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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 349 -
IMPOSING THE PENALTY OF FINE EQUIVALENT TO ONE (1) MONTH SALARY ON
ATTY. ANTONIA B. CABUCO, FORMER REGISTER OF DEEDS FOR CAVITE TO BE
DEDUCTED FROM HER RETIREMENT BENEFITS
This refers to the administrative complaint
filed against Atty. Antonia B. Cabuco, former Register of Deeds for
Cavite and other registry employees for Gross Negligence for the (1)
cancellation of TCT No. T-35339 in the name of Felicisima Q. Espiritu
and (2) issuance, in lieu thereof, of TCT No. T-315909 in the name of
Vilma Diaz.
In her letter-complaint, dated
26 November 1991, Mrs. Felicisima Q. Espiritu alleged that when her
husband Teofilo D. Espiritu died on June 5, 1977, complainant and her
children extrajudicially settled their properties including the parcels
of land covered by TCT No. T-35339 which they sold and transferred to
co-heirs Rodolfo Q. Espiritu, Teofilo Q. Espiritu and Danilo Q.
Espiritu. The title has neither been transferred nor mortgaged, sold,
encumbered to anybody else and that the owner's duplicate of TCT No.
35339 is still in her possession. Further, complainant averred that in
the early part of November 1991, her children learned that a case had
been filed with the Regional Trial Court of Cavite, Branch 21, for the
issuance of a Writ of Possession filed by a certain Vilma Diaz,
docketed as Civil Case No. 573-91. Thereafter, they discovered that
their properties were mortgaged in favor of Vilma Diaz without their
knowledge and consent; that the deed of mortgage which was purportedly
signed by "spouses Felicisima Espiritu and Teofilo Espiritu" on June
22, 1988 had been entered into when her husband had been dead for
eleven (11) years; and, that the anomaly had been initiated by
unscrupulous persons who falsified their title and replaced (kasado) it
with a look alike copy to the damage and prejudice of their family.
For her defense, respondent,
maintains that the issuance of TCT No. T-315909 in the name of Vilma
Diaz was based on several documents which were all duly registered on
both the owner's duplicate as well as the original of TCT No. T-35339
in the name of Felicisima Espiritu.
The Land Registration Authority
(LRA) dismissed the complaint without prejudice pending the decision in
Civil Case No. 573-91 for Declaration of Nullity of the Deed of Real
Estate Mortgage, Foreclosure of Real Estate Mortgage and the Transfer
Certificate of Title No. 315909.
Complainant's subsequent request
for reconsideration and further investigation was denied by the
Authority which considered the case closed and terminated. Complainant
then appealed the case to the Department of Justice, which referred the
matter to the Land Registration Authority "for appropriate action."
Acting on the said referral, the LRA conducted a fact-finding
investigation which found all those involved in the transaction,
including respondent herein, negligent for their failure to detect the
falsity of the owner's duplicate of TCT No. 35339 and recommended the
filing of the appropriate charges against them.
Subsequently, in view of the
reconveyance of the property to her, complainant filed a "Pag-Uurong ng
Demanda" dated November 13, 1995 which was made as basis for the filing
by the parties of a Joint Motion to Dismiss dated November 25, 1995. In
view thereof, and considering that respondent had already retired from
the service effective January 16, 1995 the LRA recommended the
dismissal of the instant case.
The Department of Justice does
not agree with the recommendation of the Authority, stating that while
respondent claimed that her "approval for the registration . . . is
purely ministerial," she likewise implied that the Register of Deeds
may re-examine the documents already examined by the Deeds of Examiner
"if there is an apparent defect on the title." As Register of Deeds,
she should be very familiar with the judicial forms used for the
certificates of title such that the apparent defects in the "owner's
certificate" presented by Vilma Diaz should not have escaped her
attention. As mentioned by Investigator Enrique M. Basa in his report
dated June 10, 1993, it was "very obvious on its face alone that it is
not the duplicate reproduction of the original of TCT No. T-35339 based
on the following:
1.
2.
3.
Further, respondent cannot put
all the blame to her subordinates. As a matter of fact, it is more
appropriate to say that the buck stops at her office and in line with
the principle of command responsibility, she should be held accountable
for the shortcomings of the personnel under her supervision.
After a careful evaluation of
the records of the case, this Office concurs with the findings and
recommendation of the Secretary of Justice.
WHEREFORE, premises considered
and as recommended by the Secretary of Justice, Atty. Antonia B.
Cabuco, former Register of Deeds for Cavite is found guilty of Simple
Neglect of Duty and is hereby imposed the penalty of fine equivalent to
one (1) month salary to be deducted from her retirement benefits.
Let the Office of the Land
Registration Authority which is investigating the administrative case
with respect to the other registry employees, be furnished a copy of
this Administrative Order.
DONE in the
City of Manila, this 17th day of July in the year of Our Lord, Nineteen
Hundred and Ninety-Seven.
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