THE Supreme Court yesterday denied with
finality the bid of the Ayala and Zobel families to reacquire
the 12,000-hectare Hacienda Calatagan in Balayan, Batangas which
has long been declared government property.
The court en banc also warned the group of
respondents Ayala y Cia and/or hacienda Calatagan, Alfonso Zobel
and Enrique Zobel that should they continue to file various
pleadings and motions to derail the execution of its final
decision issued in 1965, they will be cited for contempt.
"We reiterate our directives in our
resolutions of November 2006 and April 15, 2008. This denial is
final. Under pain of contempt, no further pleadings and motions
(including one for reconsideration or clarification) shall be
allowed in these long pending cases," the SC said.
The court likewise rebuked Judge Roberto
Makalintal of the Balayan regional trial court for issuing
resolutions deviating from its final order on Aug. 1, and Nov.
22, 2000.
The Ayala group had asked the SC to
reconsider its April 15, 2008 resolution directing Judge Ma.
Cecilia I. Austria of the Balayan RTC to proceed with the
immediate execution of the 1962 decision of Judge Damaso Tengco
of the Batangas Court of First Instance.
Judge Makalintal was the predecessor of Judge
Austria.
The 1962 CFI decision declared null and void
the transfer certificate title n. T-9550 of the Register of
Deeds of the Batangas and other subdivision titles issued in
favor of Ayala and/or Hacienda Calatagan over the areas outside
its private land covered by the TCT No. 722. The same ruling
directed the Ayalas to return the properties to the state. In
1965, the court affirmed the CFI decision.
The SC pointed out that 43 years after its
decision had become final and executory, the order of the CFI
has yet to be carried out despite a writ of execution issued by
the SC.
The case stemmed from a proceeding filed by
the Philippine government before the CFI Batangas against Ayala
y Cia and eight others to annul the titles which illegally
included portions of the territorial waters and lands of the
public domain when they surveyed and prepared a composite plan
of Hacienda Calatagan, increasing its original area from
9,652.583 hectares (covered by TCT 722) to 12,000 hectares.
Aside from the annulment of titles,
government also sought the recovery of possession of areas for
which fishpond permits were already issued.
The SC said the owners of Hacienda Calatagan in ordering the
subdivision of the estate enabled them to acquire titles to and
illegally absorb the subdivided lots which were outside the
hacienda’s perimeter which they converted into fishponds and
sold to third parties. – Evangeline C. de Vera
