1.The Petitioner here are farmers who have occupied and cultivated the land in question since 1960’s . Some of them were descendants of Dumagats who occupied the land since time immemorial, as well as farmer-settlers who had been there since the Commonwealth.
2.They finally obtained title to the same under Original Certificate of Title (OCT) No. P-858/ Free Patent No. 257917 ( issued on April 27, 1964) issued by the Register of Deeds of Bulacan.
3.In March 7, 1987 a fire gutted the Registry of Deeds of Bulacan burning all copies of OCT’s in their vault thus necessitating reconstitution proceedings..
4.Petitioners farmers represented by GINA S. JARVINA et al. and VALENTINO AMADOR filed a petition for reconstitution of their title Original Certificate of Title (OCT) No. P-858/ Free Patent No. 257917 issued on April 27, 1964) before the Regional Trial Court of Malolos Bulacan Branch 16.
5.In the said petition for reconstitution the Banko Sentral Ng Pilipinas filed an intervention claiming that the parcels of land covered by the free patent OCT of the Petitioners form part of another Title TCT T- 48694 P(M) dated July 30, 2003 in the name of the Bangko Sentral Ng Pilipinas. In essence BSP was claiming that the land of the petitioner farmers was theirs.
6.BSP was able to obtain alleged title to the land thru an auction sale after extra judicial foreclosure of mortgage executed by Manila Brickworks Inc. to secure the loan obtained by Capitol Development Bank now Optimum Development Bank.
7.It was Cynthia Villar of Capitol Bank who executed the mortgage in favor of BSP.
8.Manila Brickworks and Capitol Bank have interlocking directors.
9.Manila Brickworks mortgaged 9 titles TCT T-38651 P(M) to T-38659 P(M).
10.The said titles emanated allegedly from TCT T-1182 P(M) of the Registry of Deeds Of Bulacan under also the name of Manila Brickworks
11.TCT T- 1182 P(M) allegedly emanated from OCT No. 287 of the Registry of Deeds Bulacan allegedly dated 25 July 1944 pursuant to a sales patent.
12.It is alleged that OCT No 287 was issued under sales patent which derives its existence from Sec.122 of Act 496 of the Land Registration Act of the US Government. However during July 1944 the country was under Japanese occupation and hence there was no valid title issued under the said Act and therefore the said OCT is clearly a FAKE and all titles arising from the said FAKE title are null and void.
13.Clearly Cynthia Villar used fake titles to secure her company’s loan and BSP obtained alleged title to the same using these fake titles.
The timeline are based on the dates from the point of view of the farmers the daTes of the titles of respondent are not put in sequence as they are dubious as far as they are concerned
1960’S – Petitioner Farmers begin open continuous and obvious occupation of Norzagaray Land in question. Many of the farmers had forefathers who had been cultivating the land since the Commonwealth period,
April 27, 1964 – Petitioner Farmers obtained a mother title OCT P-858 Free Patent No. 257917 issued by the Register of Deeds of Bulacan.
March 7, 1987 – Fire guts Register of Deeds of Malolos, Bulacan. Original copies of OCT and TCT’s there are burned thus all title holders are required to fie reconstitution proceedings.
April 1998- Cynhia Villar as representative of Capitol Bank obtained a loan from Banko Sentral Ng Pilipinas mortgaging lands which cover the parcels of land owned by petitioners using 9 TCT’s under the name of Manila Brickworks. The mother title or OCT of the alleged TCT’s was alleged to be OCT 287 of the Registry of Deeds of Bulacan allegedly issued July 1944.
July 2003- After foreclosing the property mortgage due to Capitol Bank’s failure to pay the loan BSP was able to get title over the parcels of land TCT No. T-48694 P(M)
2004 – Petitioners filed their reconstitution proceedings only at this point as they had no knowledge of the need for one. BSP intervened thereafter claiming title over the same.
September 2008 – petitioners filed a case against the Villars before the Ombudsman. The complaint has not been acted upon.