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PRESIDENTIAL DECREE NO. 293
PRESIDENTIAL DECREE NO. 293
- CANCELLING THE SALE CERTIFICATES AND/OR TRANSFER CERTIFICATES OF
TITLE NUMBERS 62603, 62604, AND 62605, COVERING LOTS 1, 2, AND 3,
RESPECTIVELY, PCS-4383, ALL IN THE NAME OF CARMEL FARMS, INC., WHICH IS
A CONSOLIDATION AND SUBDIVISION OF LOTS 979, 981, 982, 985, 988, 989,
990, 991-NEW, 1226, 1230, AND 980-C-2 (LRC PSD-1730), ALL OF TALA
ESTATE, CALOOCAN CITY, AND DECLARING THE SAME OPEN FOR DISPOSITION TO
THE MALACAÑANG HOMEOWNERS ASSOCIATION, INC., THE PRESENT
OCCUPANTS, PURSUANT TO THE PROVISIONS OF COMMONWEALTH ACT NUMBER 32, AS
AMENDED
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WHEREAS,
last year, a number of employees of the Office of the President of the
Philippines, as well as the personnel of the Presidential Guard
Battalion, including their respective families, had been ordered to
forthwith vacate Malacañang Park; chanroblesvirtualawlibrary
WHEREAS, last year, a number of employees of the Office of the
President of the Philippines, as well as the personnel of the
Presidential Guard Battalion, including their respective families, had
been ordered to forthwith vacate Malacañang Park;chanroblesvirtualawlibrary
WHEREAS, these families, who subsequently organized themselves and
formed the Malacañang Homeowners Association, Inc., transferred
their humble dwellings, in October, 1972, to the vicinity of the Tala
Estate, believing that the land therein forms part of the property of
the Republic of the Philippines, available for disposition and sale to
them;chanroblesvirtualawlibrary
WHEREAS, the said land is, however, being claimed by the Carmel Farms,
Inc., on the basis of alleged Sale Certificates and/or Transfer
Certificate of Title issued in its favor, but which certificates were
recently discovered to have been illegally issued, contrary to the
pertinent provisions of Act 1120, as amended, otherwise known as the
Friar Lands Act, because of non-payment of consideration and
encroachment upon property of the Republic of the Philippines;chanroblesvirtualawlibrary
WHEREAS, said land was formerly part of the Tala Estate, the
disposition of which is subject to the provisions of said Act;chanroblesvirtualawlibrary
WHEREAS, under Section 15 of said Act, title to each and every parcel
of land sold under it is reserved to the Government, until the full
payment of all installments of purchase money and interest by the
purchaser has been made, any sale or encumbrance made by him being
invalid as against the Government;chanroblesvirtualawlibrary
WHEREAS, according to the records of the Bureau of Lands, neither the
original purchasers nor their subsequent transferees have made full
payment of all installments of the purchase money and interest on the
lots claimed by the Carmel Farms, Inc., including those on which the
dwellings of the members of said Association stand. Hence, title to
said land has remained with the Government, and the land now occupied
by the members of said association has never ceased to form part of the
property of the Republic of the Philippines, any and all acts affecting
said land and purporting to segregate it from the said property of the
Republic of the Philippines being therefore null and void ab initio as
against the law and public policy;chanroblesvirtualawlibrary
WHEREAS, it has been the firm policy of the Government of this New
Society, as it was that also of the Old, to provide opportunity for the
landless and homeless to acquire even only residential lots;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation 1081, dated September hereby order and decree
that any and all sales contracts between the Government and the
original purchase, are hereby cancelled, and those between the latter
and the subsequent transferees, and any and all transfers thereafter,
covering lots 979, 981, 982, 985, 988, 989, 990, 991-new, 1226, 1228,
1230, and 980-C-2 (LRC PSD-1730), all and void ab initio as against the
Government; that Transfer Certificates of Title Nos. 62603, 6204, 6205,
covering lots 1, 2, and 3., PCS-4383, all in the name of Carmel Farms,
Inc., which are a consolidation and subdivision survey of the lots
hereinbefore enumerated, are declared invalid and considered cancelled
as against the Government; and that said lots are declared open for
disposition and sale to the members of the Malacañang Homeowners
Association, Inc., the present bona fide occupants thereof, pursuant to
Commonwealth Act No. 32, as amended.
This Decree is hereby made a part of the law of the land shall take
effect immediately.
Done in the City of Manila,
this 14th day of September, in the year of Our Lord, nineteen hundred
and seventy-three.
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