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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 237 -
SUSPENDING ATTY. RAMON D. ABAD, REGISTER OF DEEDS OF SAN JUAN, METRO
MANILA, FOR A PERIOD OF ONE (1) YEAR WITHOUT PAY
This is an administrative case instituted
through a petition, dated July 18, 1989, of Mr. Gilberto M. Paras, a
Land Registration Examiner in the Registry of Deeds of San Juan, Metro
Manila, against Atty. Ramon D Abad of the same Registry, for graft and
corrupt practices, incompetence and ignorance of the law, and
commission or omission of other acts inimical to public service. In the
petition, Paras listed the specifications against Abad as follows:
I.
Using
the facilities of the Registry of Deeds and his influence as Register
of Deeds in directly involving himself in the sale of real estate
properties, particularly the Swire Realty and Spouses Kapalungan
transactions;
II.
Failing
to exercise reasonable skill and diligence in consenting to the
registration of documents in the China Bank, Arellano/Fineland, De
Jesus, and the Goldloop properties, Inc./Robles transactions;
III.
Under
this specification, Paras mentioned Mr. Herminio Disini and Crispino M.
Meru, Jr. accounts and cases of nonfeasance, the latter in broad
language.
A specification entitled
"Administrative Case Filed by Atty. Abad against Jesusa Norieta,
Cashier" was deleted.
On August 18, 1989, then
Secretary of Justice Sedfrey A. Ordoñez issued Department Order
No. 154 creating an Ad Hoc Committee to conduct an
investigation/inquiry of the complaint. Abad submitted, on August 21,
1989, his "Comment on the So-called Petition to oust Atty. Ramon D.
Abad, Register of Deeds, Metro Manila," to which Paras countered with a
Rejoinder dated September 28, 1989.
Paras sought, through a
Manifestation and Motion dated September 18, 1989, the relief of Abad
as Register of Deeds and the appointment of a substitute to serve in an
acting capacity pending the resolution of his petition. The
Manifestation and Motion, treated as a Motion for Preventive
Suspension, was denied by the Ad Hoc Committee, T.s.n., Session of
September 29, 1989, 4; a motion for reconsideration of this denial was
likewise filed, Id; 4-5, which was similarly denied, T.s.n., Session of
October 5, 1982, 2.
After protracted hearings which
started on September 18, 1989 and which lasted to July 3, 1990, Justice
Secretary, now Executive Secretary, Franklin M. Drilon, submitted his
letter-report to me dated April 29, 1991.
In that letter-report, Secretary, Drilon concluded, that:
"In
summary substantial evidence proves the liability of the respondent
Abad for misconduct and violation of the relevant Civil Service
regulation. He can be faulted for misconduct for his overt act of
soliciting through the use of the NLTDRA's official stationery-the sale
of a parcel of land located within the territorial responsibility of
the Registry he heads; his lack of prudence in being a witness to a
transaction involving a title certificate which covered land within San
Juan; and his intent to disregard or disperse with the requirement of
Sec. 71 of the Property Registration Decree. He violated Sec. 3,
Rule XV of the Revised Civil Service Rules which, without any previous
authority from the head of his agency, he required his personnel to
perform overtime services;"
and accordingly recommended:
".. that Atty. Ramon D. Abad be held liable for misconduct and
violation of the pertinent Civil Service regulation and that the
penalty of suspension from the service for one (1) year without pay be
imposed on him."
As to the specifics of the Paras charges, the Justice Secretary had this to say:
1.
"Complainant
Paras asserts that respondent Abad violated the Anti-Graft and Corrupt
Practices Act, as amended. However, he omits to pinpoint the specific
provisions of the said Act which the respondent allegedly violated when
he sent the 21 March 1989 letter and signed as witness to the 29
November 1988. Contract to Sell between the Kapalungans and Danaos. The
Anti-Graft and Corrupt Practices Act enumerates eleven (11) acts or
omissions of public officers but complainant Paras fails to indicate
under which of the said acts or omissions the aforementioned actuations
of respondent Abad fall. Respondent Abad definitely has the right to
know the specific provisions of law he allegedly violated to enable him
to properly defend himself.
"The foregoing, notwithstanding
respondent Abad can be held liable for misconduct in relation to the
same incidents. In his 21 March 1989 letter on the NLTDRA official
stationery addressed to the Swire Realty Corporation, he informed the
addressee to 'feel free to come over for negotiation.'
"The provisions of Sec. 32,
Chapter 9, Book 1 of the Administrative Code of 1987 requires all
public officers and employees to serve with utmost responsibility and
integrity. Sec. 32 expressly requires the conduct of a public
servant to be above suspicion. By his actuation, respondent Abad has
manifested his irresponsibility and deficiency in integrity. His overt
act of soliciting through the use of the NLTDRA's official stationery
the sale of land located with in the territorial responsibility of the
Registry of information he undoubtedly has acquired by reason of his
office obviously corresponds to a conflict of interests which adversely
affects the faithful performance of his duties.
"Respondent
Abad's response to the allegations on his 21 March 1989 letter of
solicitation that no law prohibits offering to negotiate a sale of real
estate and that the Government could have benefited through revenues
had the negotiation pushed through manifests his irresponsibility and
insensitivity to the demands of the position he holds. True, no law
prescribed any person from offering to negotiate a sale of real
property. However, the respondent overlooks that he is no ordinary
person. He holds the position of Register of Deeds charged with
functions related to the registration of lands situated within his area
of responsibility and transaction involving the same.
"In the case of respondent
Abad's signing as a witness to the 29 November 1988 Contract to Sell
between the Kapalungans and the Danaos, again, no law prohibits him
from being a witness to such a transaction. However, prudence should
have impelled him to abstain from doing so, considering that the title
certificate subject of the contract covered land within San Juan. For,
if any question as to the registrability of the contract had been
raised, he would have compromised his position as Register of Deeds."
11.
"a.
"On the matter, the records
indicate that respondent Abad did not insist on his stand. After the
Commission on Audit found an under assessment, he sent a letter dated 9
May 1988 to the Bank apprising it of the deferment of the processing of
the Deeds of Assignment due to the non-payment of the required
registration fees, documentary stamps and transfer taxes. Eventually,
the Bank paid its deficiencies. Thereafter, the Deeds of Assignments
and the Affidavits of Consolidation were registered and the new title
certificates were released.
"At
the minimum respondent Abad erred in his appreciation of the
requirements for the transaction involved. He cannot be faulted with
incompetence. Incompetence implies such palpable lack of adequate
ability and fitness for satisfactory performance of official duties. He
cannot be said to be completely ignorant of the statutory provisions,
rules and regulations governing the procedures and processes on
transactions in his Registry.
"b.
"In this instance, the Locator
Slip dated 3 July 1989 prepared by Land Registration Examiner
Carmencita Yumul and the Locator Slip dated 4 July 1989 accomplished by
complainant Paras which Locator Slips contain the remarks and
recommendations of the Land Registration Examiner or Examiners who
processed the documents both attached to the 4 April 1989 Deed of
Absolute Sale do not substantiate the complainant's allegation that
respondent Abad insisted on the registrability of the said Deed
notwithstanding his awareness of the non-settlement of the estate
involved, the non-payment of estate and transfer taxes, documentary
stamps and registration fees or the non-publication of such estate
settlement. The said Locator Slips do not indicate any statement that
would either caution respondent Abad of the non-registrability of the
Deed of Absolute Sale or of the alleged deficiencies Appurtenant to the
said document.
"c.
"Complainant Paras hammers upon
respondent Abad's imposition that the agent place the name of the
principal on top of her typewritten name.' True, such imposition caused
inconvenience to the agent and resulted only in a redundancy, i.e., the
appearance of the 'name' of the principal twice in the Absolute Deed of
Assignment/Sale. However, the incident cannot still buttress the charge
of respondent Abad being unfit as a Register of Deeds.
"d.
"Respondent
Abad explains that he did not sign and cause the sending of the Notice
of adverse Claim to the Gold Loop Properties, Inc., upon the request of
Ms. Robles.
"Sec. 71 of the Property
Registration Decree clearly requires the Register of Deeds, within
thirty-six (36) hours after registration of any attachment or other
lien in the nature of an involuntary dealing in registered land, to
'send notice by mail to the registered owner stating that such paper
has been registered, and requesting him to send or produce his
duplicate certificate so that a memorandum of the attachment or other
lien may be made thereon.'
"Respondent Abad cannot use as
excuse the request of Mr. Robles for his failure to send the notice of
adverse claim to the Gold Loop Properties, Inc. Sec. 71 spells out
the requirements in explicit terms. His intent to disregard or dispense
with such requirement amounts to abuse of discretion. On this score, he
can be held liable again for misconduct."
III.
"[Paras]
contends that in May 1989 respondent Abad required the personnel of the
San Juan Registry of Deeds to expedite for a 'facilitation fee' the
transfer of four (4) parcels of land situated in Greenhills covered by
title certificates in the name of Mr. Herminio T. Disini in favor of
the Union Bank. On 8 June 1989, the respondent even required his
personnel to work beyond office hours to eight o'clock in the evening
to ensure the completion of all documents pertinent to such transfer.
"Complainant Paras himself
stated during the investigation that he initially processed the
documents and he found no deficiencies which could have rendered the
transaction irregular. He also failed to provide convincing proof on
his allegation relative to the 'facilitation fee.'
"However, the circumstances of
processing indicate the liability of respondent Abad for the violation
of existing Civil Service rules and regulations. Atty. Niceforo Agaton
of the Union Bank revealed in his testimony during the investigation
that he remained in the San Juan Registry of Deeds until 7:00 o'clock
in the evening waiting for the completion of the processing of the new
title certificates. Mesdames Carmen Reyes and Marie Dacanay, Records
Officer and Clerk 1, respectively, of the said Registry, also testified
that they performed overtime work to complete such processing upon
instructions of the respondent.
"Sec. 3, Rule XV of the Revised Civil Service provides that only the 'head of
any Department or agency may extend the daily hours of work . . . for
any or all of the employees under him . . . . 'Not being the head of a
Department or agency, respondent Abad acted beyond the scope of his
powers when, without previous authorization from the Administrator of
the Land Registration Authority, he required his personnel to perform
overtime services. Respondent Abad's actuation, aside from being
violative of the pertinent Civil service regulation, manifests his
tendency to give undue preference to certain clients. It should be
noted that the personnel of the San Juan Registry of Deeds had been
asked to render overtime services only in this instance.
"4.
"The sworn statement of Mr. Meru
cannot be accorded serious consideration and credence. During the
investigation, Mr. Meru admitted that complainant Paras prepared his
statement, that majority of the facts recited came from the said
complainant and that the said statement reflected the personal
'wording' of the complainant."
I agree with the Secretary of Justice that Abad is liable for misconduct and violation of the relevant Civil Service regulation and concur as to the recommended penalty of suspension from the service for one (1) year without pay. Abad's actuations in this case go beyond "[t]he basic standard of care and caution invariably required in the public service" (Administrative Order No. 162, April 6, 1990), and I may add, prudence, as the Justice Secretary says, and discretion and considering the circumstances herein, merits the penalty of suspension from the service for one (1) year without pay.
WHEREFORE, ATTY. RAMON D. ABAD, Register of Deeds of San Juan, Metro Manila., is hereby found guilty of misconduct and violation of the pertinent Civil Service regulation and, accordingly, suspended from office for a period of one (1) year without pay, effective upon his receipt of a copy of this Administrative Order.
DONE in the City of Manila, this 25th day of September, in the year of Our Lord, nineteen hundred and ninety-one.
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