Family Lineage

 

Don Hermogenes Rodrguez (Don Hermogenes) and Don Miguel Rodriguez (Don Miguel) were brothers from Spain. The former being named Governadorcillo de Manila during the time when the country was colonized by Spain.

It appears that Don Hermogenes died unmarried but might have had children. If he had, then he did not recognize any. There is no evidence if Don Miguel was married; but he had a daughter named Petra Rodriguez who later married Pedro Yaneza, who hails from the Province of Bataan. They had children, the eldest being Gonzalo Rodriguez Yaneza (Don Gonzalo), born January 10, 1894.

Don Gonzalo became a Dentist and was first married to Sra. El;ena Austria Cruz of Malolos, Bulacan with whom he had an only child named Lourdes (Dona Lourdes),  born May 4, 1921 in the Municipality of Mariveles, Bataan. Later, he remarried and had Sra. Aniceta Austria Cruz, a younger sister of the first wife Sra. Elena as his second wife. Together, they have five (5) children two boys and three girls. Of the five (5) children, four (4) are still alive, one (1) of them living in the United States. Don Gonzalo died March 31, 1971.

Dona Lourdes married a certain Carlos Reyes four (4) years her senior. Together, they took residence at 2552 Angat St. Tondo, Manila; and on March 6, 1943, she gave birth to Angel Tomas at the Mary Johnson Hospital. A second son named Jaime was born a  year later. Jaime died December 22, 2003 in the United States leaving a wife and two (2) young children.

It is not known when Dona Lourdes decided to adopt the middle name of her father. An unnotarized affidavit signed by her was provided to us by her eldest son, Angel Tomas Yaneza Reyes (Tomas). It is presumed that the affidavit was prepared in the late 1980s in compliance and to support his petition for her to live in the United States. She migrated sometime in 1993 and died in 1996.

The sibling relationship of Don Hermogenes and Don Miguel are inscribed in Titulo de Propriedad, Royal Decree No. 01-4, protocol ano 1826 . 1861-1891 (Royal Decree). Historical accounts during Don Hermogenes’ tenure as Governadorcillo provincia de Manila is available at the National Library and the Ateneo de Manila Library.

The family lineage of three (3) generations namely, Don Miguel Rodriguez, daughter Dona Petra Rodriguez and grandson Gonzalo Yaneza y Rodriguez are mentioned as the subject owners per Decree No. 155948, GLRO 24675 in fee simple of certain land situated in the Province of Rizal. Their names also appear in approved plans ii-219 and PSD 767 per LRA records. Moreover, in the death certificate of Dr. Gonzalo, it is also written that Pedro Yaneza and Petra Rodriguez were father and mother respectively of the deceased.

During the Second World War, all records of Mariveles, Bataan were burned or destroyed and therefore, there exist no record of Dona Lourdes’ birth. In 1976, a younger brother of Don Gonzalo named Pedro Yaneza, Jr. while a member of the Sangunian Banyan of Mariveles issued a sworn statement on the circumstances of her birth. A Joint Birth Affidavit was also executed by two (2) other persons in 1988 presumably to support the filing of Dona Lourdes’ birth with the Census Office.

A photocopy of Angel Tomas Yaneza Reyes’ birth and baptismal certificates were provided by him.

Given the foregoing, we can request the Census Office for a certified copy of the Death Certificate of Dr. Gonzalo Yaneza y Rodriguez and Birth Certificates of both Lourdes Cruz Yaneza & Angel Tomas Yaneza Reyes.

History of the Estate

A parcel or several parcels of land was granted to Don Hermogenes by the Royal Crown of Spain while Governadocillo de provincia de Manila in a document Titulo de Propriedad, Royal Decree No. 01-4 in the year 1826, 1861 & 1891, wherein the name of his bother Don Miguel is also mentioned. The Royal Decree contains the list of sitios, barangays, barrios and municipalities without technical description, much less total land area embraced by it. This was registered in accordance with the Spanish Mortgage Law after due hearing and publication on page 756 of the Gaceta de Manila, May 18, 1891.

It is claimed that the publication consequently gave constructive notice to the whole world that the land/s situated within is privately owned by brothers Don Hermogenes and Don Miguel. That effectively, the private land/s had been withdrawn from the mass of public domain and therefore is no longer alienable and/or disposable.

On November 6, 1902, the Philippine Commission enacted Act 496 known as the Land Registration Act. This provided for the creation of the Court of Land Registration (CLR), the offices of the Register of Deeds and the institution in this country of the Torrens System of Registration whereby real estate ownership may be judicially confirmed and recorded in the archives of the government. The system, however, actually took effect on February 1, 1903.

Thus, to comply with the Act, in February 1908 a surveyor V.E. Kerr was engaged to conduct a survey. He excised a land area containing an estimated 1,282,410,000.00 square meters situated in Pasay, Makati, Diliman, Paranaque, San Dionisio, Bicutan, Las Pinas, Montalban, Muntinlupa, Antipolo & other adjacent municipalities from the land mass embraced by the Royal Decree. The survey identified the lines, bearings & distances using the Binondo Church’s bell tower as tie line. A survey plan was then prepared and filed with the Court of Land Registration, and after proceedings was approved May 4, 1909, hence Approved Plan ii-219.

It appears that in addition to Approved Plan ii-219, another area was surveyed October 8-17, 1909 and approved November 16, 1909. The additional area excised from the Royal Decree is 2,286,224,950 square meters, situated in the municipalities of Mariquina, Caloocan, San Mateo, Montalban, Pasig & Cainta. This Approved Plan was designated PSD 767. This has an unreadable accession number, may be 224153 or 234153.

On July 1, 1876 (must have been 1906) by virtue of Act No. 2347, the jurisdiction over land registration cases of the Court of Land Registration was transferred to the Court of First Instance. A new office, known as the General Land Registration Office (GLRO), was charged with the functions, among others, of looking into the effective implementation of the Land Registration Law. The offices of the Register of Deeds were, per Section 192 (a) of the Revised Administrative Code, placed under the administrative supervision of the GLRO.

Judge Julio Llorente, the presiding judge of the Court of First Instance, Province of Rizal after duly and regularly hearing GLRO record no. 24675 decreed that Don Miguel Rodriguez, Dona Petra Rodriguez and Gonzalo Yaneza y Rodriguez are owners in fee simple of a certain land in the Province of Rizal particularly described in ii-219 approved plan. The decision is contained in Decree No. 155948 promulgated January 30, 1911.

Therefore, the total land area excised from the Royal decree and registered in the name of Don Miguel Rodriguez, Dona Petra Rodriguez and Gonzalo Yaneza y  Rodriguez amounted to 3,568,634,950 square meters.

It is important to secure a verified/certified copy of both Approved Plan ii-219 & Decree No. 155948 and PSD 767 because all claims will emanate from these three (3) documents. Very important still, if you take a very close look at Approved Plan ii-219, you will notice that the plan is divided into three (3) parcels. And that maybe 98% of the land area is in the name of Gonzalo Yaneza y Rodriguez; while PSD 767 is divided into six (6) parcels. These details must have been missed by all other claimants to the estate. In fact PSD 767 is not mentioned in any court case or referred to in any spurious documents we’ve seen. We can have the verified/certified plans plotted to determine the extent of Gonzalo Yaneza y Rodriguez’ portion.

In addition, there exist a handwritten will/testament in Spanish by Dona Petra Rodriguez bequeathing her rights over the Royal Decree to her eldest child Don Gonzalo signed August 31, 1907 in Mariveles, Bataan and witnessed by Mr. Jose Barcelona, registrar of the office of the Register of Torrens of Bataan. This document was overtaken by events when a survey was conducted, the prepared plan approved and the approved plan granted a decree.

Don Gonzalo in a Deed of Sale signed in the presence of his wife Aniceta & grandson Jaime and duly notarized on November 16, 1966 sold, transferred, conveyed & ceded to her eldest daughter, Lourdes all his ownership, possessions, improvements, rights & interest over lands described in Approved Plans ii-219 and PSD 767.

A copy of this Deed of Sale is important to have and should be interesting to know how the document was worded and the extent embraced by it. Don Gonzalo could not have sold and ceded his rights and interest over the entirety of the Royal Decree because only portions of the area described in the Royal Decree were surveyed and assigned reference numbers.

On the other hand, assuming that after due hearing and publication in Gaceta de Manila on May 18, 1891, the Royal Decree validly complied with the requirements of the Spanish Mortgage Law; then for all intents and purposes, claimants presenting themselves as heirs and administrators of the Don Hermogenes Rodriguez Estate should limit their interest to land/s embodied in the Royal Decree less the land areas described in plans ii-219 and PSD 767, which have been approved in the names of Don Miguel Rodriguez, Dona Petra Rodriguez and Gonzalo Yaneza y Rodriguez.

In my opinion, except for land/s embraced by Approved Plans ii-219 and PSD 767 other areas which were not surveyed & applied for under Act 496, therefore did not qualify for registration under the Torrens System. This may have been a reason that LRA experts take the legal position that all titles emanating from Titulo de Propriedad, Royal Decree 01-4 are fake. Another reason is that the effectivity of P.D. 892, which is explicit on Spanish Titles not registered according to Act 496 within six (6) months shall be ineffective as proof of land ownership. In other words these lands can be classified as alienable and disposable. But the late President Ferdinand E. Marcos’s receipt from Dona Lourdes of the documents is substantial compliance.

Several PSD/PSU were traced to have been derived from the two (2) Approved Plans as follows:

  1. 3632, filed in 1915 and approved in 1916. Per certification issued by the then Ministry of Natural Resources (Bureau of Lands in Marikina) and signed by Manuel A. Cervantes, Chief, MOSP IV-C on May 18, 1982, PSU 3632 is with accession no. 332778 in the name of Gonzalo Yaneza y Rodriguez;
  2. 6139, comprises an estimated 43,000,000 square meters, situated in Tuntung & Pamplona, Las Pinas and Sucat, Paranaque. Ownership is evidenced by Tax Declaration 782-B in the name of Gonzalo Yaneza y Rodriguez ;
  3. 6163, surveyed February 5-December 7, 1915 and approved November 13, 1916 containing an area of 514,785,555 square meters, situated in the Manila, Caloocan & Pasig. Per certification issued by the then Ministry of Natural Resources (Bureau of Lands in Marikina) and signed by Manuel A. Cervantes, Chief, MOSP IV-C on May 18, 1982, PSU 6163 is with accession no. 332770 in the name of Gonzalo Yaneza y Rodriguez. This PSU has a Tax Declaration issued September 21, 1973;
  4. 6339, approved in 1917 embracing portions of land situated in now Quezon City. A relocation survey was conducted in 1984 for Kadakilaan Estate. No other details;
  5. 28798, embracing 4,000,000 square meters in Tuntung, Pamplona, Las Pinas is in the name of Gonzalo Yaneza y Rodriguez and issued Tax Declaration No. 2289;
  6. 28799, approved in 1922. Per certification issued by the then Ministry of Natural Resources (Bureau of Lands in Marikina) and signed by Manuel A. Cervantes, Chief, MOSP IV-C on May 18, 1982, PSU 28799 is with accession no. 332771 in the name of Gonzalo Yaneza y Rodriguez.  A relocation survey conducted in 1972. The area is covered by a Tax Declaration but no details available.


It should be noted that all six (6) subordinate approved plans and Tax Declarations are in the name of Gonzalo Yaneza y Rodriguez; and should therefore be considered the root proof of land ownership subject of the estate.

In October 6, 1965, Kadakilaan Estate, a partnership among Dona Lourdes Rodriguez Yaneza and her two sons Angel Tomas Yaneza Reyes & Jaime Yaneza Reyes was formed and registered with the SEC on October 6, 1965. On March 25, 1969 Dona Lourdes transferred to Kadakilaan Estate 80% of her ownership in the lands acquired from her father Don Gonzalo.

There exists an unregistered cadastral survey plan in the name of Kadakilaan Estate for three (3) parcels containing an aggregate area of 24,132,999 square meters. PSU 2095, Lot 7742, Case 8, Cad. 674; PSU 2095, 7743, Case 8, Cad.674 & PSU 2050, Lot 7744, Case 8, Cad. 674. These lots are situated in Barrio San Isidro Municipality of Montalban. The plan was prepared by Engr. Manuel A. Cervantes and certified by him on November 29, 1983 in Marikina.

On September 14, 1989, the Department of Agrarian Reform thru the Angeles Municipal Agrarian Reform Officer informed Kadakilaan Estate that their 2,000,000 square meter property situated in Sapang Bato, Angeles City is within the Compulsory Acquisition, hence included among others. No additional information about the proceedings that transpired nor communications to prove that the property was indeed acquired and distributed.

On February 16, 1976, the late President Ferdinand E. Marcos signed P.D. 892, Discontinuance of the Spanish Mortgage System of registration and of the use of Spanish Titles as evidence in land registration proceedings. A week thereafter on February 23, 1976, the late President received from Dona Lourdes Rodriguez Yaneza the Owner’s Original Duplicate Copy of the Titulo de Propriedad de Terrenos of 1891, Royal Decree 01-4 Protocol and approved plans of lands (meaning more than 1 plan) registered under the Torrens System having complied with P.D. 892.

On Augusts 19, 1991,, Dona Lourdes transferred to Kadakilaan Estate the remaining 20% ownership in lands acquired from her father. In June 23, 1993 Dona Lourdes executed a Deed of Sale notarized in San Francisco, State of California, U.S.A. of her ownership in Kadakilaan Estate in favor of his two sons Tomas and Jaime. She died three (3) years later.

OFFICIAL NOTICE

THE ONLY AUTHORIZED PERSON WHO CAN LAWFULLY REPRESENT THE ESTATE OF THE LATE LOURDES RODRIGUEZ YANEZA AND/OR THE KADAKILAAN ESTATE IN THE PHILIPPINES IS THE SOLE HEIR AND OWNER OF THE ESTATE, ANGEL TOMAS YANEZA REYES

IMPORTANT NOTICE

We are issuing this notice that any seller or donor of the real estate that may belong to Angel Tomas Yaneza Reyes, owner and president of the Kadakilaan Estate is acting in bad faith. No one is authorized to sell or dispose the ancestral land except the Owner and President of the Kadakilaan Estate. All Power of Attorneys issued by Angel Tomas Yaneza Reyes in the past had been revoked. No administrator had been appointed to represent the Estate until further notice.

Please inform us of any fake or fictitious “Power of Attorney” issued allegedly by Dona Lourdes Rodriguez Yaneza so that we can take proper action against the perpetrators.

We would like to protect the public especially the poor and needy of our dear Republic of the Philippines. Your cooperation is much appreciated. You may email ANGEL TOMAS YANEZA REYES  at email@kadakilaan.com or angeltreyes@gmail.com

 

HISTORICAL BACKGROUND

The Kadakilaan Estate is a family partnership duly organized and registered since 1965 and actively operating in accordance with the laws of the Philippines.

Here are the salient points of its existence and the documented historical background where the estate firmly stands.

1. Kadakilaan Estate had acquired and owns encompassed in 11-219, a plan approved by the Bureau of Lands, base on Spanish Title, otherwise known as TITULO DE PROPIEDAD de TERRENOS no. 01-4. A certification issued by the National Library, certifying that Titulo de Propiedad de Terrenos no. 01-4, an almost a century old Spanish Title, was duly registered in accordance with the Spanish Mortgage Law after due hearing and publication on page 756 of the Gaceta de Manila if May 18, 1891.
2. In view of the above- mentioned publication in the Gaceta de Manila, constructive notice was served upon and binds the whole world, including the Government and all persons already born or unborn, that the land was privately owned and registered in the name of DON HERMOGENES RODRIGUEZ and DON MIGUEL RODRIGUEZ, predecessors-in-interest of the KADAKILAAN ESTATE. This private land had been withdrawn from the mass of public domain and therefore is no longer alienable or disposable.
3. When the Philippines was ceded by the Spanish Government to the United States in 1898, the land areas encompassed and described based on said plans stated in the above-stated Spanish Title were protected and preserved for its private owners by the Treaty of Paris according to Section 9, Article IX thereof, which was ratified by the U.S. Congress on December 10, 1898. We firmly believed that Treaties should be honored and not be subject to governmental amendments and modification.
4. The United States Government ruled and governed the Philippine Islands. The U.S. Constitution of 1776 was imposed to protect the property rights of Filipinos as well as Spanish subjects even if they got out of the Philippine territory to reside elsewhere.
5. The Land Registration Law known as Act 496 took effect in the Philippine Islands and the ancestral land was placed and registered under the Torrens system of Land Registration upon approval by Bureau of Lands of 11-219 in 1909.
6. The former President Ferdinand Marcos issued a receipt, “For file of the Republic of the Philippines in trust”, tacitly admitting that P.D. 892 had been complied and satisfied with the submission of Approved Plans “registered under the Torrens System”. There is no doubt that the ancestral is already registered under Torrens system of the Land Registration Law and the only ministerial mechanics which the Government is under obligation to comply or perform is the confirmation of the foregoing registrations by issuing the Torrens Title or Original Certificate of Title based on the approved plan 11-219 in the name of predecessor-in interest KADAKILAAN ESTATE.
7. KADAKILAAN ESTATE is the absolute owner of the ancestral land encompassed by Plan 11-219 based on ROYAL DECREE-01-4 and the ownership is indefeasible, imprescriptible and incontrovertible. This privately owned and registered land cannot be just taken away from its legitimate owner without due process of law, and even for public use without just compensation from the Government.
8. This registered ancestral land can no longer be subject to a judicial registration proceedings unless the application or petition for registration is supported by a waiver, transfer, sale or any deed of conveyance duly executed by the KADAKILAAN ESTATE or its predecessors-in interest in favor of the applicant for registration.
9. All registration proceedings over or involving the ancestral land area encompassed in Plan11-219, are null and void from the beginning because the courts then during the American regime in the Philippines did not have the jurisdiction to dispose of alienable lands already titled, owned and registered under the Torrens System in the name of the predecessor-in-interest KADAKILAAN ESTATE.
10. The Courts that decreed the issuance of a Torrens Title over the land areas had already withdrawn from the mass of public domain and duly registered after due publication and hearing under the Spanish Law at the time and under the Torrens Law in 1909 could not have acquired or did not have the jurisdiction to do so and in view of all court proceedings thereafter are null and void from the beginning considering further that with the submission to and approval of Plan 11-219 by the Bureau of Lands, the land areas involved therein had been already registered not only under Torrens system in 1909 but also under Spanish Land Law in 1891.
11. Any and all mother titles like OCT-333, OCT-735, OCT-614, OCT-632, OCT-994, OCT-396, OCT337, OCT-730 and etc. issued over the ancestral land within the encompassed of Plan 11-219 based on Royal Decree 01-4 during the American administration are null and void from the beginning so that it follows perforce that all transfer certificates of titles derived from them are null and void from the beginning for lack of jurisdiction and behooves upon the Government to correct or do something about the greatest blunder-plunder of the century by declaring the nullity of the unscrupulous Torrens titles inside the approved Plan 11-219 based on Royal Decree 01-4.

Written by Angel Tomas Yaneza Reyes
Owner and President of the
KADAKILAAN ESTATE

OWNERSHIP

1. The Kadakilaan Estate was formed and registered with the Philippine Securities and Exchange Commission as a family partnership on October 6, 1965 by Dona Lourdes Rodriquez Yaneza and her sons, Jaime Yaneza Reyes and Angel Tomas Yaneza Reyes.
2. Don Gonzalo Rodriquez Yaneza sold, transferred, conveyed and ceded to her eldest daughter, Lourdes Rodriquez Yaneza all his ownership, possessions, improvements, rights and interests over the tracts of lands as governed and covered by the TITULO DE PROPIEDAD DE TORRENOS of ROYAL DECREE No. 01-4’ Protocol. A notarized Deed of Absolute Sale was signed on November 16, 1966 by Don Gonzalo Rodriquez Yaneza in the presence of two witnesses namely Aniceta Yaneza, his wife and Jaime Yaneza Reyes, his grandson.
3. Dona Lourdes Rodriquez Yaneza sold, transferred, assigned, conveyed her 80% ownership, rights, interests and possessions of the properties she acquired from her father, the tracts of land covered by the TITULO DE PROPIEDAD DE TORRENOS of ROYAL DECREE No. 01-4 to the KADAKILAAN ESTATE on March 25, 1969
4. Dona Lourdes Rodriquez Yaneza sold, transferred, assigned, conveyed her remaining 20% ownership, rights and interest and possessions of the properties she bought from her father, Don Gonzalo Rodriquez Yaneza, the tracts of land governed by the TITULO DE PROPIEDAD DE TORRENOS de ROYAL DECREE No. 01-4 to the KADAKILAAN ESTATE on August 19, 1991.
5. On June 23, 1993, Dona Lourdes Rodriquez sold, transferred, ceded, waived and relinquished all and any ownership, interests, shares and rights over the real properties in the name of KADAKILAAN ESTATE, a partnership duly registered under the Securities and Exchange Commission of the Philippines in favor of her duly registered partners and sons namely Angel Tomas Yaneza Reyes and Jaime Yaneza Reyes. Signed and notarized deed of sale was issued in San Francisco, State of California, United States of America and took effect thereafter.
6. Since the passing away of Jaime Yaneza Reyes last December 22, 2003, his brother and only partner in the KADAKILAAN ESTATE, Angel Tomas Yaneza Reyes is now the absolute owner and President of the KADAKILAAN ESTATE.