Saturday, 29 August 2020

Expanded region

Expanded region

In ruling against Hacienda Bigaa on April 20, 2010, the Supreme Court quoted from its own choices in similar cases. “Significantly,” the justices said in a choice written via Justice Arturo Brion, “we declared…that the Republic, because the rightful proprietor of the increased portions of the general public area has the right to region its lessees and permittees…in ownership of the fishpond masses…” Four different justices agreed with Justice Brion.

“Expanded portions” refers to the two,000 hectares of public area that Zobels added to nine,652,583 hectares protected by using TCT No. 722. Hacienda Bigaa is now Hacienda Calatagan.

According to courtroom filings, the additional 2,000 hectares consisted, “among others, of beach, foreshore and bay areas, and navigable waters (extra regions), making it appear that these extra areas are a part of Hacienda Calatagan’s TCT No. 722.”

The Supreme Court also mentioned that “the Ayalas and/or Zobels later ordered the subdivision of the hacienda, such as those extra areas, and sold the subdivided masses to 1/3 events.”

Thursday, 13 August 2020

AS I wrote within the preceding Due Diligencer

AS I wrote within the preceding Due Diligencer, I am resuming my piece at the Zobel-owned Hacienda Bigaa’s ejectment fit. Like the Zobels who owned the hacienda, the fisherman persevered in the 14-yr-old court struggle and received all of the manner from the Municipal Trial Court (MTC) of Calatagan and the Regional Trial Court (RTC) of Batangas to the Court of Appeals.

Finally, the Supreme Court also ruled in opposition to the hacienda in 2010, permitting the fisherman’s heirs to keep occupying a fishing floor that the high court stated changed into no longer a part of Hacienda Bigaa.

I am additionally reporting in these days’s column the petition of the Social Security System (SSS) before the Supreme Court. However, this piece isn't always meant to prejudge the case that has already reached the high tribunal.

In the case docketed under G.R. No. 174160, the high court docket affirmed the ruling of the lower courts against Hacienda Bigaa’s petition to eject Epifanio Chavez from 2,000 hectares that the Zobels had annexed to their belongings.

Ayala y Cia and/or Alfonso, Jacobo and Enrique Zobel were identified in courtroom filings as the proprietors of Hacienda Bigaa.

In May 2001, Hacienda Bigaa appealed to the excessive courtroom, which subsequently ruled towards it, after it lost on the Court of Appeals, which affirmed “in toto” the rulings of the Calatagan’s MTC and Batangas’s RTC.

In short, the Zobels misplaced the case of forcible access they filed thru Hacienda Bigaa towards Epifanio Chavez, who did not live long sufficient to achieve justice on his side. He was changed as defendant by way of Santiago Chavez within the attraction filed with the aid of Hacienda Bigaa before the high court docket.