Civ Law 1 Cases - A-I-Part1.docx - Article 2 as Amended(NCC...

This preview shows page 1 - 2 out of 87 pages.

Article 2 as Amended (NCC); Art 5 Labor Code; Sec. 3(1) & 4, Ch. 2, Book VII, Admin Code of 1987 G.R. No. 187587 June 5, 2013 NAGKAKAISANG MARALITA NG SITIO MASIGASIG, INC., Petitioner, vs. MILITARY SHRINE SERVICES - PHILIPPINE VETERANS AFFAIRS OFFICE, DEPARTMENT OF NATIONAL DEFENSE, Respondent. x - - - - - - - - - - - - - - - - - - - - - - - x G.R. No. 187654 WESTERN BICUTAN LOT OWNERS ASSOCIATION, INC., represented by its Board of Directors, Petitioner, vs. MILITARY SHRINE SERVICES - PHILIPPINE VETERANS AFFAIRS OFFICE, DEPARTMENT OF NATIONAL DEFENSE, Respondent. D E C I S I O N SERENO, CJ.: Before us are consolidated Petitions for Review under Rule 45 of the Rules of Court assailing the Decision 1 promulgated on 29 April 2009 of the Court of Appeals in CA-G.R. SP No. 97925. THE FACTS The facts, as culled from the records, are as follows: On 12 July 1957, by virtue of Proclamation No. 423, President Carlos P. Garcia reserved parcels of land in the Municipalities of Pasig, Taguig, Parañaque, Province of Rizal and Pasay City for a military reservation. The military reservation, then known as Fort William McKinley, was later on renamed Fort Andres Bonifacio (Fort Bonifacio). On 28 May 1967, President Ferdinand E. Marcos (President Marcos) issued Proclamation No. 208, amending Proclamation No. 423, which excluded a certain area of Fort Bonifacio and reserved it for a national shrine. The excluded area is now known as Libingan ng mga Bayani, which is under the administration of herein respondent Military Shrine Services – Philippine Veterans Affairs Office (MSS- PVAO). Again, on 7 January 1986, President Marcos issued Proclamation No. 2476, further amending Proclamation No. 423, which excluded barangaysLower Bicutan, Upper Bicutan and Signal Village from the operation of Proclamation No. 423 and declared it open for disposition under the provisions of Republic Act Nos. (R.A.) 274 and 730. At the bottom of Proclamation No. 2476, President Marcos made a handwritten addendum, which reads: "P.S. – This includes Western Bicutan (SGD.) Ferdinand E. Marcos" 2 The crux of the controversy started when Proclamation No. 2476 was published in the Official Gazette 3 on 3 February 1986, without the above-quoted addendum. Years later, on 16 October 1987, President Corazon C. Aquino (President Aquino) issued Proclamation No. 172 which substantially reiterated Proclamation No. 2476, as published, but this time excluded Lots 1 and 2 of Western Bicutan from the operation of Proclamation No. 423 and declared the said lots open for disposition under the provisions of R.A. 274 and 730. Memorandum Order No. 119, implementing Proclamation No. 172, was issued on the same day. Through the years, informal settlers increased and occupied some areas of Fort Bonifacio including portions of the Libingan ng mga Bayani. Thus, Brigadier General Fredelito Bautista issued General Order No. 1323 creating Task Force Bantay (TFB), primarily to prevent further unauthorized occupation and to cause the demolition of illegal structures at Fort Bonifacio.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture