Pastor hits Baguio execs over ‘bogus’ Irisan lots

‘File court cases, publish TCTs’ 

BAGUIO CITY –A pastor and “owner” of lots in Barangay Irisan here took exception to allegations by city government officials that he had questionable transactions over lots in the area like selling these.

Alex Lupian urged anybody questioning his ownership of the lots to instead file cases against him in court being the proper venue to settle such cases.      

“We desire to know who the real title holders of these Irisan lots are, if they really have better titles than we do. Our Mayor having accused us of being bogus, perhaps he would know the real title holders or owners? May we invite them (the alleged real title holders of these lands) to come up and speak up?” Lupian said in a letter City Assessor Maria Almaya C. Addawe dated Jan. 27, 2020.

Based from an earlier report of Aileen P. Refuerzo, chief of city information office, the “City Legal Office has affirmed the questionable transactions over lands in Irisan barangay as divulged by Mayor Benjamin Magalong in August last year.”             

The report said “in a legal opinion rendered Jan. 6 by Attorney IV Isagani Liporada as requested by City Assessor Almaya Addawe, it was established that the alleged titles over parcels of land subject of transactions that the mayor warned about particularly Transfer Certificate of Title No. 498 and Original Certificate of Title No. O-97 were inapplicable. The titles along with a deed of assignment were presented in a letter dated Aug. 7 to Magalong by one Alex Lupian who felt alluded to in the mayor’s statement that one pastor was allegedly involved in the illegal sale of lots at Purok 28 Irisan along with one individual the mayor named as Joel Mayol.”

Lupian in previous press statements denied a hand in the selling and called out the chief executive’s act of hurling serious accusations against his person without the benefit of due process.

He did so again in the letter to Addawe. 

Liporada earlier said “TCT No. 498 which covers the 12-hectare property purportedly conveyed to Lupian “does not pertain to any property in Baguio City… the property described in said title pertains to land situation in Province of Rizal; Malolos, Bulacan; and Tayabas, Quezon as can be gleaned in the investigation report alluded to by Lupian in his letter.”

“On the other hand, OCT No. O-97 of which Lupian claimed to be the “transferor” had been cancelled by virtue of a “1964 ‘Deed of Partition of Registered Land with Simultaneous Conveyance of Portion’” and supplanted by derivative titles TCTs No. 8378-T-8384, T-8385 and T-8386.”

Liporada also set aside the deed of assignment dated Aug. 30, 2014 issued by one Robert Acopiado with Lupian as “assignee” for allegedly providing false and questionable references.

“While the purported Deed of Assignment references a P.D. (Presidential Decree) No. 1143 issued May 28, 1977, said law does not have anything to do with any technical description of land.  Verification with the Official Gazette of the Republic of the Philippines website reveal that (PD 1143) is a law amending P.D. No. 1137, ‘Standardizing the Salaries of All Government Prosecutors,’” Liporada said.

“The ‘technical description’ of that property purportedly covered by ‘TCT No. 12022’ being inexistent, the Deed of Assignment dated Aug. 29, 2014 therefore, is void and without any force and effect.”

Lupian, in his letter to Addawe however said “It is an unfortunate typographical error on the part of the writer to have made a wrong impression that Daniel Frianeza was the Administrator only of the lands covered by TCT 498, the truth being that he is the Administrator of the Acopiado Estate and had been judicially confirmed by the Pasay CFI Br. 28 (now Br 111), a copy of whose decision with compromise agreement had already been furnished your office, which ponders the nullification and quieting of all OCTs ranging from 01 to 1000,000 from the beginning because of no probative origin under the 1964 original LRC/Civil Case No. 3957-P rendered on February 4, 1972; although we would doubt that your lawyers had gone through it and the other documents we have submitted.”           

“Atty. Liporada makes mention of the areas covered by TCT 498, and as we said above, its reference was a typo error by the drafter of the document, overlooking the fact that the Acopiado Estate covered lands all over the Philippines. It is interesting to note that Atty. Liporada seems to have read the CIDG report, by way of mentioning the “investigation report”. We would like to believe that he would have found there, that the Acopiado Estate covered vast tracts of lands all over the country; in other words, he too would have known, in his heart that the unfortunate error in the drafting was merely an oversight and omission in the legal drafting, but something that does not detract nor subtract from the essence and meaning of the deed of assignment.” 

Lupian added “Our own investigation had shown that the TCTs mentioned in your (Addawe’s) letter do not encompass the whole of the Osio OCT0-97. But even assuming without conceding that they did, and that OCT 0-97 was cancelled totally, it still does not detract from the title  we had because Albert Osio had reserved for himself more than sufficient lands which his heirs in turn inherited from him. In other words, we are legal and in rightful possession of that part of that Osio Estate which Albert Osios’ heirs inherited from him.”

Liporada earlier said “As to those who have already bought the property, moved by the purported titles.., the undersigned recommends they confer with their respective lawyers as to whatever legal actions available to them.”

To this, Lupian said, “We would like to request (the city government)

to publicize each and every TCT within the records of the ROD (Registrar of Deeds), as well as the DENR and other government agencies insofar as the Irisan lands are concerned for the public to be informed and forewarned too, as to the existence of similar TCTs now circulating.”

Reports said earlier controversial TCTs had emanated from the ROD which resulted to the conviction by a court of a former Baguio ROD chief who was sentenced to eight years in prison.