DENR declares Villa Abrille title to 800 hectares in Davao City as fake

SC affirms Rico win

vs. Villa Abrille estate

 

            The Supreme Court has put to a close the protracted legal battle between the Villa Abrille Estate and a businessman over a piece of prime property in Davao City, by admitting as “final and executory” a lower court decision that gave the latter right over the property.

            In an Entry of Judgment dated January 21, 2009, Ma. Lourdes C. Perfecto, Supreme Court Second Division Deputy Clerk of Court, said G. R. 183998 (Milagros Villa Abrille vs. Hon. Carfelita B. Cadiete-Flores, Acting Presiding Judge of the Municipal Trial Court, Branch 4, Davao City, and Edgar Rico) has on “November 14, 2008 become final and executory and is hereby recorded in the Book of Entries of Judgment.”

            The subject of the Entry of Judgment involved the case filed by Villa Abrille at the Supreme Court stemming from a decision rendered on the case by Judge Cadiete-Flores, dismissing petition for mandamus by Villa Abrille which assailed previous orders issued by MTCC which favored Rico.

 

End to legal ordeal

 

            The victory caps Rico’s eight year battle with the Villa Abrille Estate over a 1.1 hectare property in Tulip Drive in Juna Subdivision in Matina, Davao City, that Villa Abrille alleged to be part of about 800 hectares covered by its title OCT 5609.

            OCT 5609 issued in Zamboanga during the post-Spanish occupation has been declared as fake by the Department of Environment and Natural Resources in a recent decision. The title covers nearly a fifth of downtown Davao City from part of the Sta. Ana district in the north extending to the eastern shoreline and the Matina area in the west.

            Earlier, the local courts backed Rico’s bid over the property based on failure by Villa Abrille to submit the original OCT and on the DENR decision. Rico has applied for title over the land after it has been declared by DENR as disposable and alienable, which was contested by Villa Abrille at the High Court and the Court of Appeals. 

 

In trouble

 

            The Supreme Court Entry of Judgment putting a close to the legal battle, comes on the heels of Court of Appeals justices in Cagayan de Oro City inhibiting themselves from handling the Rico-Villa Abrille land case following a probe ordered by the Supreme Court and Malacanang.

            Justices Edgardo Camello, Jane Aurora Lantion and Edgardo Lloren of the CA 22^nd Division had earlier been accused by Rico of “gross ignorance of the Rules of Court, gross ignorance of law and falsification and fabrication of public documents.”

 

Fraudulent

 

            Rico said the Justices issued a Writ of Preliminary Injunction and consolidated four cases involving the Villa Abrille estate pending at the CA division in violation of rules. The Department of Environment and Natural Resources in a decision by then Secretary Angelo Reyes earlier had declared the Villa Abrille title on the land —OCT 5609—as fraudulent and ordered the title and its derivates cancelled.

            Based on Rico’s complaint, the Supreme Court and the National Bureau of Investigation had ordered an investigation of the justices.

            Malacanang, likewise, had endorsed for investigation to the National Bureau of Investigation the same complaint of Rico against the justices.

 

Hands off

 

            The justices however have inhibited themselves from handling cases involving the Villa Abrille estate in a resolution on January 9, 2009, following decision by the Supreme Court and Malacanang to probe them over the accusations.

            Chief Justice Reynato Puno has referred to Atty. Ma. Luisa Villarama, SC Clerk of Court, for inclusion of the agenda of the SC; while Bobby Dumlao, director of the Presidential Action Center of the Office of the President, in a December 2, 2008 indorsement asked Nestor Mantaring, NBI director, to investigate the allegation of Rico.