G.R. No. 192685, July 31, 2013 - OSCAR R. AMPIL, Petitioner, v. THE HON. OFFICE OF THE OMBUDSMAN, POLICARPIO L. ESPENESIN, REGISTRAR, REGISTER OF DEEDS, PASIG CITY, FRANCIS SERRANO, YVONNE S. YUCHENGCO, AND GEMA O. CHENG, Respondents.; G.R. No. 199115 - OSCAR R. AMPIL, Petitioner, v. POLICARPIO L. ESPENESIN, Respondent.
SECOND DIVISION
G.R. No. 192685, July 31, 2013
OSCAR R. AMPIL, Petitioner, v. THE HON. OFFICE OF THE OMBUDSMAN, POLICARPIO L. ESPENESIN, REGISTRAR, REGISTER OF DEEDS, PASIG CITY, FRANCIS SERRANO, YVONNE S. YUCHENGCO, AND GEMA O. CHENG, Respondents.
G.R. No. 199115
OSCAR R. AMPIL, Petitioner, v. POLICARPIO L. ESPENESIN, Respondent.
D E C I S I O N
PEREZ, J.:
PREMISES CONSIDERED, the objections to the rehabilitation plan raised by the creditors are hereby considered unreasonable.
Accordingly, the Rehabilitation Plan submitted by petitioners is hereby APPROVED, except those pertaining to Mr. Roxas’ advances, and the ASB-Malayan Towers. Finally, Interim Receiver Mr. Fortunato Cruz is appointed as Rehabilitation Receiver.6 (Emphasis supplied).
Section 4. Distribution and Disposition of Units. (a) As a return of its capital investment in the Project, each party shall be entitled to such portion of all the net saleable area of the Building that their respective contributions to the Project bear to the actual construction cost. As of the date of the execution hereof, and on the basis of the total costs incurred to date in relation to the Remaining Construction Costs (as defined in Section 9(a) hereof), the parties shall respectively be entitled to the following (which entitlement shall be conditioned on, and subject to, adjustments as provided in sub-paragraph (b) of Section 4 in the event that the actual remaining cost of construction exceeds the Remaining Construction Cost):cralawlibrary
(i) [MICO] – the net saleable area particularly described in Schedule 2 hereof.
(ii) ASB – the following net saleable area:cralawlibrary(A) the net saleable area which ASB had pre-sold for an aggregate purchase price of P640,085,267.30 as set forth in Schedule 1 (including all paid and unpaid proceeds of said pre-sales);chanr0blesvirtualawlibrary
(B) the net saleable area particularly described in Schedule 3 hereof which shall be delivered to ASB upon completion of the Project; and,
(C) provided that the actual remaining construction costs do not exceed the Remaining Construction Cost, the net saleable area particularly described in Schedule 4 hereof which shall be delivered to ASB upon completion of the Project and determination of its actual construction costs. If the actual remaining construction costs exceed the Remaining Construction Cost, sub-paragraph (b) of this Section 4 shall apply.
(b) In the event that the actual remaining construction costs exceed the Remaining Construction Cost as represented and warranted by ASB to [MICO] under Section 9(a) hereof, and [MICO] pays for such excess, the pro-rata sharing in the net saleable area of the Building, as provided in sub-paragraph (a) of this Section 4 shall be adjusted accordingly. In such event, [MICO] shall be entitled to such net saleable area in Schedule 4 that corresponds to the excess of the actual remaining cost over the Remaining Construction Cost.
(c) To ensure the viability of the Project, the parties agree on a single pricing system, which [MICO] shall have the exclusive right to fix and periodically adjust based on prevailing market conditions in consultation with, but without need of consent of, ASB, for each party’s primary sale or other disposition of its share in the net saleable area of the Building. In accordance with the immediately preceding provision, [MICO] hereby adopts the selling prices set forth in Schedule 5 hereof. Each party or its officers, employees, agents or representatives shall not sell or otherwise dispose any share of said party in the net saleable area of the Building below the prices fixed by [MICO] in accordance with this Section 4 (c). [MICO] shall have the exclusive right to adopt financing and discounting schemes to enhance marketing and sales of units in the Project and such right of [MICO] shall not be restricted or otherwise limited by the foregoing single pricing system provision.
(d) Each party shall bear the profits earned and losses incurred as well as any and all taxes and other expenses in connection with the allocation or sale of, or other transaction relating to, the units allotted to each party.9
The registration of the Malayan-ASB Realty transaction[,] from its inception up to the issuance of titles[,] were all handled by [respondent] Atty. Francis Serrano. He therefore appeared and we have considered him the legitimate representative of both parties (sic). His representation, we gathered, covers the interest of both [MICO] and [ASB] in as far as the titling of the condominium unit[s] are concerned.
Sometime ago [Serrano] requested that condominium titles over specified unit[s] be issued in consonance with the sharing in the joint venture [MOA]. Titles were correspondingly issued as per request, some in the name of [MICO] and some in the name of [ASB]. Before its release to the parties, Atty. Serrano came back and requested that some titles issued in the name of [ASB] be change[d] to [MICO] because allegedly there was error in the issuance.
Believing it was a simple error and on representation of the person we came to know and considered the representative of both parties, we erased the name ASB Realty Corporation on those specified titles and placed instead the name Malayan Insurance Company.
To our mind[,] the purpose was not to transfer ownership but merely to rectify an error committed in the issuance of titles. And since they were well within our capacity to do, the titles not having been released yet to its owner, we did what we believed was a simple act of rectifying a simple mistake.12
Respondent Espenesin countered, among others, (i) that their intention was only to cause the necessary rectification on certain errors made on the CCTs in issue; (ii) that since the CCTs were not yet issued and released to the parties, it is still within his authority, as part of the registration process, to make the necessary amendments or corrections thereon; (iii) that no court order would be necessary to effect such changes, the CCTs still being within the control of the Register of Deeds and have not yet been released to the respective owners; (iv) that the amendments were made not for the purpose of falsifying the CCTs in issue but to make the same reflect and declare the truth; and (v) that he merely made the corrections in accordance with the representations of respondent Serrano who he believed to be guarding and representing both the interests of MICO and ASB.
Respondent Serrano, on the other hand, argued: (i) that the units in issue are not yet owned by ASB; (ii) that these units were specifically segregated and reserved for MICO in order to answer for any excess in the estimated cost that it will expend in the completion of the [Malayan Tower]; (iii) that ASB is only entitled to these reserved units only after the [Malayan Tower] is completed and that the units are not utilized to cover for the increase in the cost expended by MICO pursuant to Section 4(c) of the MOA; (iv) that the [Malayan Tower] was still incomplete at the time when the alterations were made on the CCT, hence, the claim of ownership of ASB over the reserved units is premature and totally baseless; (v) that prior to the fulfillment of the resolutory condition, that is, after the completion of the [Malayan Tower] and there remains a balance in the Remaining Construction Cost, the units still rightfully belongs to MICO; and (vi) that the alteration was made merely for the purpose of correcting an error.
Respondents Cheng and Yuchengco, while [adopting the foregoing arguments of Espenesin and Serrano, further averred that]: (i) [Ampil] has no legal personality to file this suit, he being merely an unsecured creditor of ASB whose interest was not definitively shown to have been damaged by the subject controversy; (ii) that their participation as respondents and alleged co-conspirators of Serrano and Espenesin was not clearly shown and defined in the complaint; (iii) the CCTs issued in the name of ASB have not yet been entered in the Registration Book at the time when the alterations were effected, hence, the same could still be made subject of appropriate amendments; (iv) that the CCTs in issue named in favor of ASB were mere drafts and cannot legally be considered documents within the strict definition of the law; (v) that court order authorizing to amend a title is necessary only if the deed or document sought to be registered has already been entered in the registration book; and (vi) that MICO is the duly registered owner of the land on which [Malayan Tower] stands and ASB was merely referred to as the developer.16
(a) To afford protection to the constitutional rights of the accused;
(b) When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions;
(c) When there is a prejudicial question which is sub judice;
(d) When the acts of the officer are without or in excess of authority;
(e) Where the prosecution is under an invalid law, ordinance or regulation;
(f) When double jeopardy is clearly apparent;
(g) Where the court has no jurisdiction over the offense;
(h) Where it is a case of persecution rather than prosecution;
(i) Where the charges are manifestly false and motivated by the lust for vengeance.23 (Emphasis supplied).
18. The acts of ATTY. ESPENESIN and his co-conspirators are clear violations of Section 3 paragraph (a) and/or (e) of Republic Act No. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act x x x;chanrobleslawlibrary
x x x x
19. On the basis of the evidence x x x and the admissions of the conspirators themselves, ATTY. ESPENESIN is liable under both pars. (a) and (e) thereof or either of the two. By maliciously and feloniously altering the subject CCT’s (sic), contrary to law and to the prejudice of ASB and [Ampil], ATTY. ESPENESIN committed an offense in connection with his official duties and he admitted having done so in conspiracy with his co-respondents. x x x ATTY. ESPENESIN allowed himself to be persuaded, induced or influenced into committing such violation or offense which is the substance of par. (a) of RA 3019;chanr0blesvirtualawlibrary
20. In committing such unauthorized and unlawful alterations on the subject CCT’s (sic), ATTY. ESPENESIN caused undue injury to ASB and to [AMPIL as an] unsecured creditor, who is ultimately one of the beneficiaries of said CCT from the ASSET POOL created by the SEC, and gave MICO unwarranted benefits, advantage or preference in the discharge of his official duties as Register of Deeds of Pasig City. Such acts were admitted by ATTY. ESPENESIN in his letter to ASB x x x. Such acts[,] taken together with his admission[,] indubitably show ATTY. ESPENESIN’s manifest partiality, evident bad faith and/or[,] at the least, his gross inexcusable negligence in doing the same;chanr0blesvirtualawlibrary
21. ATTY. ESPENESIN is liable under Section 3 pars. (a) and/or (e) of RA 3019[,] as well as under Article 171 par. 6 of the RPC. ATTY. SERRANO, YVONNE S. YUCHENGCO and (sic) GEMMA O. CHENG are also liable for violation of the said provisions of law in conspiracy with ATTY. ESPENESIN, the latter as a principal via direct participation, ATTY. SERRANO, as principal by inducement and YUCHENGCO and CHENG, also by inducement[,] [who] being responsible officers of MICO ultimately benefited from said unlawful act[.]26
The first three definitive elements of the crime, albeit present, are defeated by the absence of the fourth.
The respondents readily admitted that an alteration was indeed made on the CCTs in issue allegedly for the purpose of correcting a mistake in the name of the registered owner of the condominium units involved. Said alteration had obviously changed the tenor of the CCTs considering that ASB, the initially named owner, was changed into MICO. The first and third elements are undeniably present.
Anent the second element, the respondents argued that the CCTs in issue were mere drafts and are not legally considered “genuine documents” within the strict definition of the law. Albeit the contention is partially true, no proof has been shown to prove that the CCTs issued in favor of ASB were mere drafts.
The CCTs of ASB are obviously complete. If we are to compare it with the appearance and contents of the CCTs issued in favor of MICO, one will notice no definitive difference between the two except that one set was named in favor of ASB and the other set, in favor of MICO. Nothing is shown that will clearly prove that the former were mere drafts and the latter are the final copies. As far as the appearance of the CCTs of ASB is concerned, all appear to be complete and genuine. Proof to the contrary must be shown to prove otherwise.
Delivery of the titles to the named owners is not a pre-requisite before all these CCTs can be legally categorized as genuine documents. The fact that the same had already been signed by respondent Espenesin in his capacity as Registrar of Deeds of Pasig City and the notations imprinted thereon appeared to have been entered on March 11, 2005 at 11:55 a.m. at the Registry Books of Pasig City, the CCTs in issue are bound to be treated as genuine documents drafted and signed in the regular performance of duties of the officer whose signature appears thereon.27
Section 3. Corrupt practices of public officers. – In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:cralawlibrary
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.
x x x x
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
(1) the offender is a public officer; (2) the offender persuades, induces, or influences another public officer to perform an act or the offender allows himself to be persuaded, induced, or influenced to commit an act; (3) the act performed by the other public officer or committed by the offender constitutes a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duty of the latter. (Emphasis supplied).
(1) the offender is a public officer; (2) the act was done in the discharge of the public officer’s official, administrative or judicial functions; (3) the act was done through manifest partiality, evident bad faith, or gross inexcusable negligence; and (4) the public officer caused any undue injury to any party, including the Government, or gave any unwarranted benefits, advantage or preference.28
Section 10. General functions of Registers of Deeds. – The office of the Register of Deeds constitutes a public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated.
It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration. He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled. If the instrument is not registerable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefore, and advising him of his right to appeal by consulta in accordance with Section 117 of the Decree.
The third element of Section 3 (e) of RA 3019 may be committed in three ways, i.e., through manifest partiality, evident bad faith or gross inexcusable negligence. Proof of any of these three in connection with the prohibited acts mentioned in Section 3(e) of RA 3019 is enough to convict.
Explaining what "partiality," "bad faith" and "gross negligence" mean, we held:cralawlibrary“Partiality” is synonymous with “bias” which “excites a disposition to see and report matters as they are wished for rather than as they are.” “Bad faith does not simply connote bad judgment or negligence; it imputes a dishonest purpose or some moral obliquity and conscious doing of a wrong; a breach of sworn duty through some motive or intent or ill will; it partakes of the nature of fraud.” “Gross negligence has been so defined as negligence characterized by the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but wilfully and intentionally with a conscious indifference to consequences in so far as other persons may be affected. It is the omission of that care which even inattentive and thoughtless men never fail to take on their own property.”
In the instant case, petitioner was grossly negligent in all the purchases that were made under his watch. Petitioner’s admission that the canvass sheets sent out by de Jesus to the suppliers already contained his signatures because he pre-signed these forms only proved his utter disregard of the consequences of his actions. Petitioner also admitted that he knew the provisions of RA 7160 on personal canvass but he did not follow the law because he was merely following the practice of his predecessors. This was an admission of a mindless disregard for the law in a tradition of illegality. This is totally unacceptable, considering that as municipal mayor, petitioner ought to implement the law to the letter. As local chief executive, he should have been the first to follow the law and see to it that it was followed by his constituency. Sadly, however, he was the first to break it.
Petitioner should have complied with the requirements laid down by RA 7160 on personal canvass, no matter how strict they may have been. Dura lex sed lex. The law is difficult but it is the law. These requirements are not empty words but were specifically crafted to ensure transparency in the acquisition of government supplies, especially since no public bidding is involved in personal canvass. Truly, the requirement that the canvass and awarding of supplies be made by a collegial body assures the general public that despotic, irregular or unlawful transactions do not occur. It also guarantees that no personal preference is given to any supplier and that the government is given the best possible price for its procurements.
The fourth element is likewise present. While it is true that the prosecution was not able to prove any undue injury to the government as a result of the purchases, it should be noted that there are two ways by which Section 3(e) of RA 3019 may be violated—the first, by causing undue injury to any party, including the government, or the second, by giving any private party any unwarranted benefit, advantage or preference. Although neither mode constitutes a distinct offense, an accused may be charged under either mode or both. The use of the disjunctive “or’ connotes that the two modes need not be present at the same time. In other words, the presence of one would suffice for conviction.
Aside from the allegation of undue injury to the government, petitioner was also charged with having given unwarranted benefit, advantage or preference to private suppliers. Under the second mode, damage is not required.
The word “unwarranted” means lacking adequate or official support; unjustified; unauthorized or without justification or adequate reason. “Advantage” means a more favorable or improved position or condition; benefit, profit or gain of any kind; benefit from some course of action. “Preference” signifies priority or higher evaluation or desirability; choice or estimation above another.
In order to be found guilty under the second mode, it suffices that the accused has given unjustified favor or benefit to another, in the exercise of his official, administrative or judicial functions. Petitioner did just that. The fact that he repeatedly failed to follow the requirements of RA 7160 on personal canvass proves that unwarranted benefit, advantage or preference was given to the winning suppliers. These suppliers were awarded the procurement contract without the benefit of a fair system in determining the best possible price for the government. The private suppliers, which were all personally chosen by respondent, were able to profit from the transactions without showing proof that their prices were the most beneficial to the government. For that, petitioner must now face the consequences of his acts.32 (Emphasis supplied).
x x x [Espenesin] justified his action by asseverating that since the CCTs were still under the possession and control of the Register of Deeds and have not yet been distributed to the owners, amendments can still be made thereon.
It is worthy to note that the CCTs of ASB, at the time when the amendment was made, were obviously complete. From its face, we can infer that all have attained the character of a binding public document. The signature of [Espenesin] is already affixed thereon, and on its face, it was explicitly declared that the titles have already been entered in the Registration Book of the Register of Deeds of Pasig City on March 11, 2005 at 11:55 a.m. Allegations to the contrary must be convincingly and positively proven, otherwise, the presumption holds that the CCTs issued in the name of ASB were regular and the contents thereon binding.
Stated in a different light, delivery of the titles to the named owners is not a pre-requisite before all these CCTs can be legally categorized as genuine documents. The fact that the same had already been signed by x x x Espenesin in his capacity as Register of Deeds of Pasig City and the notations imprinted thereon appeared to have been entered on March 11, 2005 at 11:55 a.m. at the Registry Books of Pasig City, the CCTs in issue are bound to be treated as genuine documents drafted and signed in the regular performance of duties of the officer whose signature appears thereon. The law has made it so clear that it is the entry of the title in the Registration Book that controls the discretion of the Register of Deeds to effect the necessary amendments and not the actual delivery of the titles to the named owners.
This being the case, strict compliance with the mandates of Section 108 of P.D. 1529 is strictly called for. The provision is clear that upon entry of a certificate of title (which definitely includes Condominium Certificate of Title) attested to by the Register of Deeds, no amendment shall be effected thereon except upon lawful order of the court.
In the instant case, it became obvious that after the CCTs of ASB were entered in the Registration Book on March 11, 2005 at exactly 11:55 a.m., the notations thereon were thereafter amended by [Espenesin] when Atty. Serrano purportedly informed him of the alleged error inscribed therein. The proper remedy that should have been undertaken by [Espenesin] soon after he was informed of the error is to either initiate the appropriate petition himself or to suggest to the parties to the MOA to file said petition in court for the amendment of the CCTs. An amendment by way of a shortcut is not allowed after entry of the title in the Registration Book.
x x x x
If the Regional Trial Court sitting as a land registration court is not legally authorized to determine the respective rights of the parties to the MOA when deciding on the petition for amendment and cancellation of title, all the more with the Registrar of Deeds who is legally not empowered to make such determination and to cause an automatic amendment of entries in the Registration Book on the basis of his unauthorized determination.
[Espenesin’s] liability is grounded on the untimely and unauthorized amendment of the CCTs in issue. This is regardless of whether the amendment had made the CCTs speak of either a lie or the truth. What defines his error is his inability to comply with the proper procedure set by law.33 (Emphasis supplied).
x x x [P]robable cause has been defined as the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.37cralaw virtualaw library
Probable cause is a reasonable ground for presuming that a matter is or may be well-founded on such state of facts in the prosecutor's mind as would lead a person of ordinary caution and prudence to believe — or entertain an honest or strong suspicion — that it is so.38
The term does not mean "actual and positive cause" nor does it import absolute certainty. It is merely based on opinion and reasonable belief. x x x Probable cause does not require an inquiry into whether there is sufficient evidence to procure a conviction.41 (Emphasis and italics supplied).
Sometime ago [Serrano] requested that condominium titles over specified unit[s] be issued in consonance with the sharing in the joint venture [MOA]. Titles were correspondingly issued as per request, some in the name of [MICO] and some in the name of [ASB]. Before its release to the parties, Atty. Serrano came back and requested that some titles issued in the name of [ASB] be change[d] to [MICO] because allegedly there was error in the issuance.
Believing it was a simple error and on representation of the person we came to know and considered the representative of both parties, we erased the name ASB Realty Corporation on those specified titles and placed instead the name Malayan Insurance Company.
To our mind[,] the purpose was not to transfer ownership but merely to rectify an error committed in the issuance of titles. And since they were well within our capacity to do, the titles not having been released yet to its owner, we did what we believed was a simple act of rectifying a simple mistake.42
Section 4. Distribution and Disposition of Units. (a) As a return of its capital investment in the Project, each party shall be entitled to such portion of all the net saleable area of the Building that their respective contributions to the Project bear to the actual construction cost. As of the date of the execution hereof, and on the basis of the total costs incurred to date in relation to the Remaining Construction Costs (as defined in Section 9(a) hereof), the parties shall respectively be entitled to the following (which entitlement shall be conditioned on, and subject to, adjustments as provided in sub-paragraph (b) of Section 4 in the event that the actual remaining cost of construction exceeds the Remaining Construction Cost):cralawlibrary
(i) [MICO] – the net saleable area particularly described in Schedule 2 hereof.
(ii) ASB – the following net saleable area:cralawlibrary(A) the net saleable area which ASB had pre-sold for an aggregate purchase price of P640,085,267.30 as set forth in Schedule 1 (including all paid and unpaid proceeds of said pre-sales);chanr0blesvirtualawlibrary
(B) the net saleable area particularly described in Schedule 3 hereof which shall be delivered to ASB upon completion of the Project; and,
(C) provided that the actual remaining construction costs do not exceed the Remaining Construction Cost, the net saleable area particularly described in Schedule 4 hereof which shall be delivered to ASB upon completion of the Project and determination of its actual construction costs. If the actual remaining construction costs exceed the Remaining Construction Cost, sub-paragraph (b) of this Section 4 shall apply.43
E. ASB has pre-sold a number of condominium units in the Project to certain buyers as set forth in Schedule 1 hereof, and in order to protect the interests of these buyers and preserve the interest in the Project, the goodwill and business reputation of Malayan, Malayan has proposed to complete the Project, and ASB has accepted such proposal, subject to the terms and conditions contained herein, including the contribution to the Project (a) by Malayan of the Lot and (b) by ASB of its interest as buyer under the Contract to Sell.
x x x x
Section 3. Recognition of ASB’s Investment. The parties confirm that as of the date hereof, ASB invested in the Project an amount equivalent to its entitlement to the net saleable area of the Building under Section 4 below, including ASB’s interest as buyer under the Contract to Sell.44
Documents Required for Registration of Real Property with the Register of Deeds:cralawlibrary
1. Common Requirements o Original copy of the Deed or Instrument (Original Copy + 2 duplicate copies)If the original copy cannot be produced, the duplicate original or certified true copy shall be presented accompanied with a sworn affidavit executed by the interested party why the original copy cannot be presented. o Owner’s copy of the Certificate of Title or Co-owner’s copy if one has been issued. (Original Copy + 2 duplicate copies) o Latest Tax Declaration if the property is an unregistered land. (Original Copy + 2 duplicate copies) 2. Specific Requirements 1. Deed of Sale/Transfer x x x x ♦ For Corporation 1. Secretary’s Certificate or Board Resolution to Sell or Purchase (Original Copy + Duplicate Copy) 2. Articles of Incorporation (for transferee corporation) (1 Certified Copy of the Original) 3. Certificate of the Securities and Exchange Commission (SEC) that the Articles of Incorporation had been registered . (1 Certified Copy of the Original) 4. For Condominium or Condominium Certificate of Transfer, affidavit/certificate of the Condominium Corporation that the sale/transfer does not violate the 60-40 rule.(Original Copy + 1 Duplicate Copy) 5. Subsequent transfer of CCT requires Certificate of the Condominium Management. (Original Copy) 6. Sale by a Corporation Sole, court order is required.(Original copy of the Court Order) Additional Requirements x x x x 11. Condominium Projects ♦ Master Deed (Original Copy + 1 Duplicate Copy) ♦ Declaration of Restriction (Original Copy + 1 Duplicate Copy) ♦ Diagrammatic Floor Plan (Original Copy + 1 Duplicate Copy) If the Condominium Certificate of Title is issued for the first time in the name of the registered owner, require the following: o Certificate of Registration with the Housing and Land Use Regulatory Board (Original Copy + 1 Duplicate Copy) o Development Permit (Original Copy + 1 Duplicate Copy) o License to Sell (Original Copy + 1 Duplicate Copy)45
Section 108. Amendment and alteration of certificates. No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance. A registered owner of other person having an interest in registered property, or, in proper cases, the Register of Deeds with the approval of the Commissioner of Land Registration, may apply by petition to the court upon the ground that the registered interests of any description, whether vested, contingent, expectant or inchoate appearing on the certificate, have terminated and ceased; or that new interest not appearing upon the certificate have arisen or been created; or that an omission or error was made in entering a certificate or any memorandum thereon, or, on any duplicate certificate; or that the same or any person on the certificate has been changed; or that the registered owner has married, or, if registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected; or that a corporation which owned registered land and has been dissolved has not convened the same within three years after its dissolution; or upon any other reasonable ground; and the court may hear and determine the petition after notice to all parties in interest, and may order the entry or cancellation of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms and conditions, requiring security or bond if necessary, as it may consider proper; Provided, however, That this section shall not be construed to give the court authority to reopen the judgment or decree of registration, and that nothing shall be done or ordered by the court which shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs and assigns, without his or their written consent. Where the owner's duplicate certificate is not presented, a similar petition may be filed as provided in the preceding section.
Considering that prior to the release of titles, [Espenesin] merely rectified what was represented to this office as error in the preparation of typing or the certificates, hence, it is wrong to subject him to an administrative sanction. This is bolstered by the fact that, at the time of release (and perhaps even up to the present time), there was no final determination yet from the land registration court as to who has a better right to the property in question.54 (Emphasis supplied).
Section 40. Entry of Original Certificate of Title. Upon receipt by the Register of Deeds of the original and duplicate copies of the original certificate of title the same shall be entered in his record book and shall be numbered, dated, signed and sealed by the Register of Deeds with the seal of his office. Said certificate of title shall take effect upon the date of entry thereof. The Register of Deeds shall forthwith send notice by mail to the registered owner that his owner's duplicate is ready for delivery to him upon payment of legal fees.
Section 42. Registration Books. The original copy of the original certificate of title shall be filed in the Registry of Deeds. The same shall be bound in consecutive order together with similar certificates of title and shall constitute the registration book for titled properties.
Section 43. Transfer Certificate of Title. The subsequent certificate of title that may be issued by the Register of Deeds pursuant to any voluntary or involuntary instrument relating to the same land shall be in like form, entitled "Transfer Certificate of Title", and likewise issued in duplicate. The certificate shall show the number of the next previous certificate covering the same land and also the fact that it was originally registered, giving the record number, the number of the original certificate of title, and the volume and page of the registration book in which the latter is found.
Endnotes:
1 Constitution, Art. XI, Secs. 12-13.
2 Id.; The Ombudsman Act of 1989, Secs. 13 and 15.
3 Rollo (G.R. No. 192685), pp. 31-41.
4 Id. at 50-55.
5Metropolitan Bank and Trust Co. v. ASB Holdings, Inc., 545 Phil. 604, 610 (2007).
6 Id. at 612.
7Rollo (G.R. No. 192685), pp. 66-75.
8 3RD Recital, paragraph C of the MOA. Id. at 66.nadcralawlibrary
9 Id. at 67-68.redcralaw
10 Unit Nos.: 706, 902, 907, 911, 912, 914, 918, 1805, 1807, 1809, 1810, 1811, 1814, 1815, 1816, 1818, 2204, 2207, 2208, 2209, 2210, 2211, 2212, 2214, 2215, 2217, 2302, 2303, 2304, 2306, 2309, 2311, 2312, 2314, 2315, 2318, P5 and 2316. Id. at 34.
11 Id. at 200-202.
12 Id. at 203.
13 Id. at 204.
14 Entitled, “Property Registration Decree.”
Section 108. Amendment and alteration of certificates. No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance. A registered owner of other person having an interest in registered property, or, in proper cases, the Register of Deeds with the approval of the Commissioner of Land Registration, may apply by petition to the court upon the ground that the registered interests of any description, whether vested, contingent, expectant or inchoate appearing on the certificate, have terminated and ceased; or that new interest not appearing upon the certificate have arisen or been created; or that an omission or error was made in entering a certificate or any memorandum thereon, or, on any duplicate certificate; or that the same or any person on the certificate has been changed; or that the registered owner has married, or, if registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected; or that a corporation which owned registered land and has been dissolved has not convened the same within three years after its dissolution; or upon any other reasonable ground; and the court may hear and determine the petition after notice to all parties in interest, and may order the entry or cancellation of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms and conditions, requiring security or bond if necessary, as it may consider proper; Provided, however, That this section shall not be construed to give the court authority to reopen the judgment or decree of registration, and that nothing shall be done or ordered by the court which shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs and assigns, without his or their written consent. Where the owner's duplicate certificate is not presented, a similar petition may be filed as provided in the preceding section.
All petitions or motions filed under this Section as well as under any other provision of this Decree after original registration shall be filed and entitled in the original case in which the decree or registration was entered.
15Rollo (G.R. No. 192685), pp. 56-65.
16 Id. at 35-37.
17 Constitution, Art. XI, Sec. 13.
18 Constitution, Art. XI, Sec. 12.
19ABS-CBN Broadcasting Corporation v. Office of the Ombudsman, G.R. No. 133347, 15 October 2008, 569 SCRA 59, 75.
20Vergara v. Ombudsman, G.R. No. 174567, 12 March 2009, 580 SCRA 693, 708; Presidential Commission on Good Government v. Desierto, 563 Phil. 517, 525-526 (2007).
21 ABS-CBN Broadcasting Corporation v. Office of the Ombudsman, supra note 19 at 75-76.
22Baviera v. Zoleta, 535 Phil. 292, 314 (2006).
23 Vergara v. Ombudsman, supra note 20 at 709.
24Rollo (G.R. No. 192685), p. 31.red cralawlibrary
25 Id. at 31-32.
26 Id. at 62-63.
27 Id. at 38-39.
28Sison v. People, G.R. Nos. 170339 and 170398-403, 9 March 2010, 614 SCRA 670, 679.
29Office of the Ombudsman (Mindanao) v. Cruzabra, G.R. No. 183507, 24 February 2010, 613 SCRA 549, 552.
30 Section 57. Procedure in registration of conveyances. An owner desiring to convey his registered land in fee simple shall execute and register a deed of conveyance in a form sufficient in law. The Register of Deeds shall thereafter make out in the registration book a new certificate of title to the grantee and shall prepare and deliver to him an owner's duplicate certificate. The Register of Deeds shall note upon the original and duplicate certificate the date of transfer, the volume and page of the registration book in which the new certificate is registered and a reference by number to the last preceding certificate. The original and the owner's duplicate of the grantor's certificate shall be stamped "cancelled." The deed of conveyance shall be filled and indorsed with the number and the place of registration of the certificate of title of the land conveyed.
31 Entitled, “Property Registration Decree.”
Section 108. Amendment and alteration of certificates. No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance. A registered owner of other person having an interest in registered property, or, in proper cases, the Register of Deeds with the approval of the Commissioner of Land Registration, may apply by petition to the court upon the ground that the registered interests of any description, whether vested, contingent, expectant or inchoate appearing on the certificate, have terminated and ceased; or that new interest not appearing upon the certificate have arisen or been created; or that an omission or error was made in entering a certificate or any memorandum thereon, or, on any duplicate certificate; or that the same or any person on the certificate has been changed; or that the registered owner has married, or, if registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected; or that a corporation which owned registered land and has been dissolved has not convened the same within three years after its dissolution; or upon any other reasonable ground; and the court may hear and determine the petition after notice to all parties in interest, and may order the entry or cancellation of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms and conditions, requiring security or bond if necessary, as it may consider proper; Provided, however, That this section shall not be construed to give the court authority to reopen the judgment or decree of registration, and that nothing shall be done or ordered by the court which shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs and assigns, without his or their written consent. Where the owner's duplicate certificate is not presented, a similar petition may be filed as provided in the preceding section.
All petitions or motions filed under this Section as well as under any other provision of this Decree after original registration shall be filed and entitled in the original case in which the decree or registration was entered.
32 Supra note 28 at 679-682.
33Rollo (G.R. No. 199115), pp. 174-176.
34Metropolitan Bank and Trust Company v. Tobias III, G.R. No. 177780, 25 January 2012, 664 SCRA 165, 177-178.
35 Balangauan v. Court of Appeals, Special Nineteenth Division, Cebu City, G.R. No. 174350, 13 August 2008, 562 SCRA 184, 207.
36 390 Phil. 912 (2000).cralaw
37 Id. at 945-946.
38Fuentes, Jr. v. Office of the Ombudsman, 511 Phil. 402, 415 (2005).
39Galario v. Office of the Ombudsman (Mindanao), G.R. No. 166797, 10 July 2007, 527 SCRA 190, 204.
40Casing v. Ombudsman, G.R. No. 192334, 13 June 2012, 672 SCRA 500, 509 citing Metropolitan Bank and Trust Company v. Gonzales, G.R. No. 180165, 7 April 2009, 584 SCRA 631, 641.
41Pilapil v. Sandiganbayan, G.R. No. 101978, 7 April 1993, 221 SCRA 349, 360.
42Rollo (G.R. No. 192685), p. 203.
43 Rollo (G.R. No. 199115), pp. 79-80.
44 Id. at 79.
45 See http://nreaphilippines.com/question-on-philippine-real-estate/land-registration-procedure/ last visited 21 July 2013.
46 See Sec. 1, Rule 45 in relation to Sec. 1, Rule 65 of the Rules of Court; Angeles v. Gutierrez, G.R. Nos. 189161 and 189173, 21 March 2012, 668 SCRA 803.
47Domingo v. Rayala, G.R. Nos. 155831, 155840 and 158700, 18 February 2008, 546 SCRA 90, 112.
48Estarija v. Ranada, 525 Phil. 718, 728 (2006); Bureau of Internal Revenue v. Organo, 468 Phil. 111, 118 (2004).
49Villanueva v. Court of Appeals, 528 Phil. 432, 442 (2006); Civil Service Commission v. Lucas, 361 Phil. 486, 490-491 (1999).
50 Santos v. Rasalan, 544 Phil. 35, 43 (2007); Civil Service Commission v. Ledesma, 508 Phil. 569, 580 (2005).
51 Santos v. Rasalan, id.
52Office of the Ombudsman v. Miedes, Sr., G.R. No. 176409, 27 February 2008, 547 SCRA 148, 157.
53Rollo (G.R. No. 199115), p. 184.
54 Id.
55 Sec. 9, Presidential Decree No. 1529.
56 Section 39. Preparation of decree and Certificate of Title. After the judgment directing the registration of title to land has become final, the court shall, within fifteen days from entry of judgment, issue an order directing the Commissioner to issue the corresponding decree of registration and certificate of title. The clerk of court shall send, within fifteen days from entry of judgment, certified copies of the judgment and of the order of the court directing the Commissioner to issue the corresponding decree of registration and certificate of title, and a certificate stating that the decision has not been amended, reconsidered, nor appealed, and has become final. Thereupon, the Commissioner shall cause to be prepared the decree of registration as well as the original and duplicate of the corresponding original certificate of title. The original certificate of title shall be a true copy of the decree of registration. The decree of registration shall be signed by the Commissioner, entered and filed in the Land Registration Commission. The original of the original certificate of title shall also be signed by the Commissioner and shall be sent, together with the owner's duplicate certificate, to the Register of Deeds of the city or province where the property is situated for entry in his registration book.
Section 40. Entry of Original Certificate of Title. x x x.
Section 41. Owner's duplicate certificate of title. The owner's duplicate certificate of title shall be delivered to the registered owner or to his duly authorized representative. If two or more persons are registered owners, one owner's duplicate certificate may be issued for the whole land, or if the co-owners so desire, a separate duplicate may be issued to each of them in like form, but all outstanding certificates of title so issued shall be surrendered whenever the Register of Deeds shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein. The Register of Deeds shall note on each certificate of title a statement as to whom a copy thereof was issued.
Section 42. Registration Books. x x x.
Section 43. Transfer Certificate of Title. x x x.
57 Imperial, Jr. v. Government Service Insurance System, G.R. No. 191224, 4 October 2011, 658 SCRA 497, 506.
58National Power Corporation v. Civil Service Commission, G.R. No. 152093, 24 January 2012, 663 SCRA 492, 495.
59National Power Corporation v. Civil Service Commission, id.; Jamsani-Rodriguez v. Justices Ong, Hernandez, Ponferrada, A.M. 8-19-SBJ, 24 August 2010.
60 Section 22, Rule XIV of the Omnibus Rules Implementing Book V of the Administrative Code of 1987.