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. 335 -
IMPOSING THE PENALTY OF DISMISSAL FROM SERVICE WITH FORFEITURE OF
RETIREMENT AND GRATUITY BENEFITS UNDER THE LAW ON ATTORNEY NEREO C.
NUÑEZ, REGISTER OF DEEDS OF OZAMIZ CITY
This refers to the 31 July 1995
administrative complaint for grave misconduct filed motu propio by the
Land Registration Authority (LRA) against Atty. Nereo C. Nuñez,
Register of Deeds of Ozamiz City for his failure to account, for among
others, three hundred (300) pieces of blank land title forms.
The records show that on 01
December 1993, Atty. Nuñez personally received from the Land
Registration Authority, Property Section , three hundred (300) pieces of
Judicial Forms 109 and 109-D bearing serial numbers 2940901 to 2941200,
one typewriter, three (3) staplers and carbon papers. Said items were
not turned over by Atty. Nuñez to the Ozamiz City Registry of
Deeds, as confirmed by the 17 May 1995 letter of Acting Register of
Deeds Libby S. Tan. This was later validated by the failure of Atty.
Nuñez to mention the 300 forms in his January to December 1994
Report on Judicial Forms which submitted to the LRA Central Office.
On 05 June 1995, the Chief of
the LRA Inspection and Investigation Division formally requested
respondent to account for the missing forms. Despite receipt of the
letter, no explanation was submitted by the respondent.
On 31 July 1995, the present
charge against the respondent was raised by LRA Administrator Reynaldo
Maulit. Two "showcause" directives were sent to respondent requiring
him to explain his failure to account for the forms and supplies he
received. He was warned that his failure to answer will be deemed a
waiver of his right to a hearing and the case deemed submitted for
appropriate action. Again, notwithstanding receipt of the second
notice, respondent failed to respond.
The evidence gathered during the
investigation established the illegal and fraudulent use by the
respondent of the land title forms which he received.
Atty. Libby Tan submitted on 25
July 1995, four copies of certificates of title nos. T-17915, T-20404,
T-20566 and T-20249 issued and signed by the respondent and which bear
serial nos. 2940918, 2940925, 2940973 and 2940967, respectively. Said
serial numbers are among the missing 300 land title-forms.
The falsity of the foregoing
alleged certificates of titles was confirmed by the certified genuine
copies of the four Transfer Certificate of Titles submitted by Records
Officer Adelina A. Chiong.
Following are the titles issued
by the respondent using the missing serial numbers vis-a vis the
regularly issued serial numbers:
1.
TCT No. 17915
SN 2940918
(Missing form)
Registered
Owner
Purisima Habel
and Equipment Corporation
Lot No.
3255-C-1
Plan (LRC) Psd
258636
Area: 944 sq.
m.
2. TCT No. T-20404
SN 2940925
(Missing form)
Registered
Owner
Helen Medina
Lot No.
3259-D-4
Plan
Psd-10-005615
Area: 325 sq.
m.
3. TCT No. T-20566
SN 2940973
(Missing form)
Registered
Owner
Regina
Tenchavez
Lot No. 5433-C
Plan
Psd-10-0088885
Area: 640 sq.
m.
4. TCT No. T-20249
SN 2940967
(Missing form)
Registered
Owner
Rufina
Cabrera-Castro
Lot No. 966-A
Plan
Psd-10-021735
Area.: 642 sq.
m.
As further proof of the spurious nature of the transactions, the titles issued in the names of Habel, Medina, Tenchavez and Cabrera-Castro are not supported by the records of the Ozamiz City Registry of Deeds, particularly the Primary Book for Act 496.
The records, therefore, provide sufficient basis to conclude that respondent, taking advantage of his position, used the aforementioned four title forms in perpetrating fraud. By said acts, respondent committed a serious breach of his duties as Register of Deeds. The damage which the same has wrought on the integrity of our Torrens systems is grave and clearly militates against his continued stay in the service.
In view of the foregoing, and upon the recommendation of the Department of Justice, respondent Nereo C. Nuñez is found guilty of grave misconduct. Accordingly, respondent is hereby DISMISSED from service, with forfeiture of retirement and gratuity benefits under the law.
Let the records of this case be furnished to the Office of the Ombudsman for the conduct of proper criminal investigation against respondent Nuñez.
DONE in the City of Manila, this 19th day of May, in the year of Our Lord, nineteen hundred and ninety-seven.
chan robles virtual law library
Back to Main
Since 19.07.98.