ADMINISTRATIVE ORDER NO. 64 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE WITH THE ACCESSORY
PENALTIES OF FORFEITURE OF ALL FINANCIAL BENEFITS AND DISQUALIFICATION
FROM THE GOVERNMENT SERVICE ON ATTY. EDGAR SANTOS, REGISTER OF DEEDS,
MARIKINA CITY
This resolves the complaint dated February
11, 1999, filed by Juanito A. Teope charging Edgar Santos, Register of
Deeds of Marikina City for his involvement in a "big land scam".
Acting thereon, the Presidential Anti Graft and Corruption (PAGC)
submitted its findings and recommendation as contained in its
resolution report dated October 3, 2000, we quote:
"The
Transfer Certificate of Title No. 365432 in the name of Juanito A.
Teope was issued on June 15, 1972 by the Register of Deeds of Rizal.
The lot described therein was situated in Barrio Cupang, Antipolo,
Rizal, with an area of 50,080 sq. m. known as Lot 19-B of the
Subdivision Plan (LRC) PSD-160898 portion of Lot 19, PSU-136628 (LRC)
SWO-12735, LRC N-7453, Record No. N-40617. The subdivision survey was
executed by Jose R. Baricua, Geodetic Engineer on May 20-22, 1972. (p.
76, Records)"
"On May 19, 1997, respondent
Santos issued Transfer Certificate of Title No. 329325 in the name of
Jesus U. Ramos, covering Lot 19, situated in Barrio Cupang, Antipolo,
Rizal, with an area of 176,518 sq. m. (p. 19, Records). Jesus Ramos
acquired Lot 19 (together with Lot 20) under a Deed of Absolute Sale
executed by a certain Jose R. Baricua dated May 14, 1997 (Pp. 20 and
21, Records) The vendor has the same name as the Geodetic Engineer who
is mentioned in complainant's title."
"On November 6, 1997, respondent
Santos cancelled Ramos' TCT No. 329325 and issued in lieu thereof
Transfer Certificate Title No. 337890 covering Lot 19 in the name of
First Alliance Real Estate Development, Inc., Cimic Realty Corporation
and Sta. Lucia Realty and Development, Inc. (p. 26, Records) The new
TCT issued by respondent was based on a Deed of Sale covering Lot 19
(and Lot 20) executed by Jesus Ramos in favor of First Alliance Real
Estate Development, Inc., et al. dated October 31, 1997. (pp. 23, 24
and 25, Records)"
"Transfer Certificate Title No.
365432 in the name of Teope, Transfer Certificate No. 337890 in the
name of First Alliance and Transfer Certificate No. 32925 in the name
of Ramos show identical or common features/data appearing in the face
of said titles.
a.
The parcels of land covered are all situated in Barrio Cupang,
Antipolo; Rizal.
b. The titles
were all derived from the same MOTHER TITLE, Original certificate of
Title No. 9266 of the Register of Deeds of Rizal. The certifications on
the three TCT's are identical except the month and day of registration
as follows:
'It is further certified that
said land was originally registered on the 12th day of May in the year
nineteen hundred and seventy two in the Registration Book of the Office
of the Register of Deeds of Rizal Volume A-82, page 66, as Original
Certificate of Title No. 9266 pursuant to Decree No. N-139070, issued
in LRC No. 7453 Record No. N-40517.'
The month and day May 12 as
above appears on Teopes title, while March 22 appears on the Ramos and
First Alliance TCT's.
c. The survey
plan of Lot 19 in the technical description of First Alliance's TCT and
the survey plan of Lot 19 (of which Lot 19-B is a portion) in the
technical description of Teope's TCT are identical as follows:
"Lot
19, PSU-136628 (LRC) SWO-12735, LRC N-7453, Records No. N-40517,
situated in Barrio Cupang, Municipality of Antipolo, Province of Rizal,
Island of Luzon."
"Complainant Teope's TCT issued
in 1972 stated that the parcel of land covered by it, Lot 19-B is a
portion of Lot 19, covered by Original Certificate of title (OCT) 9266,
and the said OCT was thereby CANCELLED insofar as this parcel is
concerned."
"The BIR Certificate Authorizing
Registration dated 31 October 1997 purportedly signed by Oscar L.
Sevilla Revenue District Office, for the sale to First Alliance states
that Jesus Ramos paid capital gains tax of P3,707,810.00. However, as
shown on the same certificate, the capital gains tax was only
P185,390.50 and the documentary stamp tax was P55,617.15. There is no
evidence/proof that the capital gains tax was paid."
"Complainant
Teope, in his letter-complaint to the President (pp. 2, 3 and 4,
Records) claimed that respondent Santos dissuaded him from digging
deeper into the records of the Register of Deeds of Marikina City and
assured him that "everything would be alright'. The respondent arranged
at least four meetings in respondent's presence between complainant and
the alleged representative, one Engineer Milla, of the other interested
party, supposedly a Taiwanese group, to settle the dispute by paying
complainant, but the settlement never materialized. This prompted
complainant to file his affidavit of Adverse Claim."
"Finding sufficient basis to
commence an administrative investigation against the respondent, the
Commission issued an initial (sic) Order dated 7 December 1999,
requiring respondent to file his counter-affidavit and setting the
preliminary conference on January 17, 2000. (Pp. 49 and 50, Records)"
"On January 4, 2000 respondent
filed his counter-affidavit."
"Denying
the charge against him, respondent alleged: (a) that he never met the
complainant personally as he acted only through his representative, Ms.
Myrna Munchua; (b) the Affidavit of Adverse Claim of complainant was
duly annotated at the back of TCT No. 337890 on the same day the
application was filed (June 10, 1998); (c) he is not involved in any
land scam; (d) he is not denying the fact that he set-up a meeting
between the complainant and the representative of First Alliance Realty
Development Corporation; and (e) he cannot be held responsible for the
overlapping of boundaries because in all transfer of titles, the
Registry merely relies on the documents presented to it by the
applicants in accordance with LRC Consulta Nos. 32, 34 and 69."
"There are two issues in the
case at bar, to wit:
(a) Whether or
not there is an overlapping of Titles; and
(b) Whether or
not there is any negligence/irregularity in the performance of
respondents duties as the Register of Deeds of Marikina."
"On January 17, 2000,
preliminary conference, both parties agreed about the issue. However,
regarding the issue of whether or not there is an overlapping of Title,
the respondent's counsel objected to it stating that the Commission has
no jurisdiction since the question should be properly raised in a
regular Court of Justice."
"Upon careful evaluation of the
records, it was noted that complainant Teope's TCT which was issued in
1972 stated that the parcel of land covered by it, Lot 19-B, is a
portion of Lot 19. While First Alliance's TCT which was issued in 1997
stated that the parcel of land covered by it was Lot 19 (and Lot 20).
They conclusively show that Lot 19 covered by the TCT issued by
respondent Santos in 1997 to Ramos and then to First Alliance is
identical to the Lot 19 mentioned in Teope's TCT, of which Lot 19-B is
a portion. In short, the TCT of Ramos and of First Alliance over the
entire Lot 19 issued by respondent Santos clearly covers and overlaps
Lot 19-B, the parcel of land covered by Teope's TCT."
"Moreover,
it is clearly stated in a letter addressed to the complainant dated
August 8, 1997 from the Office of the Assessor, Municipality of
Antipolo, Rizal, informing the latter that while the Office of the
Assessor was in the process of taxmapping real properties, their
records show that Teope's Lot 19-B covered by TCT No. 365432 was in
conflict or overlaps with various properties including that of Jesus N.
Ramos who was requesting for the issuance of Tax Declaration for his
property covered by TCT No. 329325. (p. 73, Records)"
"These overlapping of Titles is
not without the respondents knowledge. In fact, he admitted in his
counter-affidavits that he set-up a meeting between complainant Teope
and the representative of First Alliance for them to settle boundaries
and overlapping disputes amicably. In effect, he is aware of the
irregularity in his issuance of the TCT's to Ramos and First Alliance."
"Furthermore, the Certificate
Authorizing Registration was also irregular. The BIR Certificate
Authorizing Registration dated 31 October 1997 purportedly signed by
Oscar L. Sevilla, Revenue District Officer, BIR, for the sale of First
Alliance states that Jesus Ramos paid P3,707,810.00 (sic) as the taxes
due on the sale of the two lots. Obviously, no payment was made as
'certified' because the Capital Gains tax was only P185,390.50 and the
documentary stamp tax was P55,617.15 as indicated in the document
itself. There was no indication of payment of these taxes at all.
Neither was there authority to accept payment by an authorized bank,
nor receipt of payment by any bank. Respondent should have taken notice
of these irregularities. Nevertheless, he still registered the sale and
issued the TCT of First Alliance. This is clearly a fraud against the
government."
"The
Commission would like to stress that it does not take cognizance of
validity of overlapping Titles. The Commission is, however, concerned
with the conduct of the respondent."
"The Charge against the
respondent was established by the documents submitted to this
Commission by the complainant and the Records Officer of the Registry
of Deeds of Marikina and the testimony of complainant and his witness."
"Respondent's counsel failed to
present his witnesses because on March 6, 2000 hearing, he failed to
appear despite notice and extension of time to wait for him. The
Commission ruled that he was deemed to have waived his right to present
further evidence. (Pp. 146-147, Records)"
"Respondent's guilt was evident
when he issued TCT to Ramos and later to First Alliance when he knew
and should have known that it overlapped the property of complainant
Teope. His conduct of setting-up meetings between Teope and First
Alliance to settle their disputes amicably was an effort to cover-up
his irregular act."
"WHEREFORE, PREMISES CONSIDERED,
this Commission finds respondent Edgar Santos, Register of Deeds,
Marikina City, GUILTY of the charge against him and so recommends . . .
that the penalty of DISMISSAL from the service together with the
accessory penalties of forfeiture of all his financial benefits and
disqualification from the government service be imposed.
"SO ORDERED."
After a careful review and evaluation of the records of the present
case, this Office concurs in the findings and conclusions of the PAGC,
which are duly supported by substantial evidence on
record.
WHEREFORE, as recommended by the PAGC, Atty. Edgar Santos, Register of
Deeds, Marikina City is hereby DISMISSED from the service with
forfeiture of all his financial benefits and disqualification from
re-employment in the government service, effective upon receipt of this
Order.
SO ORDERED.
Manila, Philippines, February 17, 2003
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