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[A.M. No. P-05-1965.� February 23, 2005]
MARI�O vs. TRINIDAD
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 23 2005.
A.M. No. P-05-1965 (Efren Marino, et al. vs. Blas C. Trinidad, Legal Researcher, RTC-Branch 28, Sta. Cruz, Laguna, and Dario Luciano A. Fuentes, Sheriff, RTC-Branch 26, Argao, Cebu.)
In a Complaint dated April 16, 2004, the complainants charged the respondents with grave misconduct. Respondent Dario Luciano Fuentes is charged for his alleged complicity in a transaction with complainants involving three parcels of land in Pila, Laguna, covered by TCT Nos. T-126994, T-126995 and T-126996. The antecedents and the subsequent pleadings filed by the parties are summarized by the Office of the Court Administrator (OCA) in its Report dated January 20, 2005, as follows:
Complainants allege that they met respondent Fuentes and his wife,
Juliet, at the residence of Dr. Paulino A. Domingo wherein the Fuentes couple
sold to them the aforementioned properties. On 10 April 2001, they paid the
Fuentes spouses the amount of One Hundred Thousand Pesos (P100,000.00)
as partial payments for the purchase of the said properties. It turned out,
however, that the subject properties were actually registered in the name of
Alden Canosa, minor child out of wedlock of Dario and Juliet; hence, there is a
need to undertake some legal steps and proper documentation to facilitate the
conveyance of the said properties. Complainants suggested to the Fuentes couple
to institute a proceeding to adopt Alden. Upon the other hand, spouses Fuentes
proposed a different approach as per advice of Atty. Bonifacio Del Rio. Upon
telephoned instructions from Juliet, complainants turned over to Atty. Del Rio
the owner's duplicate copies of the Transfer Certificates of Title of the
subject properties. Later, however, Juliet dispensed with the services of Atty.
Del Rio by reason of the latter's frequent unavailability.
According to complainants, they were able to recover from Atty. Del Rio the owner's duplicate of the Transfer Certificates of Title and other pertinent documents that were allegedly part of a scheme to transfer the titles of the parcels of land. Upon learning this, complainants refused to go along with the plan of spouses Fuentes, and insisted that a proceeding for the adoption of Alden Canosa be initiated instead. The Fuenteses allegedly acceded thereto and asked for an additional amount of P30.000.00 which, as per instructions of Juliet, was deposited in her ATM Account No. 1025739457 at BPI, Cebu City on 30 April 2001. Consequently, sometime in June 2001, complainants were furnished several documents meant to facilitate the transfer of the properties. The negotiations, however, bogged down because Juliet informed complainants by telephone that the subject parcels of land have been mortgaged and that they would no longer institute the proceedings for the adoption of Alden Canosa.
Complainants, holding the documents earlier, furnished them in connection with the transaction, now accused respondent Dario Fuentes with knowledge of the supposed fraudulent scheme allegedly born out by the documents delivered to them.
On 2 October 2002, complainants were able to secure a copy of an Order dated 22 April 2002 of RTC-Branch 28, Sta. Cruz, Laguna in Pila Cadastre entitled, "In Re: Petition For Issuance of Second Owner's Copy of Transfer Certificates of Title Nos. T-126994 (Lot 9), T-126995 (Lot 10) and T-126996 (Lot 13), Juliet Fuentes, Petitioner." The said order directed the issuance of new owner's duplicate certificates of title on the subject properties. Upon inquiry with RTC-Branch 28, Sta. Cruz, Laguna, complainants found that no records of such petition actually exist and the order itself bears no docket number. Complainants claim that neither was there notice relative to the case posted on the properties. When complainants went to RTC-Branch 28, Laguna, to ask for the records of the case, the then officer-in-charge, respondent Blas C. Trinidad, asked for several extensions of time for him to produce the requested record.
On 28 July 2003, Atty. Romelita N. Rio-Florido, the newly-appointed Branch Clerk of Court, wrote complainants informing them that she issued a Memorandum to all employees in her office regarding the Pila Cadastre Case and that all, except Blas C. Trinidad, submitted his compliance and declared no participation whatsoever in the undocketed case.
Complainants, thus, charged respondent, Blas C. Trinidad, with complicity to the undocketed Pila Cadastre petition, including the court order dated 22 April 2002. They, likewise, claim that respondent Dario Luciano Fuentes made a series of follow-ups on said case.
In his Comment dated June 21, 2004, respondent Fuentes claimed that the allegations in the present administrative case are practically the same as those in the Petition for Relief from Judgment filed by complainants before the RTC of Sta. Cruz, Laguna, docketed as Civil Case No. SC-4233, which his wife had already answered. Other than his filing of a petition for authority in behalf of his son to sell the subject properties, which he filed before the RTC-Branch 6, Cebu City, docketed as SP Proc. No. 10400-CEBU, he denied any participation whatsoever in the transaction between his wife and complainants concerning the subject properties. Respondent Fuentes further denied that he made a series of follow-ups of the undocketed Pila Cadastre case at the RTC of Sta. Cruz, Laguna.
In its evaluation of the case, the OCA found that the complaint was bereft of showing that respondent Fuentes had a hand in forging the transaction, much less in perpetrating a fraudulent one. Moreover, the records bear no evidence of fraud or high-handed scheme that would overcome the presumption of regularity of the transaction between the parties. The OCA further elucidated, thus:
Further, it appears that throughout the negotiation of the
transaction, complainants dealt with Dario's wife, Juliet, who handed to them
the Owner's Duplicate Certificates of Title, whom they keep in touch with via telephone
calls to take instructions, and whose bank account they deposited P30.000.00
for the purpose of instituting necessary legal steps preparatory to the
conveyance of the subject properties.
Complainants, likewise, assail the inconsistencies in the documents which they allegedly obtained from the Fuenteses. Again, the participation of Mr. Fuentes in the preparation of the alleged inconsistent documents cannot be presumed, save those that were appended to his petition in court for the sale of his son's property. A review of the documents adverted to disclosed that the alleged discrepancies are either the documents are incomplete, not notarized, unauthenticated or in which respondent Fuentes had no participation in the preparation of the same. Included in the assailed error is even the middle initial of respondent's wife as appearing in their marriage contract.
We find the charge to be unsubstantiated. We defer to the time-honored precept that a finding of gross misconduct must proceed from reliable evidence; that a clear intent to violate the law or flagrant disregard of established rule, must be manifest.
Thus, the OCA recommended the dismissal of the complaint insofar as respondent Fuentes was concerned.
The findings of the OCA are well taken.
It is settled that in administrative proceedings, the complainant has the burden of proving, by substantial evidence, the allegations in his or her complaint. Such evidence must be competent and derived from direct knowledge. [1] cralaw Charges based on mere conjectures and suppositions cannot be given credence [2] cralaw and shall as such be dismissed. This Court will not shirk from its responsibility of imposing discipline upon its employees, but neither will it hesitate to shield them from unfounded suits that serve to disrupt rather than promote the orderly administration of justice. [3] cralaw
Considering the foregoing, the administrative complaint against respondent Dario Luciano A. Fuentes is DISMISSED for lack of merit.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] cralaw See Urgent Appeal/Petition for Immediate Suspension & Dismissal of Judge Emilia B. Legaspi, Regional Trial Court, Iloilo City, Br. 22, 405 SCRA 514 (2003).
[2] cralaw Lambino v. De Vera, 341 Phil. 42 (1997).
[3] cralaw Balsamo v. Suan, 411 SCRA 189 (2003).
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