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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 78 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE WITH FORFEITURE OF
BENEFITS ON ATTY. MANUEL L. ALMARIO, REGISTER OF DEEDS OF OCCIDENTAL
MINDORO
This refers to Administrative Case No. 95-8
against Atty. Manuel L. Almario, Register of Deeds of Occidental
Mindoro (now, resigned) for grave misconduct.
The case stemmed from the complaint-affidavit dated July 5, 1995, of
Rodolfo A. Plopinio, Assistant General Manager of Jopson Livestock
Integrated Resources, Inc. (JALIRI, for short), alleging that action on
certain documents presented in the Registry of Deeds of Occidental
Mindoro has been unreasonably delayed owing to JALIRI's refusal to
accede to the demands of Almario and his subordinate for "grease money"
to facilitate the processing of the three (3) Deeds of Sale JALIRI
submitted for registration. In the same affidavit, complainant alleged
having requested the National Bureau of Investigation (NBI)-Special
Task Force to conduct an entrapment operation against Almario et al.
On July 11, 1995, the NBI carried out the entrapment operation.
Official NBI report disclosed that complainant, under the pretense of
having voluntarily acceded to the demands, handed an envelope
containing P4,000.00 (four P1,000 bills) marked money to respondent who
then counted the money and placed it inside the center drawer of his
table. Whereupon, complainant went out of the office and signaled the
NBI agents, who immediately entered, seized and detained Almario and
one Guillermo Contura. After conducting routine examination, Almario
was found positive for fluorescent specks and smudges on his fingers.
Accordingly, he was arrested for bribery and the corresponding
administrative charges filed against him.
As complainant alleged in his affidavit, the processing of nine (9)
titles submitted by JALIRI for transfer to its subdivision lot buyers
in the latter part of 1994 took three months and that the release of
the titles was purposely delayed because the complainant did not accede
to the demand of respondent to shell out P4,000.00 as grease money to
expedite the signing and release thereof. Subsequently, or on May 17,
1995, complainant submitted another three (3) titles for processing,
but no action was done up to the date of the entrapment on July 11,
1995.
For his part, respondent maintained that the entrapment was motivated
by malice, vengeance or personal ill-will; that his act of receiving
the money does not constitute grave misconduct because it was done out
of generosity "to accommodate Mr. Plopinio", giving as his reasons: (1)
the cashier was no longer around at the time the money was given to
him, and (2) Mr. Plopinio was in hurry to leave because his wife was to
give birth. He denied the claim of deliberate delay in the processing
of complainant's documents. According to him, the registration would
not have been possible because the requirements had not been complied
with — the transfer taxes for the three Deeds of Sale having been paid
only on July 31, 1995. To support his claim, he submitted (1) an
affidavit dated July 24, 1995, executed by Ms. Wilma Bernardo, Cashier
of said Registry, stating that she was requested by respondent to
compute the taxes to be paid by JALIRI; and (2) a letter dated July 10,
1995, addressed to complainant, informing him that the registration of
the documents submitted for registration is denied after having been
found to contain deficiencies.
However, in the Land Registration Administration (LRA) investigator's
report dated January 13, 1997, it was shown that no action whatsoever
was made on the papers of JALIRI from the time the same were presented
to the Registry on May 17, 1995 up to the date of the entrapment
operation on July 11, 1995, which thereby suggests that the processing
of the three (3) deeds of sale of JALIRI submitted for registration was
purposely delayed to exact grease money from the complainant. Moreover,
the following subsequent factual events tend to confirm respondent's
culpability: (1) On May 15, 1997, he tendered his resignation as
Register of Deeds which was approved by then LRA Administrator Reynaldo
Y. Maulit; (2) On June 5, 1997, the Regional Trial Court (Branch 44) at
Mamburao, Occidental Mindoro, issued a decision in Criminal Case No.
Z-875, finding accused Atty. Manuel L. Almario guilty beyond reasonable
doubt of the crime of direct bribery under paragraph 2 of Article 220
of the Revised Penal Code; and (3) On July 16, 1998, the LRA
Administrator (Alfredo R. Enriquez) issued a decision, disposing of the
administrative case against Cortuna, finding him (Cortuna) guilty of
grave misconduct for which he was meted the penalty of dismissal from
the service with forfeiture of benefits.
After review of the aforementioned administrative case against
respondent, the Justice Secretary found him liable for grave misconduct
and recommended that he be dismissed from the service with forfeiture
of benefits.
The recommendation is well taken, considering the following apt
observations of the Secretary of Justice, thus:
"It is axiomatic in the law on registration that if the document is
registrable, it should be given due course; otherwise, the registrant
should be notified in writing setting forth the defects of the
instrument or legal grounds relied upon and advising him that if he is
not agreeable to the ruling, he may without withdrawing the documents
elevate the matter en consulta to the Authority (Sec. 117, P.D.
1529). Respondent's claim therefore that he did not act on the papers
of JALIRI — from 17 May 1995 when the documents were presented up to 11
July 1995 when the entrapment was conducted — because complainant has
not completed the requirements for registration is without merit.
Besides, the motive/intention for the delay which was to extract grease
money was established during the entrapment when respondent accepted
the marked money."
WHEREFORE, all the foregoing considered, respondent Manuel L. Almario
is hereby found guilty of grave misconduct and the penalty of dismissal
with forfeiture of whatever benefits to which he may be entitled is
hereby IMPOSED.
Done in the City of Manila,
Philippines, this 27th day of July, in the year of Our Lord, nineteen
hundred and ninety nine.
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Since 19.07.98.