 2022 – Writ of Installation No. 0403-0001-0007-2022 was


issued by PARPO II Elizabeth Z. Villapando.
4 May 2022 – Omnibus Motion to: (i) Lift/Cancel Writ of Installation
and (ii) Cancel and/or Defer its Implementation on 06 May 2022 was
submitted by the counsels of PNB headed by Atty. Jubert Jay C.
Andrion.
ACTIONS TAKEN
7-8 February 2022 - DAR-Laguna Legal Division Chief Atty. Perseus
Antigua met with Atty. Benjamin T. Baui, Jr. Atty. Julito M. Briola and
Ms. Cecilia Diamandal to clarify among others, the following:
a. the records of the case
b. the respective legal representation
This is in connection with the Motions for the Issuance of Writ of
Installation filed by Atty. Baui and Atty. Briola.
21 April 2022 – Writ of Installation No. 0403-0001-0007-2022 was
issued by PARPO II Elizabeth Z. Villapando.

ISSUE ABOUT THE PNB SECURITY GUARDS IN THE AREA:


6 May 2022 – One of the agreements reached during the meeting
with DAR (headed by PARPO II Elizabeth Z. Villapando), ARBs and PNB
is:
“Napagkasunduan na mananatili ang mga security
guard hanggat wala pang finality ang kasong nakapending
sa Office of the President.”
21 November 2022 – Court of Appeals issued a Resolution to the
Case CA G.R. SP No. 174428, entitled “Philippine National Bank,
Petitioner, vs. Epifanio Molino, Nolasco Opulencia, Fernando Javier,
Francisco Opulencia, and heirs of Romulo Alcayaga, Respondents”,
stating among others that:
“xxx this Court resolves to Deny petitioner’s prayer
for the issuance of a Temporary Restraining Order and/or
Writ of Preliminary Injunction xxx”

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5 April 2023 – A letter was sent to Ms. Cecilia Diamandal from PARPO
II Antonio B. Sanchez advising the following:
“ xxx kung kaya’t iminungkahi naming sa inyo ang
pagtalima sa legal na hakbang, gaya halimbawa ng
pagharap ng kaukulang sumbong sa piskalya laban sa tao,
korporasyon o asosasyon, kung ano man ang naaangkop,
dahil may paghadlang sa pagpapatupad ng Repormang
Pansakahan at iba pa na naaayon sa batas. Ang bagay na
ito po ay nasa inyo pong pagpapasiya at inisyatiba. xxx”

ISSUE ABOUT CLO-2106:


4 April 2023 - A letter was sent to Ms. Cecilia Diamandal from PARPO
II Antonio B. Sanchez regarding CLO-2106. Portion of the letter states
that:
“xxx Ang aktuwal na gamit ng nasabing lote ay kalsada
(road lot) batay sa nakasaad sa Approved Survey Plan na
pinagbasehan ng nasabing CLO-2106 kung kaya’t ang
titulo nito ay dapat nanatili sa ‘Republic of the
Philippines’ sa halip na CLOA sapagkat ang huli ay
maaari lamang iisyu sa mga lupang ‘farmlot at
homelot’ at hindi para sa kalsada. xxx”

ISSUE ABOUT EPIFANIO MOLINO VS. LEOPOLDO CAMACHO

An Order dated 19 March 2021 for Case No. A-0400-0025-2021


(In Re: PETITION FOR INCLUSION OF MR. LEOPOLDO T.
CAMACHO IN CLO NO. 2052/CLOA No. 01046316 REGISTERED
IN THE NAME OF ARB EPIFANIO MOLINO, COVERING A
LANDHOLDING LOCATED at BRGY. BUCAL, CALAMBA CITY,
LAGUNA WITH AN AREA of 5,987 SQUARE METERS), was issued
by then Regional Director Rene E. Colocar DENYING the inclusion of
Mr. Camacho, the father of Cecilia Diamandal, in the said CLOA.
The Order stated that the inclusion of Mr. Camacho cannot be done
since the subject title is not a collective Certificate of Land Ownership
Award (CLOA). The Petition for Inclusion is not the propery remedy in
order to enforce their agreement.
Based from the Order dated 22 August 2022 issued by then
Regional Director (RD) Cupido Gerry D. Asuncion, the Petition for
Correction of Certificate of Land Ownership Award (CLOA) filed by
Leopoldo Camacho in TCT No. CLO-2052 (CLOA No. 01046316)
registered in the name of Epifanio V. Molino, with an area of 5,987
square meters, located at Brgy. Bucal, Calamba City, Laguna is
DENIED.

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A copy of the Notice of Appeal for Case No. A-0400-0286-2022 entitled
“In Re: PETITION FOR CORRECTION OF CERTIFICATE OF LAND
OWNERSHIP AWARD (CLOA) NO. 01046316 ISSUED IN THE
NAME OF EPIFANIO V. MOLINO, COVERING AN AREA OF 5,987
SQUARE METERS, LOCATED AT BRGY. BUCAL, CALAMBA CITY,
LAGUNA, LEOPOLDO CAMACHO represented by CECILIA C.
DIAMANDAL, Petitioner versus EPIFANIO V. MOLINO,
Respondent” was executed by Cecilia C. Diamandal on 29 October
2022.
As of this date, we have not receive any copy of a Decision whether
the said Appeal was granted or not.

Prepared by:

ANALY F. CUTAY
ARPO II/ PQRO

Noted by:

ANTONIO B. SANCHEZ
PARPO II

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