Olarte Hermanos Y Cia Corp. lays legal claims over 973-hectare Olarte Estate

To set the records straight anent the decadal battle of the heirs of Don Jose Pelayo Olarte in defending their successional rights over a vast track of land located strategically in the heart of the historical Buayan Municipality, also known then as Dadiangas, and now General Santos city, recovering every portion illegally possessed by outsiders, and protecting what was left, it is high time to let the people know of the history of the said land by walking through the factual milieu of the Don Jose Olarte’s legitimate possession and occupation of his 973-hectare estate, if only to illumine and educate the public against the insults and fabrications made by no less than the organized land grabbers who continually spew negative propaganda aimed at discrediting the heirs of Don Jose Olarte who are largely financially challenged.

Notwithstanding the apparent challenges, the majority of the heirs of Don Jose unanimously decide to stand up and face the boisterous and masquerading few goliaths who actually hold nothing but obviously alleged documents that have no legitimate link and factual trace to the legal title held by Don Jose Pelayo Olarte, as regards his 973-hectare land. This move has no other purpose but to shed light on the clear successional rights of the heirs of Don Jose Olarte as established and shown not only by the actual possession since time immemorial, but also through verified documentary pieces of evidence which are silent repository of the actual truth. Such can never be muted by whatever maneuverings invariably done in all fora available as have been done by the impostors.

For almost a century now, starting the early 1930s, descendants of the late Don Jose Pelayo – Olarte, have seen the 973-hectare estate, presently located in Barangays Labangal and Apopong, General Santos City, the supreme legacy of the grand Olarte Patriarch, wasting away thru spurious deals by a syndicated land scamming octopus.

The historical background of the subject land started in what was then the Makar District of the Municipality of Buayan, being a part of the old empire province of Cotabato.  Don Jose P. Olarte came as a Spanish immigrant from Santander, Spain.  He first came to Manila, Philippines to escape a restive situation in his native land in August 1908. The young adventurous and hard-working migrant lived in Manila, moved to Bicol, then to Davao, where he worked as a utility and cowboy of Don Mateo Matute. He did not stay long in Davao to establish his family, for Don Matute encouraged him to visit Makar District in Cotabato. Jose Olarte came first to explore the vast possibilities of the new southern frontier in 1916.  He was followed by his younger brother ALBERTO OLARTE a year later in 1917.

Guided by his vision of putting up a hacienda, an agri-business company much like those in the Visayas and Luzon, Don Jose P. Olarte scouted for a huge tract of land purposely for planting abaca, pineapple, coconut and for cattle raising. The OLARTE’S pioneering spirit brought them to the Municipality of Buayan, commonly known as Dadiangas, but has been renamed now as Gen.Santos City. With the help of American authorities, the Olartes established the Hacienda Olarte Hermanos which was later registered as OLARTE HERMANOS Y CIA (CORPORATION). “The family corporation was organized under the provisions of the Old Corporation Law and registered under the Mercantile Register of the Bureau of Commerce prior to November 13, 1923, the day SC (Sales Corporation) 6834 was notarized in Glan, Cotabato”.

As a result, Don Jose P. Olarte, acting as President and on behalf of Olarte Hermanos Y Cia, was issued on January 21, 1926 a Sales Corporation Patent No. 6834 by the Insular Government of the United States of America.  By virtue of the Sales Corporation Patent, Original Certificate of Title (OCT) 12 was issued on June 28, 1929  to Olarte Hermanos Y Cia by the Register of Deeds of the Province of Cotabato.  Under Entry No. 1312, on the memo of encumbrances, (OCT) 12 was presumptively / accordingly mortgaged to El Hogar Filipino, mysteriously only fifty-six (56) days from the issuance of the title on August 23, 1929, but there is no copy of the contract signed by the parties obtainable from the Register of Deeds of Cotabato, Kidapawan, South Cotabato and General Santos City.

The late Jose Pelayo Olarte’s vision to organize an equivalent of the modern-day corporation by the name of Olarte Hermanos y Cia, and registering the 973-hectare estate as the primary component of its Sales Corporation Patent No. 6834, issued by the Insular Government of America, is incontestable.  It has saved the vast estate from the unscrupulous schemers who have almost succeeded after several decades; but no thanks to the fact that they were not able to devise a perfect land scamming operation.

For decades, the descendants of the late Jose Pelayo Olarte were groping in the dark while an almost a thousand hectares of lands, located in Labangal, then District of Buayan, General Santos City, which for purposes of our discussion we shall call the Jose Pelayo Olarte Estate, were being eaten away, little by little, like a big log or wood is being taken, piece by piece, by bugs or “anay”, in the case of the subject lands, by an organized land-crime syndicate.

The vision of the late Jose Pelayo Olarte, in the early 1930s, to organize an equivalent of the modern-day corporation by the name of Olarte Hermanos y Cia, and registering the 973-hectare lands in its name, is providential.  It saves the day for the land-properties from the unscrupulous schemers who almost succeeded, thanks that it was not so perfect a crime.

The Grand Design was probably tempted by the loss of the Owner’s or Duplicate Copy of the Original Certificate of Title (OCT) No. 12 (Register of Deeds, General Santos City), in the name of Olarte Hermanos y Cia, and which could have given the temptation to the schemers to work out an agenda to dislodge Jose Pelayo Olarte from his ownership of the lands.

The Second World War (WWII) brought about so many upheavals on many things, including on ownerships of lands, such as for instance, when all members of a landed family were all decimated by the war, and no one member would pursue the ownership.  In the case of Jose Pelayo Olarte, his hiding during WWII was extended and it was only in the early 1950s that he surfaced, too late because a bunch of carpetbaggers was already concocting and executing a not-too-well-conceived agenda to land-grab the Jose Pelayo Olarte Estate.

It was too good that the absence of Jose Pelayo Olarte was complemented by the presence and continued possession and occupancy of the lands by his (Jose Pelayo Olarte’s) next-of-kins, which made impossible any possession-grabbing by the scheming band-of-gangs, to the point that the schemers resorted to a strategy of pencil-pushing first, in their hope, when the pencil-pushing shall have succeeded, that possession of the lands can come in too easily later.

So,  first were the embedding of words, the pencil-pushing, that the 973-hectare lands is lost to Olarte Hermanos y Cia, accordingly, back-pedaling the loss, accordingly on account of an inexistent Judicial Foreclosure of a mortgage in about 1933.  Of course, the pencil-pushing, was backed up by support of spurious or fabricated documents, that were presented in mocked-up court cases, which will certainly give the idea, that the Grand Design is the handiwork of a syndicate, some members of which have legal knowledge or are even well-placed in the legal and judicial community.

The pencil-pushing, of course, is quite sophisticated because all had been accomplished not just by press releases or public relations stunt, but in the courts of the land, and with mock-up cases, where fairy-tale stories of mortgage to El Hogar Filipino and subsequently of judicial foreclosure of the mortgage, again, back-pedaled to, accordingly, in the 1930s, and coming up with, accordingly favorable decisions thereof, it has reached the point that the schemers had almost succeeded into pushing the idea that their “ownerships” to the lands is already proven by cases that are res judicata.

For the benefits of the un-initiated, the term res judicata means the matter had already been conclusively decided and ruled on by courts and may not anymore be open for any further discussion.

Again, as stated earlier, it was providential that OCT No. 12 was registered in the name of a “corporation”, what was organized as Olarte Hermanos y Cia.

TO ILLUSTRATE THE SCHEME ADVANCED BY ILLEGAL CLAIMANTS, THE FOLLOWING FACTUAL AND DOCUMENTED RESOUNDING TRUTH CANNOT BE OVEREMPHASIZED AS HEREUNDER NARRATED AND DISCUSSED.

After WWII, Olarte Hermanos y Cia continued to be in actual physical  possession of the lands embraced under OCT No. 12, but unmindful that the Owner’s (second) Duplicate Original copy of the Title was nowhere to be found; anyway, no one from within Olarte Hermanos y Cia had ever been told that the lands was not anymore owned by Olarte Hermanos y Cia, [at least, NOT then yet], or it can be said that the agenda was (then) yet a-cooking.

Otherwise stated, if – as will thereafter-later might be alleged or might be pushed, again, that – accordingly, there had been allegedly a Judicial Foreclosure in Year 1933, respecting the subject lands, (assuming without conceding there was or had been), it is – nevertheless – safe to assume that there had NEVER been any issue of any Writ of Possession.

It is NOT true that during their campaign to legitimize their foothold on the subject property (under OCT No. 12), that the Principal defendants had been “in possession” of the property since from 1933.  That FACT will be clearly seen as we go further, in the discussion, one by one and little by little.  [Again, we reiterate, even if assuming, without admitting, that there was a Judicial Foreclosure proceedings, anyway, there was ever no proof that a Writ of Possession had ever been issued and implemented.]  But there could never had been any honest-to-goodness Writ of Possess certainly because the tell-tale fairy-story of a “mortgage” and “foreclosure of mortgage” was only concocted after WWII.

It is NOT true, either, that there was ever a CANCELLATION of OCT No. 12 before WWII.  Again, that FACT will be clearly shown as we go on with the discussion.

Otherwise stated, at that early post-WWII, the GRAND DESIGN was then just about yet being concocted and/or planned [meaning, the AGENDA had just been concocted, planned, the conspiracy formed and organized, and the implementation of the agenda executed, only after WWII.] 

Thus, the FACT [that soon revealed itself and became known to the outside world] that the Owner’s (second) Duplicate Original copy of OCT No. 12 was lost from the hands of Olarte Hermanos y Cia somehow had tempted unscrupulous minds to come up with fraudulent paper-transfer/s or false paper-conveyance/s of the lands, with the Grand Plan or idea that authentication OR legitimation [by way of wresting possession over the property] to come up later (when the paper-documentation shall have been completed, and shall have attained acceptance from the general public and the bureaucracy, after all, to borrow from dictator Adolf Hitler, “lies repeated many times become the truth”).

Then, sometime on ANY DAY from about the YEAR 1948 and up, to make out the story-line, and to provide the notion or impression (and which – they project or foretell – would sooner graduate to become crystal-proof as  “FACT” or “TRUTH”), that:  a)  the subject lands had been mortgaged to El Hogar Filipino; and that  b)  the mortgage had been judicially foreclosed, on or about (back-pedalled to) the year 1933, the Grand Design, Agenda, or CONCOCTION soon was found to have been put from paper-plan to field-work or “execution”:

The FIRST “magic”, if the first Original copy of OCT No. 12, kept at the vault of the Register of Deeds, was actually intact, was to have made it “dis-appear” from the vault of the Register of Deeds, and indeed, the first original copy of OCT No. 12 was made or converted into one that is “missing” from and in the inventory of the Register of Deeds [the “dis-appearance” had to be effected, in order that when the RE-APPEARANCE shall have been staged, the OCT shall by then have carried, or shall have the imprint of the concocted lies];

The SECOND “magic” was the duplication (re-production of a copy) of OCT No. 12 [we will call it the “REPRODUCED OCT”], and in order that or where fabricated “annotation” could be “entered” [into the “REPRODUCED OCT”] to make it appear that OCT No. 12 had been “mortgaged”. These were the tasks that require expertise (herein-under later, when we shall have related the details, it shall be shown that it had never been a perfect crime);

Why was it NOT a perfect crime?  Herein-under later, when we shall present or attach as annex, a copy of OCT No. 12, when suddenly, OCT No. 12 shall have made a RE-APPEARANCE in the inventory of the Register of Deeds, there shall have APPEARED at the back of the OCT, that “annotation” as ENTRY NO. 1312, allegedly about a “mortgage” in favor of defendant El Hogar Filipino, but which ENTRY shall reveal the imperfections (showing it was the handiwork of an uninitiated);

There were, of course, preparations of other supporting documents that would show and demonstrate the cacophony of events and activities that would, collectively, ultimately led and culminate to the end-product of the Grand Design, the appearances that the “mortgage” had been judicially foreclosed, OCT No. 12 had been CANCELLED, in its lieu Transfer Certificate of Title (TCT) No. 886 issued in the name of El Hogar Filipino, and transferred, again, into and in the names of Espina Sisters [now-a-days, the Principal defendants would associate themselves to the Espina Sisters as their predecessors-in-interests, and nowadays,  the continuing saga of deprivation of property thru “falsification” continues, as in fact, the Revival of Judgment Case, Civil Case No. 17-8991 is still pending before the Supreme Court on appeal];

Yes, Sir, we are speaking, herein, in this instant, of a continuing crime of falsification towards the ends that the members-stockholders of Olarte Hermanos y Cia shall be made to have been deprived of property, and plaintiffs resist and fight against the same thru invocation and protection of the law and of the due process of the law;

Yes, Sir, and in the crime of falsification, the principle is, whoever might be in the possession of the falsified document/s is the author whereof, or whoever use for own benefit/s the falsified document/s is/are equally as guilty;

Yes, Sir, we are now in the last phase of the crime of deprivation of property thru falsification, the phase as we are now faced today, when Principal defendants NOW would utilize “decision/s” of case/s sought to be declared Absolute Nullity/ies, in this instant, in order to wrest possession of properties embraced under OCT No. 12 from the herein plaintiffs, thereby in order to finally legitimize.

The THIRD “magic” was the “fabrication” of documents that would purport to show that there had been proceedings for Reconstruction of Title/s, that was back-pedalled to have occurred, accordingly, per the tell-tale, as early as in the mid-1930s, which included, ALL at once, and at the same time, or independently at various times, reconstructions of OCT No. 12, TCT No. 886, or even including a third transfer or conveyance from El Hogar Filipino into the Espina Sisters;

Why do we say it was “fabrication”, and that it was back-pedalled?  Herein-under, we shall present document/s showing that such “reconstruction” never happened, that the twisting of the FACTS was done after WWII, and that assuming, upon the other hand, without admitting, that indeed there was, in truth, such proceedings, we can assume that all documents presented were all “fabricated”;

One document that will prove the foregoing is the CERTIFICATION issued by the Registry of Deeds for Cotabato Province, issued on June 30, 2022, to the effect that ENTRY NO. 1312, the one mentioned xxx, was NOT about a mortgage of OCT No. 12 to El Hogar Filipino, and that the ENTRY was made on November 19, 1947;  

Clearly, there was ever no mortgage to El Hogar Filipino, and no annotation, at the back of OCT No. 12, that was “ENTERED” before WWII insofar as the ENTRY NO. 1312 did not exist before the Pre-WWII;

The FOURTH “magic” were the fabrication of alleged “case/s” and/or the filing of “mock” case/s upon “mock” case/s, and “mock” case/s after “mock” case/s, NOT against the real party-in-interest, Olarte Hermanos y Cia, but against persons and personalities without qualifying their stature or relation to Olarte Hermanos y Cia, [oftentimes, between and among themselves (or otherwise, among the culprits) in a sort of moro-moro or staged litigation], and those case/s were all designed to result to, to corroborate, or to bear out a conclusion or decision affirming an end result or effect that OCT No. 12 had, even as early as in, or back-pedalled to, 1933, been already  CANCELLED on account of pencil-pushed, vision- or illusion-created Judicial Foreclosure of mortgage.

Some representative samples are the case/s allegedly against one who had never been authorized to represent or stand for Olarte Hermanos y Cia, but who was a mere member-stockholder whereof, being the son-in-law of Alberto Pelayo Olarte but who was clearly in connivance;

Many of the case/s that rendered OCT No. 12 inoperative, was staged against or versus this one Rodolfo Pascual whose representative capacity (in relation to Olarte Hermanos y Cia) had never been established;

In those magic case/s, fictitious, inexistent, fabricated “document/s” is/are introduced, and passed as genuine;

Or, it is believed some staged litigation/s, in a moro moro appearances of confrontational controversies, were fought and “contested” in a friendly court, or a mock-court-battle were staged, between friendly litigants;

In either way, the end-result was a decision which could  be utilized as proof itself that  a) OCT No. 12 had been already sold at public auction, and  b) had already been cancelled and a Transfer Certificate of Title issued in its lieu;

The case/s, and including the case for Reconstruction of Titles, were all absolute nullities, most especially as against the herein plaintiff Olarte Hermanos Y Cia;

Herein plaintiff Olarte Hermanos y Cia had NEVER been summoned, was NOT made defendant or respondent, and HAD NEVER been notified, and NEITHER was there ever any newspaper publication of those proceedings;

Further, there was NEVER ever any court records, nor records at any administrative office/s, of existence of those case/s.

Thereafter, suddenly, there sprung in the records or inventories of TITLES, at the Register of Deeds, the REPRODUCED OCT No. 12 [with the “annotation” of the fictitious ENTRY NO. 1312 thereon, allegedly, of a mortgage to El Hogar Filipino], and with the NOTE that it had been used and presented in a court  proceedings [as shall be herein-under later discussed]; simultaneously, there also sprung and appeared, in the same inventories of Titles, alleged copy of TCT No. 886, and copy of other TCTs;

Starting at about the mid-1970s and up to and until today, case/s filed, by then, were all designed and intended to wrest possession of the subject lands from the present possessor, Olarte Hermanos Y Cia, AND/OR, to legitimize and make valid, what beforehand were mere products of pencil-pushings.

Presently, the MANEUVERS, “to wrest possession of the subject lands from” Olarte Hermanos y Cia, but NOT only resulting from case/s after case/s, but also from any other types of strategies “to wrest possession”, had resulted to a part of the lands embraced under OCT No. 12 [about more or less twenty percent (20%) of the entire subject lands] had been successfully taken over or in the possession of the Principal defendants herein and/or their successors-in-interests, with Titles ALL derivative from OCT No. 12.

Thus, fortunately and timely enough, now, the advances in taking possessions of the other bigger portion of the 973-lands by the unscrupulous schemers is now being halted, and the reverse process of recovering those already successfully fraudulently grabbed is now in progress.

In addition, interestingly, in a recent development, even the Office of the Reporter of the Supreme Court, surprisingly manifested that the alleged “decision or resolution in G.R. Nos. 80784 and 82801” on which the other claimants of portions of the Don Jose Olarte estate had anchored their assertions, “are not extant in its file”. In other words, such decision or resolution do not exist in the records and file of the Office of the Reporter of the Supreme Court, which to the minds of the heirs of Don Jose P. Olarte, such clear manifestation signifies that there was no such decision or resolution at all. Ergo, the other claimants’ assertions were merely anchored on nothing but flimsy sands.

Thus, on a final note, the factual and well documented truth attendant to the unblemished rights of the heirs of Don Jose Olarte to the entire 973-hectare land currently situated in General Santos City, and the inexistent alleged decision or resolution in the Supreme Court’s records, as asserted by the other claimants, ARE ENOUGH TRUTH FOR SUCH OTHER CLAIMANTS AND OTHER MAMMALS FOR THEM TO STOP DEALING AND TRANSACTING WITH THE PUBLIC IN GENERAL WITH A VIEW OF SELLING ANY PORTION OF THE OLARTE ESTATE.

Ergo, any further trespasses, including those activities blindly assisted by police personnel, must stop, as the corporation HERMANOS Y CIA is watching along with the heirs of Don Jose P. Olarte, who, from the very beginning had never started any violence save to the extent of only protecting their rights, without more.

WE SINCERELY HOPE THAT WITH THIS EXPOSITION, THE HEIRS OF DON JOSE P. OLARTE WILL NEVER BE VIEWED AS SQUATTERS IN THEIR VERY OWN LAND INHERITED FROM THEIR LOLO.

(SGD.) RODRIGO M. OLARTE
Representative, Heirs Don Jose Pelayo Olarte