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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 85 -
DISMISSING GREGORIO B. MARAYA, JR., AS REGISTER OF DEEDS OF MAASIN,
SOUTHERN LEYTE
This is an administrative case for grave
misconduct filed by the then Acting Land Registration Commissioner
against Gregorio Maraya, Jr., Register of Deeds, Maasin, Southern Leyte.
The case was the offshoot of a letter-report to the then Deputy
Minister of Justice of respondent Register of Deeds, dated September
24, 1979, recommending the filling of administrative charges against
his Deputy Register of Deeds, Cipriano Espina, Jr., in connection with
the alleged shortage in his (Espina's) collection.
Acting on said report, the Deputy Justice Minister requested the
Provincial Auditor to audit the Office of the Register of Deeds,
Maasin, Southern Leyte.
Maraya refused to present himself for the inventory, despite directives
from the Ministry of Justice. Consequently, only the safe and
receptacles of the Deputy Register of Deeds were opened and
inventoried. The examination of the Books of Registry disclosed that,
for the period covering November 1, 1978 to January 1980, the Registry
of Deeds had a total accountability of P72,516.78.
On July 23, 1980, an administrative charge for grave misconduct in
connection with the above incurred shortage was filed against Maraya.
The corresponding charge for malversation of public funds was filed
with the Tanodbayan.
Required to answer said administrative charge, Maraya assailed the
validity of the Auditor's report, alleging that only the Registry Cash
Book, and not his cash accountability, was examined by the audit team.
He further alleged that, of the total amount of P72,516.78, P16,879.53
were actually the collections of Deputy Register of Deeds
Espina.
Maraya did not appear for four consecutive scheduled hearings and, on
the hearing of November 25, 1981, he presented Mr. Eugenio Paloma of
the Provincial Auditor's Office and Mrs. Eloisa Esma, a binding helper
in the Office of the Register of Deeds. Paloma confirmed that the
amount of P16,789.53 were the collections of Deputy Register of Deeds
Espina, while Mrs. Esma testified that she did not hear the audit team
demand that respondent produce his registry collections.
Maraya did not appear during the subsequent hearings.
In his report, dated December 21, 1982, the investigator recommended
that Maraya be found guilty of grave misconduct and the penalty of
dismissal from the service be imposed upon him.
The Acting Land Registration Commissioner favorably indorsed the above
findings and recommendation to the Minister of Justice in his letter of
March 15, 1983.
The then Minister of Justice concurred in the foregoing recommendation,
particularly noting that the failure of the Auditor to conduct an
actual audit examination was due to Maraya's "continuous and
unwarranted refusal to submit himself to such an examination despite
the series of directives." He further observed that, although the
amount of P16,879.53 was under the accountability of the Deputy
Register (who is facing a separate administrative charge), Maraya, as
Register of Deeds, is primarily liable and accountable for collections
in his registry.
Accordingly, in his letter of May 30, 1983, the then Minister of
Justice recommended "that respondent Gregorio Maraya, Jr. be found
guilty of grave misconduct and that he be dismissed from the service
therefore."
In a 4th indorsement, dated July 30, 1986, the then Minister (now
Secretary) of Justice reiterated the foregoing
recommendation.
After a careful review, I agree with the then Minister (now Secretary)
of Justice that respondent is guilty of grave misconduct and deserves
to be dismissed from the service.
WHEREFORE, and as recommended by the then Minister (now Secretary) of
Justice, Mr. Gregorio B. Maraya, Jr., is hereby DISMISSED from the
service as Register of Deeds of Maasin, Southern Leyte, effective upon
receipt of a copy of this Order.
Done in the City of Manila,
this 22nd day of August, in the year of Our Lord, nineteen hundred and
eighty-eight.
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