Rodriguez Estate's Publications

POSTED BY JOSE VIOVICENTE JR.
Rodriguez Estate's Publications
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The Truth That The Filipinos Must Know About
FRIDAY, FEBRUARY 12, 2010

The Truth That The Filipinos Must Know About
MOTHER TITLE ROYAL DECREE NO. 01-4 PROTOCOL

LEGAL BASIS WHY MOTHER TITLE ROYAL DECREE NO. 01-4 PROTOCOL IS VALID FOREVER IN THE PHILIPPINES AND WORLD HISTORY

In 1521, when Ferdinand Magellan conquered Maynilad, it was the time the island was called after the name and honor of the King Philip of Spain, which is Islas de Filipinas as it was then one of the provinces in the Far East. The Spanish Laws governed the Philippines for almost 300 years.

In 1826, the Crown of Spain awarded the Titulo Propiedad de Terrenos Royal Decree No. 01-4 of 1826 to DON HERMOGENES R. RODRIGUEZ being the Gobernadorcillo de Maynila as a gift from her cousin QUEEN ISABELA II.

The Mother Title 01-4 was validated by the Royal Decrees of Land Registration in 1864, 1880, 1891, 1894 and 1895 and was published in the Official Gazette, the Gazetta de Manila and was registered with the Philippine Records Management of the Peninsula, now Archives of the Philippines. The said Title remains registered and intact with the Archives of current Philippine Republic.

In 1893, The Board of Adjustments was created by the Crown of Spain, making all Spanish Land Title perfect, indefeasible, imprescriptible, and exempted to the law of prescription and latches in order to remain valid forever, having registered in 1893 at Centro de Estadistica de Registro de Titulo at Malolos, Bulacan.

When Supremo ANDRES BONIFACIO was proclaimed as President of the Philippines by the Katipuneros on August 24, 1896. The Constitution of Biak-na-Bato was approved on November 1, 1897. The Title Royal Decree No. 01-4 Protocol was not cancelled and remain registered under the Maura Law as stated in the Civil Code of December 5, 1896.

On December 10, 1898, the Philippine Territory was ceded by Spain to the United States of America with the conditions that all registered properties under the Archives of the Peninsula are excluded as this was officially recorded under the TREATY OF PARIS, which the signatories of the subject International Law where Kingdom of Spain, England, France, Mexico, and USA while the witnessing countries were Indonesia, Malaysia, and Gobyerno Civil de Filipinas.

Presently, the Administrator of the Estate of the Late HERMOGENES R. RODRIGUEZ has in Possession of Microfilm No. 1247, Roll 23. While the other Estate records are filed at the American Archive.

On January 20, 1899, the Land Title of DON HERMOGENES R. RODRIGUEZ Titulo 01-4 was duly re-registered/validated under the Malolos Constitution (Aguinaldo Government) and on the Bill of Rights of March 16, 1900, known as the Philippine-American Constitution, states that "Any Local Laws International and External Acts of any signatory nation, must yield and surrender with honor to a property acquired and titled under the Treaty of Paris."

On February 6, 1901, Titulo Propiedad de Terrenos 01-4 registered in the name of DON HERMOGENES R. RODRIGUEZ was sent to the Division of Insular Affairs, War Department of Washington, D.C. for publication with WORLD GAZETTE and on the same year, the U.S. Government returned the Mother Title 01-4 as intact on File at the Archives of the Philippine Republic.

In 1902, the Philippine-America Government Era begun and the Phil-Am Act No. 496 was approved for Land Registration.

And English man by the name of ROBERT TORRENS was appointed to implement the law and a commission was created known as Taft Commission for Torrens' System. The said commission took in charge of Land titling in the Philippines, being under the Government of the United States which ended on July 4, 1946 but the two (2) systems of Land Registration remained enforceable (the Maura Law and the Torrens' System) in the Philippines until 1976.

On September 21, 1972, a State of Martial Law was declared in the Philippines by the late FERDINAND E. MARCOS, Presidential Decree Nos. 27, 34, 75, 76, 175 464, 892 and Republic Act No. 1400 were implemented to govern the land registration until Martial Law was lifted in 1984. The validity of subject Title 01-4 was not affected by Martial Law and was even reaffirmed and recognized by the Late President MARCOS.

On February 16, 1976, Presidential Decree No. 892 was signed in to Law by President MARCOS for the "DISCONTINUANCE OF THE SPANISH MORTGAGE LAW SYSTEM OF REGISTRATION AND OF THE USE OF THE SPANISH TITLE AS EVIDENCED IN THE LAND REGISTRATION PROCEEDINGS".

But President MARCOS excluded the Titulo Propiedad de Terrenos Royal Decree No. 01-4 Protocol registered in the name of DON HERMOGENES R. RODRIGUEZ. President MARCOS admitted in his hand-writting that the Titulo 01-4 was registered under the Torrens' System as having been compiled under Presidential Decree No. 892 as he signed on February 23, 1976.

On February 23, 1976, the Titulo Propiedad de Terrenos of 1891 Royal Decree No. 01-4 was received by President MARCOS from the RODRIGUEZ and the presence of former Cong. TAGLE, PELAGIO "Doding" VILLEGAS, Vice American Consul BOURAS, JUN TALVO (Aide of President MARCOS) and RUBEN Z. SOLIMAN in Malacañang.

On the part of the Judiciary in the Philippines, the Court of Appeals Decision CA-G.R. SP No. 33806 promulgated on June 22, 1995 on page 7 paragraph stated the following: "that private respondent HEIRS OF DON HERMOGENES AND ANTONIO RODRIGUEZ own parcels of land covered by Titulo Propiedad de Terrenos of 1891, Royal Decree No. 01-4 Protocol, registered under the Torrens' System and embodied under Presidential Decree No. 1143 issued on May 28, 1977".

The confirmation of Titulo 01-4 on CA-G.R. SP No. 33806 was contested even up to Supreme Court. After careful evaluation, the Supreme Court affirmed the Court of Appeals Decision No. 33806. The Supreme Court directed the Court of Appeals for the Execution of its decision under SC Entry of Judgment G.R No. L-120811 dated January 15, 1996 which is FINAL AND EXECUTORY.

With this judicial development, the Titulo Propiedad de Terrenos Royal Decree No. 01-4 Protocol was affirmed VALID as the Supreme Court and the Court of Appeals did not cancel the Mother Title of all titles in the Philippines.

On August 13, 1999, the judiciary of the Philippines resolved the issue of heirship and administratorship of the Rodriguez Estate thru Regional Trial Court Branch 34 in Iriga City where the claimants and portions of the Estate are situated.

RTC Branch 34 in Iriga City rendered its Amended Decision declaring the heir of subject Estate, they are: HENRY F. RODRIGUEZ, CERTEZA F. RODRIGUEZ AND ROSALINA RODRIGUEZ PELLOSIS narrated on page 24 of the Amended Decision, dated August 13, 1999. DON HENRY F. RODRIGUEZ was appointed by the Court to be the Regular Administrator to the Estate. Oppositors to the Amended Decision have contested the said court decision until the same was elevated to the Supreme Court.

On November 24, 1999, Supreme Court Decision G.R. No. 140271 resolved the issue in favor of HENRY F. RODRIGUEZ, and again, on January 24, 2000, the Supreme Court resolved the same issue with FINALITY in favor of HENRY F. RODRIGUEZ. The Entry of Judgment was issued by the Supreme Court on February 22, 2000 that became Final and Executory.

The August 13, 1999 Amended Decision of Iriga City RTC Branch 34 and the Writ of Execution issued on February 28, 2000 were questioned by the Judge Advocate General's Office (JAGO) together with the Solicitior General by filing a "Motion to Quash" but was DENIED by the Supreme Court.

On page 4 of the Amended Decision, the court states that the Office of the Solicitor General's Office in assuming an active and manifestly and decidedly a belated role as Oppositor in the instant case "CAN NO LONGER BE GIVEN DUE COURSE".

On March 8, 2000, the Writ of Execution for the repossession and re-titling of landholdings belonging to the RODRIGUEZ ESTATE was served by a Court Sheriff and, on March 29, 2000, the Supreme Court issued an Order that, "NO FURTHER PLEADINGS WILL BE ENTERTAINED."

Therefore, the Mother Title 01-4 of HERMOGENES R. RODRIGUEZ remained valid forever as it was published in the LOCAL AND WORLD Official Gazette and already resolved by the Supreme Court of the Philippines and in accordance with the International Law.

LOCAL and INTERNATIONAL LAWS, by history as well as those of JUDICIAL, Mother Title 01-4 was proven to be imprescriptibly VALID and EXISTING duly registered in the name of DON HERMOGENES R. RODRIGUEZ.

On July 20 and September 2000, the Probate Court issued an Order authorizing the Heir and Administrator of the subject Estate to conduct relocation survey, segregation and to re-titling of all Real Properties included in the Approved Inventory as well as to the execution of this act, in order to perfect the imperfect titles in favor of the HEIRS OF RODRIGUEZ ESTATES.

On September 8, 2000, the probate Court GRANTED a special authority to dispose/sell real properties of the Rodriguez Estate. However, the Court-Appointed Administrator, MR. HENRY F. RODRIGUEZ is directed to seek the approval of every disposition of a particular property or properties, for the court to determine whether it will redound to the advantage of the Estate.

DON HENRY F. RODRIGUEZ, the Court declared Heir and Appointed Regular Administrator of the RODRIGUEZ ESTATE.




POSTED BY JOSE VIOVICENTE JR. AT 4:54 AM 9 COMMENTS LINKS TO THIS POST
REACTIONS:


WEDNESDAY, OCTOBER 28, 2009

Herederos Don Hermogenes Rodriguez y Reyes and Don Antonio Rdoriguez y Reyes
Brief History

Chronilogical History of the Estate of the Late DON HERMOGENES RODRIGUEZ y REYES and DON ANTONIO RODRIGUEZ y REYES, the registered owner of the vast tract of land bigger than a KINGDOM

Spanish Title or Royal Decree No. 01-4 (1826, 1861, 1888, 1891 & 1894-1895) was issued to the Late Gobernadorcillo Don Hermogenes Reyes Rodriguez, then Gobernadorcillo de Manila and known as Spanish Royal Title.

In 1893 the Board of Adjustments was created, making all Spanish Titles perfect, indefeasible, imprescriptable, exempted laws of prescription; latches, and to remain valid forever, having been registered in 1893 in Centro de Estadistica de Registro de Titulos at Malolos Bulacan.

In 1897: Constitution of Biak na Bato of November 1, 1897, the Royal Decree 01-4 was registered under the Spanish Civil Code.

In December 10, 1898, Treaty of Paris, the signatories were Kingdom of Spain, U.S.A., England, France, and Mexico witnessed by Indonesia, Malaysia and the Gobierno Civil de Filipinas.

In 1898: December 21, President William McKinley (U.S. President) instructed and directed General Meritt in the Philippines, not to touch any property titled, covered and ratified under the Treaty of Paris.

In 1899: January 20, The Royal Decree Titulo de Propriedad Number 01-4, was duly registered under the Constitution of Malolos; and the Bill of Rights of March 16, 1900, known as the Philippines American Constitution say - "Any local laws, must yield and surrender with honor to a property acquired and titled covered under the Treaty of Paris."

In 1901: February 6, the Titulo de Propriedad de Terrenos Royal Decree 01-4 registered in the names of Don Hermogenes Reyes Rodriguez and Don Antonio Reyes Rodriguez was sent to the Division of Insular Affairs, War Department of Washington D.C. for record keeping and that very same year it was forwarded here in the Philippines for Guidance and Records, Legal Technicalities.

In 1909 to 1916: The Supreme Court, stated: "No title could be issued to the Landowner in derogation to another landowner by means of prescriptions, latches, and adverse possession. If the property in question is already titled under the Spanish Mortgage Law, the same Law governs and remains in force in seeking registration in the Philippines, and in the case of double registration, the first record or registered must prevail, Section 39, 124, and 194 of Act 496."

In 1911: November 6, Court of First Instance of Manila, third Division, R.G. 571, promulgated and adjudicated by the Government the rest of the land besides the 27,000 hectares in favor of the apelles Don Antonio Rodriguez and Heirs of Don Hermogenes Rodriguez, under the provision of the law, on the page 936, and is considered registered under Act NO. 496.
POSTED BY JOSE VIOVICENTE JR. AT 4:30 AM 1 COMMENTS LINKS TO THIS POST

Mga Komento

  1. Hi Deo-Antonio!
    Konting corrections lang po:
    Martial Law was lifted in 1981.
    Sad to say I couldn't find any records of
    CA-G.R. SP No. 33806 and SC Entry of Judgment G.R No. L-120811 dated January 15, 1996.

    Would you know when Don Hermogenes R. Rodriguez passed away?

    May I suggest that you publish the genealogy of Don Hermogenes's clan? kung may available sources lang naman po.

    . . . btw, are you related to Mdme Amparito Llamas-Lhuillier?


    Connie Claudio

    TumugonBurahin
  2. Mr. Deo Antonio:

    Greetings. Your intentions are honorable but this publication is not authorized by the Court Appointed Administrator Henry F. Rodriguez. I would also like to point out that you have many inconsistent details posted that need to be corrected, especially regarding the history and genealogy of the Rodriguez clan. Kindly txt or call me so you yourself could make the necessary corrections. I have my own blog "hrrodriguez estate issues & facts" that you could check in the net. Also, to update you, ALL authority and deeds signed by Mr. Henry Rodriguez between 2005 to 2009 were declared of no force and effect by the ruling of the Supreme Court June 22, 2011 Decision in G.R. #182645 penned by Justice D. Peralta. It was only after the Amended Decision of Spec. Proc. No. IR-1110 was REINSTATED in Dec. 4, 2009 that Mr. Rodriguez' Judicial Administratorship was restored, then again set aside on Dec. 15, 2010, but was again restored on June 22, 2011, when the AMENDED DECISION WAS DECLARED IMMUTABLE, NOT FALLING INTO ANY OF THE THREE CATEGORIES EXEMPTED FROM IMMUTABILITY. Kindly note this JUDICIAL RULING to all interested asking about the Rodriguez Estate. Anyone who wants to get in touch about the official on-goings of the REAL RODRIGUEZ ESTATE WHO HAS JUDICIAL COLOR OF RIGHT can text me on Mobile #09073785578. Thanks

    RENE GOMEZ

    TumugonBurahin
  3. paano ko po mai patitulo ang lupang nabili sa pangalan ni Henry F. Rodriguez , DHAR PO ANG HEAD LETTER NG DEED OF CONDITIONAL SALE. OFW PO AKO DATI, AT MATAGAL NA PONG WALANG TRABAHO. PLS HELP/

    TumugonBurahin

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