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Posted on Wednesday, July 16, 2003

 

Land claims baffle Los Baños agencies

By David L. Llorito, Research Head

3rd of 5 Parts

LOS BAÑOS, LAGUNA–Teresita T. Teope has three firm demands.

First, the four science and technology agencies–PCARRD, PCAMRD, DOST-Region 4 and the BPI–should “stop encroaching” on her “property.” Second, they should pay her at least P2 million in “rent” and attorney’s fees. And third, they should “peacefully surrender” to her the 30-hectare land that government agencies have been occupying since the Commonwealth period.

Officials of these four S&T agencies are baffled by her claims because since the American period, they knew the land being claimed by Teope “has been a long-recognized public property.”

But what they find unnerving is Teope’s belligerent strategy to get the 30-hectare land. Until now they don’t have a clear idea who she really is or whom they are dealing with.

Most of them have not even seen her face.

The Bureau of Plant Industry security guard, Edwin Aragones, recalled that when Teope’s group broke through the BPI compound on April 7, 2003, she sent only two of her companions to talk to him. And her people would not even identify themselves. “Si Teope nandun lang talaga sa loob ng van,” he told The Manila Times.

When the barangay captain, Florencio D. Bautista, asked Teope to explain to him why they broke into the BPI compound, her companions told him that Teope would only talk to him inside the van, where she stayed since arriving at the BPI compound lunch time.

Bautista felt insulted. “Sila na nga itong basta na lamang pumasok diyan at hindi nag-coordinate sa akin, tapos ako pa ang dapat lalapit sa kanya.”

Instead, Bautista invited Teope’s group to discuss her claim at the barangay hall about a hundred meters away. Teope’s van followed Bautista into the barangay hall but she did not get off the van. She only sent her companions to talk to the barangay captain.

“Talagang hindi nagpakita ng mukha,” Bautista said.

Teope’s group had no court orders or papers to show for the legality of their action, so Bautista required them to return the next day, when Teope and officials of S&T agencies could discuss the land conflict in his office face to face.

“Teope did not show up,” said Bautista.

Asked by The Times for interviews, most of the sources from government agencies were reluctant to talk. Those who talked did not like the conversations taped or to be quoted.

“Mahirap na, …We are dealing with a very influential and powerful group of people here,” said an official from the Department of Environment and Natural Resources.

“Our initial information shows that Teope doesn’t act on her own unless she has some powerful backers,” said a government official.

Asked who these influential people are, the sources would rather not speculate. But they pointed out that she is being supported by the Quezon City-based Valdez Maulit and Aportadera Law Office, owned by former top government officials.

Among its legal luminaries is Simeon Valdez, a former congressman and, according to Teope’s lawyer, Mamyrlito Tan, an uncle of former President Fidel Valdez Ramos. Maulit is actually Reynaldo Maulit, former administrator of the Land Registration Authority, the repository of all copies of land titles and land-related documents nationwide. Aportadera was formerly with the Office of the Ombudsman.

Certainly, having these lawyers gives Teope a great advantage, because they know the ins and outs of government, particularly land titling.

If Teope has an air of mystery about her, it is probably because she takes pains to conceal her identity. In her tax declaration for the 30-hectare Los Baños land now being occupied by the four S&T research agencies, Teope said she lives in Maliksi, Bacoor, Cavite. Yet in her testimony to the Regional Trial Court, she said she lives at 32 McDonell Street, Concorde Village, Tambo, Parañaque. A Times staffer who went to the address to ask for an interview was told, “No one by that name lives here.”

“Teope also claims residency in Batangas and sometimes Bay,” says a government official in the area.

When Teope’s group broke through the BPI compound on April 7, 2003, they left without taking their truck marked Veraluz International Corporation, with plate number TDY 981. The Times tried to call the main office of Veraluz International in Ortigas, and was told by a manager that they have no staffer or manager by that name.

In her court appearance on December 9, 2002, Teope wore sunglasses while under cross-examination. She told the court she has seven titles covering 309,688 square meters of the Camp Eldridge military reservation. That area covers almost all of the lands being occupied by the four S&T agencies.

A grandfather’s bequest?

She told the court she bought the lands from her grandfather Sergio Teope from Albay through a deed of sale on March 25, 1979.

Times research shows that the 30-hectare property was registered on October 19, 1939, in the Register of Deeds of Laguna as Original Certificate of Title 83, pursuant to Land Registration Authority Decree 344731.

But information shows the title was transferred in the name of a certain Sergio Teope from Tabaco, Albay, on November 12, 1942, as RT 7264 (22306) RT 808. The letters “RT” indicate that Teope’s title–if it was “valid”–was a reconstituted title. Put simply, that “title” was reconstructed when the original copy from the Registry of Deeds was nowhere to be found.

And on March 16, 2001, the lands covered by RT 7264 (22306) RT 808 were subdivided into seven parcels covered by Transfer Certificate of Title Nos. 474562 to 68.

The Times asked Teope’s lawyer, Mamyerlito Tan, for an interview with him and his client, but Tan refused, saying the law firm’s managing partner would not agree to any interview.

Tan also would not answer questions on the legal basis and historical background of his client’s titles, saying they have already filed a case in court and therefore would not want to make any further comment.

“All we know is that we have all the titles, the legal documents to prove our claim,” Tan told The Times in a telephone conversation. “Sila wala.”

Asked if he or his client was aware that what they are claiming is a military reservation, Tan replied: “They claim it’s a military reservation but that’s what all they can say.”

Tan said government lawyers from the Office of the Solicitor General are arguing only about the government’s “powers of eminent domain,” indicating that the S&T agencies really have nothing to show for their possession of the lands.

Data provided by Dr. Patricio S. Failon, PCARRD executive director and spokesman for the four S&T agencies based in Timugan, Los Baños, say the Camp Eldridge military reservation came into being by virtue of executive orders issued in 1903 until 1904. On February 14, 1916, US President Woodrow Wilson, through the governor-general of the Philippine Islands, issued Proclamation 14 defining the boundaries of the reservation.

And on November 21, 1931, legislators passed Commonwealth Act 3910 awarding the property to the Bureau of Plant Industry for the establishment of a “BPI Economic Garden for improving, demonstrating, propagating and promoting the raising, on a large scale, of all known economic plants existing or being raised in the Philippines.”

Since then other agencies like PCARRD, PCAMRD and DOST have started up operations in the area.

But Tan questioned this information. “If it’s a military reservation, why is it that our client has the titles?” he asked. “At alam ko marami ding may mga titulo diyan.”

What about the possibility that the titles may be spurious? Tan answered that’s for the court to determine. “Basta kami in order lahat ang mga documents namin . . . May laban kami.”

Besides the guts to challenge the government, Teope certainly has money. On April 10, 2002, she paid P115, 943 in real-property taxes to the municipal assessor for her three-hectare property in Timugan.

And on December 9, 2002, she told the regional trial court that she has already spent P5 million for a feasibility study for the establishment of a hospital worth P100 million in partnership with “Green Eagle Corporation.”

Familiar strategy

Other claimants, like Cesar Lopez and Pablo Babasanta in the area, have almost the same approach in trying to take control of the lands they are claiming.

Like Teope, Lopez had also approached the Timugan residents and tried to post a billboard claiming he owns the six-hectare land after paying his tax declaration to the municipal assessor. He also demanded all households in Timugan to vacate in 15 days or face legal sanctions.

And just like Teope, Lopez could not be located by Timugan residents when they tried to write him a letter disputing his claims on the six-hectare Timugan lands.

Pablo Babasanta, for his part, said he lives in Santa Rosa. But information gathered by the Manila Times research team shows he lives in Dasmariñas, Cavite. (The Times called his office three times, but his driver said his boss was not in.)

Babasanta, president and general manager of PS Babasanta Customs Brokerage Corporation, however, was just content with paying his tax declaration for his “property” in Bambang covering the Rest Area.

Datu Dionisio Linao seems to have stopped paying tax declaration and has now been forgotten.

Billion-peso temptation

“Nagtataka nga ako, sa pagkatinagal-tagal na namin dito, eh bakit ngayon lang nagsisulputan itong mga ’to?” Failon wondered, referring to the sudden onrush of claimants to the areas in the military reservation.

Apparently, commercial motivation is the main reason. Prime real estate in Los Baños has already reached P5,000 per square meter. This should be no surprise, because Los Baños–being host to major institutions like the UPLB and the International Rice Research Institute as well as having many resource-based wonders like Mount Makiling, hot springs, historical sites like the Yamashita-Homma Shrine, Dampalit Falls, among others–has been emerging as a major tourist destination in Southern Tagalog.

Camp Eldridge military reservation, as defined by Proclamation 14 in 1903, has a total area of 2,426,230 square meters. At P5,000 per square meter, it could fetch a market value of at least P12 billion.

Real estate in this new “science and nature city” could be easily sold. Los Baños is a community of professionals and scientists with high incomes. Many of them serve as dollar-paid consultants to local and international agencies and firms including the World Bank, Asian Development Bank, US Agency for International Development, Canadian International Agency for International Development, Ford Foundation, Danish Agency for Development Assistance, and the United Nations Development Program, and private multinational corportions like Monsanto and Bayer.

Proof of this huge purchasing power is the proliferation of shopping malls and supermarkets (i.e. it has eight for a small town of 84,000), fast foods and restaurants (i.e. 21 is the latest count including McDonald’s, Jollibee, Chowking, Burger King, Wendy’s, Greenwich, Pizza Hut, Dunkin Donuts), banks (six branches), resorts and hotels (15 as of latest count), and lodging houses.

Los Baños is vulnerable to land speculators because 64 percent of its 5,650 hectares are public land. Because of the government’s bad record-keeping and flimsy land registration, many private individuals were able to get “titles” despite the provisions of Republic Act 274 stressing that the land could be sold only to private interests by way of presidential proclamation.

During the time of Braulio Darum as District Land Officer of the Bureau of Lands, he distributed spurious “Original Certificates of Titles.” Apparently many of those titles must have eluded legal scrutiny. Information obtained by The Times shows that at least 49 individuals were able to get “titles” for properties in the Camp Eldridge military reservation.

“These are small plots of land,” says an official at the Laguna Provincial Environmental and Natural Resources Office (PENRO).

But if some small people could get small plots, some “big people” might have thought they could get bigger plots, too. The thought is tempting because the financial rewards are great and the costs small.

Rumors abound that the former officer of PENRO was offered by some unidentified people P4 million to lay off the case. A BPI official also admitted to The Times that a representative of Teope once visited him to ask his “help” in facilitating the transfer of the lands to Teope.

Failon told The Times that one of his top officials was told “Sabihin mo kay Dr. Failon, tumahimik na lang siya at pag nakuha na naming ang lupa, ido-donate na lang namin yung lupang tinitirikan ng PCARRD.”

Teope’s seven transfer certificates of titles covered more than 309,000 square meters. If she wins the case in court she would immediately be richer by P1.5 billion. Babasanta will be richer by P189 million and Cesar Lopez will get a windfall of at least P250 million.

The land has already attracted real-estate speculators. All over Los Baños, rumors are floating that the BPI compound will soon be converted into a mall. Others say it’ll probably become a high-end residential area featuring rows of condominiums.

William Palacol, a real-estate agent based in nearby Calamba town, said he was approached late last year by a man in his fifties recruiting him to “presell” the BPI and PCARRD compound to interested buyers. He gave his calling card but Palacol has yet to receive a call from the guy.

“Siguro dahil may kaso pa at lumalaban yung PCARRD,” he speculated. “Pero ’pag malaki na ang pera at stake, papayag din ’yun.”

To be continued

    
 
 
 

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Francis Andaya, Judee Perculeza, Marizhen Doctora, Shey Silayan
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