[ Manila Bulletin Online ] March 28, 2008
By JUN RAMIREZ
Ombudsman Ma. Merceditas N. Gutierrez preventively suspended the registrar of deeds of Calamba City, Laguna for allowing the registration of a defective and fraudulent deed of absolute sale.
Ordered preventively suspended for six months without pay was Atty. Edgar D. Santos of the Registry of Deeds of Calamba City.
The case stemmed from the complaint filed by Vedasto B. Gesmundo against Santos and private respondent Lolita Rellama.
In his complaint, Gesmundo alleged that a transfer certificate of title (TCT) for his property was issued and released to Rellama on a basis of a Deed of Sale allegedly executed by his late wife, Nelly Nave, on Oct. 2, 1992.
Gesmundo claimed that the documents used by Rellama for the issuance of the new TCT was fake, falsified and defective and contained the following errors: 1) the TCT was issued two days before the Deed of Sale was filed; 2) the Deed of Sale failed to declare whether the vendor (Nave) was single or married, and if married, there was no consent on the part of the spouse; 3) the Deed of Sale did not state the tax identification number (TIN) of the vendor, Nave; and 4) the payment of taxes, fees, surcharges, and penalties was made to the Bureau of Internal Revenue in Pasig City and not in Calamba, Laguna where the subject property is located.
Moreover, Gesmundo said that it was impossible for his wife to be present at the alleged place where the purported Deed of Sale was executed as she was confined at the Las Piñas Hospital from Sept. 9, 1992 up to the time of her death on Dec. 9, 1992.
Gesmundo also alleged that Santos, despite repeated demands from Santos’ lawyer, obstinately refused to give copies of the purported Deed of Sale and other document which resulted in the grant of the TCT to Rellama.
In a nine page order, Ombudsman Gutierrez said the evidence against Santos for grave misconduct is strong and warrants the imposition of preventive suspension against him.
Section 24 of Republic Act 6770 (The Ombudsman Act) provides that "The Ombudsman or his deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a) the charges against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges should warrant removal from the service; (c) the respondent’s continued stay in office may prejudice the case filed against him.
In the instant case, Santos allowed the registration of the Deed of Sale executed by Nave in favor of Rellama which on its face is fatally defective, fraudulent, and not a registrable document.
The Ombudsman said that Santos’ continued stay in his office might affect the outcome of the administrative case against him as he "may influence or intimidate or even force his subordinates to testify in favor and (may consequently) perjure themselves."
Gutierrez also ordered Justice Secretary Raul Gonzalez to immediately implement the preventive suspension order against Santos.
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