4 environment officers cleared of admin raps

CEBU, Philippines - The Office of the Ombudsman-Visayas has dismissed the administrative complaint filed against four officials of the Cebu Provincial Environment and Natural Resources Office for lack of merit.

Earlier, Concepcion Gaviola and seven others filed a complaint for grave misconduct against them for alleged failure to examine documents relative to land titles which they claimed were fraudulent.

“Complainants maintained that the respondents failed to exercise due diligence in requiring the applicant Rogelio Amante to submit a certified true copy of the approved subdivision plan of Lot No. 1258-CAD 747-D,” the complaint reads.

However, graft investigation and prosecution officer Vivien Leigh Santiago-Lumantad found no irregularity on the part of the respondents.

Named respondents were officer-in-charge Richard Abella of the Department of Environment and Natural Resources-PENRO, land management officer Roberto Ocubillo, Engineer Elvira Baguia and senior land investigator Edwin Atentar.

Lumantad said the issue of an alleged falsified approved subdivision plan was a matter that needs to be tackled in court and not in their office. She said it was beyond their jurisdiction.

“Without an express declaration from the courts nullifying Rogelio Amante’s titles, the respondents are presumed to have acted in the regular performance of their duties,” she ruled.

Lumantad added the allegation of the complainants that the fraudulent act could not have been committed by Amante without the help of respondents was not supported by “any evidence.”

“The respondents’ individual participation in the alleged fraud was not even alleged in the complaint,” the decision read.

Other named complainants were spouses Antonio and Bregita Climaco, spouses Edgar and Epifania Martinez, Irenea Simporios, William Lee and Lourdes Catarig.

In their complaint, they alleged that they were the owners of Lot No. 1258 CAS 747-D situated at barangay Tuyan, Naga City, Cebu, by virtue of a deed of absolute sale executed by Mercedes Alforque.

As proof, they said a tax declaration was issued by the Naga City Assessor’s Office for their respective lot areas.

However, sometime in 2010, complainants said they were surprised when the subject lot was already covered by two original land titles both under the name of Amante. They claimed the titles were falsified.

The respondents, in their counter-affidavit, said complainants failed to register their Deed of Sale with their office or the Register of Deeds.

The tax declaration which was cited by the complainants was cancelled by the Certificate of Land Title presented by Amante. They added that they cannot award the lot to the complainants considering they did not apply for individual titling.

The complainants, in their reply, reiterated that the documents presented by Amante were fraud.

In her seven-page decision, Lumantad ruled in favor of the respondents. She said there was no evidence to support the allegation of the complainants.

“It is undisputed that as of now Amante is the holder of Katibayan ng Orihinal na Titulo covering lot No. 1258 CAD-747-D. It is a settled doctrine that a certificate of title serves as evidence of an indefeasible title to the property in favor of the person whose name appears therein,” she ruled.  (FREEMAN)