Sir,
This is in reference to your news item published in Pilipino Star NGAYON dated September 18, 2006 under your column AKSYON NGAYON wherein I was being complained by retired Regional Technical Director for Lands Elpidio P. Tolentino for Grave misconduct, gross incompetence, conduct prejudicial to the best interest of the service.
I would like to inform your office that my action on the submitted survey plan of RTD Tolentino was done pursuant to my duties and responsibilities to review and evaluate survey plans before approving the same, particularly in ensuring that these plans comply with existing survey standards and procedures as provided for under the Revised Manual on Land Survey of the Philippines. Consequently in the course of the eva-luation, correction of certain errors on the plan to comply with survey standards are normally done.
In the case presented by RTD Tolentino, the survey claimant was changed from Ismael Moreno to PUBLIC LAND following SEC. 858 of DAO 98-12 (Manual on Land Survey of the Philippines) which provide that "The name of the cadastral lot claimant shall be maintained in the Advance Plan and it must faithfully reflect the cadastral records", meaning, whatever record appearing on the cadastral records of the subject lot shall be maintained. In this case, the survey claimant listed in the cadastral records is PUBLIC LAND hence, the same must appear in the presentation of the subject ADVANCE PLAN.
Please be informed that all the necessary information submitted by RTD Tolentino as Surveyor were all completely indicated in the footnote of the plan (Actual Occupant, Ismael Moreno and his Declaration of Real Property) to prove the possession of his client over the subject lot. Besides, it is presumed that RTD Tolentino being a Geodetic Engineer and a former Regional Technical Director for Lands, he is knowledgeable of the provisions of the Manual for Land Surveys of the Philippines.
I would like to mention at this juncture that RTD Tolentino sent same complaint to Ombudsman, to the Civil Service Commission, the Director of Lands and to the Undersecretary for Legal Affairs, DENR which I all answered with dispatch. As a matter of fact, same was sent back to our office by the Ombudsman since the issue according to them can be properly resolved by the DENR and that we are only acting on our duties in accordance with existing rules and regulations. Sir, if only to better present my side, I’m willing to submit all related documents to the issue presen-ted by RTD Tolentino for a clearer appreciation on your part.
Thank you for giving me this opportunity to explain and I hope that this will clear matters.
–Lydia S. Lopez
OIC Regional Techical Director for Lands