Register of Deeds, 3 others sued over fake documents

CEBU, Philippines — For speedy issuance of a Transfer Certificate of Title of a parcel of land, the acting chief of the Register of Deeds of Cebu City and three other private individuals are facing criminal complaints for falsification of public documents.

Based on the documents obtained by The Freeman, Atty. Marlo Cugtas issued on July 26, 2019 the TCT No. 107-2019003108 to a certain Diana Sabesaje, a resident of Cogon-Ramos, Cebu City, about the same day the Affidavit of Loss and Deed of Confirmation Extrajudicial Declaration of Heirs and Sale was executed.

Assisted by counsel, Atty. Vicente Fernandez II, complainants Anthony Duyan of Binondo, Manila; Necita Orijuela of Marikina City, and Adela Acuna of Quezon City filed a complaint against Cugtas, Sabesaje, Jimmy Lanorias, and Mavourenee Staritte Lanorias before the Cebu City Prosecutor’s Office last October 28, 2019.

On September 13, 2015, complainants bought a real estate property located at V. Rama Avenue, Cebu City, with an area of 120 square meters, more or less, covered by TCT No. 147923 from the heirs of Isabel Abucejo, Rosario Rama, Guillermo Rama, Restituto Rama, Francisco Rama, Carolina Rama, Emmie Rama, Jay Romeo Colina and Jake Romeo Rama Colina, who executed an Extrajudicial Settlement of Heirs, with Adjudication and Deed of Absolute Sale for substantial amount.

“However, while we were following up the release of the Certificate Authorizing Registration (CAR) with the Bureau of Internal Revenue, we learned, to our dismay, that Respondents were able to cause the transfer of Transfer Certificate of Title No. 147923 to the name of Sabesaje, with the help of the other respondents, who conspired and confederated, by submitting spurious and falsified documents to the Register of Deeds,” read the affidavit.

The complainants were able to secure a copy of the TCT which effectively cancelled TCT No. 147923.

Acuna, who inquired the Register of Deeds of Cebu City, found that respondents have submitted Extrajudicial Settlement of Estate of the deceased Rose Silveria Sabesaje with Deed of Waiver and Quitclaim executed by Sabesaje, Jimmy and Mavourenne; Affidavit of Loss executed by Sabesaje; Deed of Confirmation of Extrajudicial executed by Carolina Smith; Deed of Confirmation Extrajudicial Declaration of Heirs and Sale executed by Sabesaje; Affidavit executed by Jimmy and Mavourenne, and Extrajudicial Declaration of Heirs and Sale.

Complainants also found some “spurious and falsified” documents which made to appear to have been notarized when the entry in the Notarial Book at the Office of the Clerk of Court, Notarial Division belongs to another person.

Jimmy and Mavourenne have executed an affidavit stating that at the time of death of Silveria, she acquired a parcel of land located at V. Rama Avenue, Cebu City with an area of 371 square meters, more or less covered by TCT No. 147923.

Complainants alleged that Cugtas facilitated the cancellation of TCT No. 147923 by issuing TCT No. 107-2019003108 in the name of Diana despite the glaring discrepancies in its documents.

The new TCT was issued without the old TCT being surrendered of which original duplicate copy is till with the broker of Acuna.

The TCT No. 107-2019003108, the Affidavit of Loss and the Deed of Confirmation Extrajudicial Declaration of Heirs and Sale were all dated July 26, 2019 while the Deed of Confirmation of Extrajudicial was dated July 23, 2019.

Complainants claimed that the extraordinary speed by which the questioned title was issued could only happen if someone from the Register of Deeds had a hand on it. (FREEMAN)