FIRST DIVISION
G.R. No. 168157, August 19, 2015
HILARIO P. SORIANO, Petitioner, v. DEPUTY OMBUDSMAN FOR LUZON VICTOR C. FERNANDEZ, FLORIZA A. BRIONES, GRAFT INVESTIGATION AND PROSECUTION OFFICER II, DONNA B. PASCUAL, GRAFT INVESTIGATION AND PROSECUTION OFFICER II, AND ATTY. ADONIS C. CLEOFE, Respondents.
D E C I S I O N
BERSAMIN, J.:
The discretion of the Office of the Ombudsman in the determination of probable cause to charge a respondent public official or employee cannot be interfered with in the absence of a clear showing of grave abuse of discretion amounting to lack or excess of jurisdiction.
WHEREFORE, in view of the foregoing, the instant motion is hereby granted and order is hereby given:chanRoblesvirtualLawlibraryThe order of January 28, 2002 was the product of the order earlier issued on February 28, 2001 to resolve Robles' Motion For Judgment on the Pleadings by directing, on one hand, the Spouses Romeo L. Santos and Florencia Puno (Spouses Santos) to cause the Deed of Absolute Sale to be notarized before a Notary Public; to deliver the notarized Deed of Absolute Sale to Robles; and to surrender possession of TCT No. T-43029 to Robles; and, on the other hand, Robles to execute a Special Power of Attorney authorizing the Spouses Santos to sell the property covered by TCT No. T-43029 at a price higher than P20,000,000.00, and afterward to divide the difference between the purchase price and the P20,000,000.00 equally between herself, and the Spouses Santos.6
1. Divesting defendants spouses Romeo L. Santos and Florencia P. Puno of their title over the parcel of land covered by TCT No. T-43029 and vesting title thereof to plaintiff Ma. Teresa S. Robles;ChanRoblesVirtualawlibrary
2. Directing the Batangas City Register of Deeds to cancel the outstanding owner's duplicate copy of TCT No. T-43029 issued in the name of Romeo L. Santos, married to Florencia Puno and issue in lieu thereof a new owner's duplicate copy in the name of Ma. Teresa S. Robles containing a memorandum of annulment of outstanding duplicate after payment of proper taxes and fees;ChanRoblesVirtualawlibrary
3. Directing the Branch Clerk of Court to issue the writ of possession.
On January 28, 2002, the RTC issued the writ of possession.11
(1) direct the sheriff or the clerk of this Court to execute a deed of sale over the subject property in favor of the plaintiff or in lieu of directing a conveyance, divesting the title of the defendants over the said property and vesting said title in the plaintiff, under Sec. 10 (a) of Rule 39 of the Revised Rules of Civil Procedure; (2) annul owner's duplicate certificate of TCT No. T-43029 and direct the Register of Deeds of Batangas City to issue a new certificate of title in lieu thereof in the name of plaintiff upon payment of the necessary taxes and fees; and (3) issue a writ of possession over the subject property in favor of the plaintiff.10
After a careful evaluation of the records of the case, we do not find probable cause to hold the respondent liable as charged.On September 21, 2004, the petitioner sought reconsideration,24 which Atty. Cleofe opposed.25cralawred
Section 3(e), R.A. 3019, as amended, requires proof of manifest partiality or evident bad faith or gross inexcusable negligence. The circumstances obtaining in the case before Us, failed to show the presence of any of these elements. Indeed, the complainant failed to overcome the presumption of good faith to which every public official, acting in the discharge of his official duties is entitled.
xxx The record is bereft of any evidence to prove that the respondent was actuated with malice and/or bad faith when he issued a new title in the name of Ma. Teresa Robles. Neither was there evidence to show that respondent had gained pecuniary benefit from his act of issuing the new title, which in the first place was ordered by the court of competent jurisdiction.
Also, the respondent, in issuing the new title, even without the payment of taxes, is guided by the Order previously issued by the LRA in a similar case, (Consulta Case No. 2402), which was brought in consulta to the LRA, wherein it was ruled that payment of transfer tax, capital gains tax and documentary stamp tax and the submission of a real estate tax clearance do not apply to court order. Respondent is on the honest belief that the matter at hand involved an involuntary transaction to which payment of taxes and fees may no longer be required. Whether or not such transaction is involuntary, or otherwise, is no longer the concern of the instant proceedings. As pointed out by the respondent, the LRA is governed by its own rules and regulations the wisdom of which cannot be looked into by this Office, as the land Registration Authority is possessed with the necessary special knowledge and expertise to interpret and implement the same.
In passing, the cause of action of herein complainant is more civil, rather than criminal in nature, against Mr. Romeo Santos and/or Ma. Teresa Robles, which can be properly ventilated in the regular court of justice.23
It can be seen that the Ombudsman's finding of lack of malice/bad faith on the part of private respondent proceeds from the fact that private respondent's act of canceling the subject TCT and issuing another one in the name of Ma. Teresa Robles was based on the Order of the presiding Judge Romeo F. Barza of RTC Branch 3, Pallocan, Batangas City in relation to Consulta case No. 2402. Therefore, it can neither be said that private respondent acted with "palpable and patent fraud with dishonest purpose to do moral obliquity, nor with conscious wrongdoing for some some perverse motive or ill will" (Llorente vs. Sandiganbayan, 287 SCRA 382 [1998]; Sistoza vs. Desierto, 388 SCRA 307 [2002]) x x x.
It is a settled rule that the courts do not interfere in the determination of the Ombudsman regarding the existence of probable cause, provided there is no grave abuse in the exercise of such discretion ( Esquivel and Esquivel vs. The Hon. Ombudsman, 389 SCRA 143 [2002]). xxx
Likewise, a thorough evaluation of petitioner's discussion supporting his ground for filing the petition would show that petitioner would like the Ombudsman to declare the nature of, and enumerate, the "proper taxes and fees" stated in the Order issued by Presiding Judge Romeo F. Barza, RTC, Branch 3, Pallocan, Batangas City and eventually adjudge that private respondent could be indicted for the offense charged since, the transfer was made without payment of the "proper taxes and fees." Evidently, the Ombudsman is precluded from making any declaration to such effect, otherwise it would be arrogating unto itself the power of the court that issued the Order to clarify what are included in the phrase "proper taxes and fees." Verily, no grave abuse of discretion attended the Ombudsman's dismissal of petitioner's complaint.28
Sec. 117. Procedure. - When the Register of Deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage or other instrument presented to him for registration, or where any party in interest does not agree with the action taken by the Register of Deeds with reference to any such instrument, the question shall be submitted to the Commissioner of Land Registration by the Register of Deeds, or by the party in interest thru the Register of Deeds.The petitioner's recourse if he did not consider Atty. Cleofe's stance on the treatment of the transfer by virtue of the judgment of the RTC as contained in the latter's reply to his letter of August 29, 2003 legally sustainable was to follow the procedure prescribed by Section 117, supra, which was for him to elevate in consulta to the LRA his disagreement with such stance. However, there is no showing that the petitioner elevated his concerns in consulta. His inaction signified his acceptance of Atty. Cleofe's stance on the matter. Under the circumstances, the petitioner could not justly accuse Atty. Cleofe of manifest partiality, evident bad faith or gross inexcusable negligence.
Where the instrument is denied registration, the Register of Deeds shall notify the interested party in writing, setting forth the defects of the instrument or legal grounds relied upon, and advising him that if he is not agreeable to such ruling, he may, without withdrawing the documents from the Registry, elevate the matter by consulta within five days from receipt of notice of the denial of registration to the Commissioner of Land Registration.
The Register of Deeds shall make a memorandum of the pending consulta on the certificate of title which shall be cancelled motu proprio by the Register of Deeds after final resolution or decision thereof, or before resolution, if withdrawn by petitioner.
The Commissioner of Land Registration, considering the consulta and the records certified to him after notice to the parties and hearing, shall enter an order prescribing the step to be taken or memorandum to be made. His resolution or ruling in consultas shall be conclusive and binding upon all Registers of Deeds, provided, that the party in interest who disagrees with the final resolution, ruling or order of the Commissioner relative to consultas may appeal to the Court of Appeals within the period and in manner provided in Republic Act No. 5434. (Emphasis supplied)
Jurisprudence explains that the Office of the Ombudsman is vested with the sole power to investigate and prosecute, motu proprio or on complaint of any person, any act or omission of any public officer or employee, office, or agency when such act or omission appears to be illegal, unjust, improper, or inefficient. The Ombudsman's power to investigate and to prosecute is plenary and unqualified.None of the exceptions was present herein.
The Ombudsman has the discretion to determine whether a criminal case, given its attendant facts and circumstances, should be filed or not. The Ombudsman may dismiss the complaint should the Ombudsman find the complaint insufficient in form or substance, or the Ombudsman may proceed with the investigation if, in the Ombudsman's view, the complaint is in due form and substance. Hence, the filing or non-filing of the information is primarily lodged within the "full discretion" of the Ombudsman.
This Court has consistently adopted a policy of non-interference in the exercise of the Ombudsman's constitutionally mandated powers. The Ombudsman, which is "beholden to no one, acts as the champion of the people and the preserver of the integrity of the public service." However, this Court is not precluded from reviewing the Ombudsman's action when there is grave abuse of discretion, in which case the certiorari jurisdiction of the Court may be exceptionally invoked pursuant to Section 1, Article VIII of the Constitution. We have enumerated instances where the courts may interfere with the Ombudsman's investigatory powers:chanRoblesvirtualLawlibrary
(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.
The authority and the duty to dismiss a worthless complaint fully accorded with the primary responsibility of an officer engaged in public prosecution of offenses not to convict the offender but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is a cause for disciplinary action.35 Conformably with this tenet, the respondent public officials had the authority and the duty to dismiss the petitioner's complaint once they determined it to be devoid of merit; thus, no abuse of discretion, much less grave abuse, could be attributed to them.36chanroblesvirtuallawlibraryRULE II
PROCEDURE IN CRIMINAL CASES
SECTION 1. GROUNDS. — A criminal complaint may be brought for an offense in violation of R.A. 3019, as amended, R.A. 1379, as amended, R.A. 6713, Title VII Chapter II, Section 2 of the Revised Penal Code, and for such other offenses committed by public officers and employees in relation to office.
Sec, 2. EVALUATION. — Upon evaluating the complaint, the investigating officer shall recommend whether it may be:a) dismissed outright for want of palpable merit;Sec. 4. PROCEDURE. — Preliminary investigation of cases falling under the jurisdiction of the Sandiganbayan and Regional Trial Courts shall be conducted in the manner prescribed in Section 3, Rule 112 of the Rules of Court, subject to the following provisions:chanRoblesvirtualLawlibrary
b) referred to respondent for comment;
c) indorsed to the proper government office or agency which has jurisdiction over the case;
d) forwarded to the appropriate office or official for fact-finding investigation;
e) referred for administrative adjudication; or
f) subjected to a preliminary investigation,
x x x x
x x x x
No information may be filed and no complaint may be dismissed without the written authority or approval of the Ombudsman in cases falling within the jurisdiction of the Sandiganbayan, or of the proper Deputy Ombudsman in all other cases.
Endnotes:
1Rollo, pp. 18-22.
2 Id. at 24-27.
3 Id. at 6.
4 Id.
5 Id. at 34-44.
6 Id. at 43.
7 Id.
8 Id.
9 Id.
10 Id.
11 Id. at 43-44.
12 Id. at 49-53.
13 Id. at 56.
14 Id. at 55.
15 Supra note 13.
16Rollo, pp.30-33.
17 Id. at 8.
18 Id. at 7.
19 Supra note 17.
20Rollo, p. 58
21 Id. at 58-60.
22 Supra note 1.
23 Id. at 21-22.
24 Id. at 82.
25 Id. at 90.
26 Id. at 105-109.
27 Id. at 124-134.
28 Id. at 132-133.
29 G.R. No. 174567, March 12, 2009, 580 SCRA 693, 708-709.
30Republic v. Sandiganbayan (Second Division), G.R. No. 129406, March 6, 2006, 484 SCRA 119, 127; Litton Mills, Inc. v. Galleon Trader, Inc., G.R. No. L-40867, July 26, 1988, 163 SCRA 489, 494.
31Angara v. Fedman Development Corporation, G.R. No. 156822, October 18, 2004, 440 SCRA 467, 478; Duero v. Cowl of Appeals, G.R. No. 131282, January 4, 2002, 373 SCRA 11, 17.
32 LRA Circular No. 11-2002, September 10, 2002 searched in Ira.gov.ph/wp-content/uploads/2015/07/Irafeeschedulel.pdf, visited on September 18, 2015; Schedule of Fees Payable to the Register Of Deeds (as appended in PENA, Registration of Land Titles and Deeds, 2008 Revised Edition, pp. 917-922.
33Uy v. Sandiganbayan, G.R. No. 105965-70, March 20, 2001, 354 SCRA 651, 666.
34 Rules of Procedure of the Office of the Ombudsman, signed by Ombudsman Conrado M. Vasquez, http://www.ombudsman.gov.ph/docs/adminorders/Administrative_Order_No 07.pdf visited on July 29, 2015.
35 Code of Professional Responsibility, Chapter 1, CANON 6, Rule 6.01.
36Tetangco vs. Ombudsman, G.R. No. 156427, January 20, 2006, 479 SCRA 249, 255-256.