ChanRobles Virtual law Library
PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
:
ADMINISTRATIVE ORDERS
PLEASE CLICK HERE FOR THE LATEST ➔ PHILIPPINE LAWS, STATUTES & CODES
ADMINISTRATIVE ORDER NO. 270 -
IMPOSING THE PENALTY OF SUSPENSION ON ANTONIO M. NUESA, EUGENIO B.
BERNARDO, OSCAR M. LASAM, EPIFANIO G. DEVERO, FLORENCIO L. SIMAN, AND
ERNESTO H. DIZON, ALL OF THE DEPARTMENT OF AGRARIAN REFORM
In a letter-complaint, dated 21 February
1994, filed by Justice Milagros A. German, Department of Agrarian
Reform (DAR) Adviser on Legal Affairs and Senior Special Consultant,
the following DAR Region III officials, namely: Antonio M. Nuesa,
Regional Director; Eugenio B. Bernardo, Assistant Director for
Operations; Oscar M. Lasam, Trial Attorney III; Epifanio G. Devero,
Chief of Legal Division; Florencio L. Siman, Officer-In-Charge; and
Ernesto H. Dizon, Municipal Agrarian Reform Officer, stand charged of
serious misconduct, dishonesty and gross ignorance of the law.
On March 21, 1994, the instant
complaint was indorsed to the Presidential Commission Against Graft and
Corruption (Commission) for appropriate action pursuant to Executive
Order No. 151, as amended.
Parenthetically, this case
stemmed from a tenancy dispute between Felix Carreon, tenant, and Jose
Payumo, Jr., landowner, docketed as CAR Case No. 165-B-66 entitled
"Felix Carreon, Plaintiff vs. Jose Payumo, Jr., Defendant." In a
decision penned by her on November 29, 1967, complainant, then the
Presiding Judge of the Court of Agrarian Relations in Balanga, Bataan,
declared the relationship between plaintiff and defendant to be that of
leasehold tenancy in lieu of share tenancy for which reason Mr. Carreon
was entitled to a Certificate of Land Transfer (CLT) for his two (2)
hectare landholding which has been under his cultivation since 1947.
The facts of this case are as
follows:
On May 8, 1991, Mr. Felix
Carreon wrote a letter addressed to respondent Bernardo requesting that
a Certificate of Land Transfer (CLT) be issued to him covering the two
(2) hectares land under his cultivation.
In a letter-reply, dated August
8, 1991, respondent Bernardo informed Mr. Carreon that subject land had
been titled in the name of Jose R. Payumo who bought the land from
Rural Progress Administration and who was issued Title No. T-4988 by
the Register of Deeds of Bataan. Respondent Bernardo further informed
him that for this reason, he (Felix Carreon) will remain a lessee of
the land in accordance with the decision rendered by Judge Milagros
German in November 1967. He, however, assured Mr. Carreon that he will
take a second look at his problem and find out if subject land falls
under the coverage of P.D. 27/E.O 228 or R.A. 6657 and that he will be
informed about the same at the earliest possible time.
Meanwhile, on November 19, 1991,
Mr. Carreon filed a letter-complaint with DAR Secretary Benjamin T.
Leong against Mr. Ernesto Dizon, Municipal Agrarian Reform Officer,
allegedly for the latter's remarks that subject land cannot be
transferred to him the same having been awarded to Mr. Payumo, Jr. Mr.
Carreon further stated in his letter that despite the 1967 CAR decision
no action had been taken by DAR awarding the land to him which had been
under his cultivation for so many years.
An administrative case was filed
by DAR against Mr. Dizon but the same was dismissed in a Memorandum
dated May 18, 1992. Atty. Oscar Lasam, Trial Attorney III, who
conducted the investigation cleared Mr. Dizon of the charges of neglect
of duty, inefficiency and incompetence in the performance of official
duties for lack of merit as it appears that he acted promptly on
Carreon's queries and that he merely reiterated what was contained in
the letter of respondent Bernardo to Mr. Carreon which in effect says
that the land being cultivated by the latter could not be transferred
in his name since it has been sold to Mr. Payumo by the then Rural
Progress Administration.
On May 6, 1992, respondent Nuesa
issued an Order declaring that the land under tenancy by Mr. Carreon
with an area of two (2) hectares in Dinalupihan, (Bataan) was covered
by PD 27 and the same should be awarded to him (Carreon). It further
declared that all the rentals paid by Mr. Carreon to the landowner,
Jose R. Payumo, shall be considered as advance payment of the land.
A Motion for Reconsideration was
filed by the heirs of Mr. Payumo, Jr. but the same was dismissed by DAR
Secretary Ernesto D. Garilao, in an Order dated December 2, 1992, for
lack of merit.
In her letter-complaint, supra,
Justice German claims that herein-respondents falsified her decision
rendered in CAR Case No. 165-B66 in 1967 by completely making a wrong
narration of facts, entirely different from what are stated in said
decision; that it was herein respondent Bernardo who started the wrong
construction of her decision, fully endorsed by all the other
respondents; and that herein respondents made it appear that her
aforesaid decision limited Mr. Carreon into being a leasehold tenant
only in the landholding.
It appears that, in his letter
reply to Mr. Carreon, supra, respondent Bernardo stated that Carreon
will remain a lessee of the land under his cultivation for reasons that
the same has been titled in the name of Jose R. Payumo. He explained
that he was just expressing and opinion and not a decision as he
assured Carreon that he will take a second look at his problem to find
out if it could be covered by P.D. 27, E.O. No. 228 or R.A. 6657 and
inform him in due time.
Respondent Dizon, merely quoted
the opinion expressed by his superior, respondent Bernardo, in
informing Mr. Carreon that, pending further investigation and study,
the land under his cultivation could not be transferred in his name
since it has long been sold to Mr. Payumo by the then Rural Progress
Administration.
Respondent Lasam's only
participation in the case was in recommending the dismissal of the
aforesaid administrative complaint filed by Mr. Carreon against
respondent Dizon for lack of merit.
Respondent Nuesa, Devero and
Siman, merely concurred with the recommendation of respondent Lasam.
From their foregoing
explanation, it would seem that all the actuations of herein
respondents were above board. In fact, as borne out by the records, Mr.
Carreon is now the recipient of DAR Emancipation Patent No. 485898
issued on October 12, 1993 pursuant to the Order, date May 6, 1992, of
respondent Nuesa declaring that the land tenanted by Mr. Carreon is
covered by P.D. 27 and, as such, the same should be awarded to the
latter and that all rentals paid by Mr. Carreon to the landowner be
considered payment of the land.
That there was an unreasonable
and unexplained delay of 21 years before Mr. Carreon could be awarded
his title to the land in question is, however, beyond cavil. Indeed,
respondents DAR officials miserably failed in their duty to process all
officials papers and documents expeditiously and to complete the same
within a reasonable time from the preparation thereof.
WHEREFORE, premises considered,
the instant charges of serious misconduct, dishonesty and gross
ignorance of the law against Messrs. Antonio M. Nuesa, Eugenio B.
Bernardo, Oscar M. Lasam, Epifanio G. Devero, Florencio L. Siman and
Ernesto H. Dizon, all of the Department of Agrarian Reform (DAR),
Region III are hereby DISMISSED for insufficiency of evidence in
accordance with the recommendation of the Presidential Commission
Against Graft and Corruption. This Office, however, finds respondents
GUILTY of simple neglect of duty for their failure to process all
official papers and documents of Mr. Carreon expeditiously and to
complete the same within a reasonable time from their preparation.
Accordingly, respondents are hereby suspended from the service for a
period of ten (10) days, without pay, effective upon receipt of a copy
hereof.
Done in the
City of Manila, this 7th day of May, in the year of Our Lord, Nineteen
Hundred and Ninety Six.
chanrobles virtual law library
Back
to Main
Since 19.07.98.