595 Phil. 18
NACHURA, J.:
Presidential Proclamation No. 168 was issued by then President Diosdado Macapagal on October 3, 1963 (Record, pp. 23-24). The pertinent provision of which states that:Based on the foregoing, petitioner filed a verified complaint-affidavit[4] before the Ombudsman against the respondents together with Cesar Jonillo (Jonillo), Renato Rivera (Rivera), Mad Guaybar, Oliver Guaybar, Jonathan Guaybar, Alex Guaybar, Jack Guiwan, Carlito Flaviano III, Nicolas Ynot, Jolito Poralan, Miguela Cabi-ao, Jose Rommel Saludar, Joel Teves, Rico Altizo, Johnny Medillo, Martin Saycon, Arsenio de los Reyes, and Jose Bomez (Mad Guaybar and his companions), Gen. Jose Ramiscal, Jr. (Gen. Ramiscal), Wilfredo Pabalan (Pabalan), and Atty. Nilo Flaviano (Atty. Flaviano) (indicted) for violation of Paragraphs (e), (g) and (j), Section 3 of Republic Act (R.A.) No. 3019,[5] as amended, and for malversation of public funds or property through falsification of public documents.
do hereby withdraw from sale or settlement and reserve for recreational and health resort site purposes, under the administration of the municipality of General Santos, subject to private rights, if any there be, a certain parcel of land of the public domain situated in the said municipality and more particularly described as follows:
Mr-1160-D Municipal Reservation
The Municipal Government of General Santos Magsaysay Park
A parcel of land (as shown on plan Mr-1160-D) situated in the barrio of Dadiangas, Municipality of General Santos, province of Cotabato. x x x containing an area of 52,678 square meters.
On January 22, 1968, Republic Act No. 5412 (Record, pp. 25-26), known as the "Charter of the City of General Santos" was enacted creating the City of General Santos where it is provided that "The National Government hereby cedes to the City of General Santos the ownership and possession to all lands of the public domain within the city." Later, said Act was amended by Republic Act No. 6386 on August 16, 1971 (Record, pp. 27-28) wherein it read that "The disposition of all lands of the public domain within the city shall be in accordance with the provisions of Commonwealth Act Numbered One hundred forty-one, as amended: Provided, That all incomes and receipts derived from such disposition shall accrue exclusively to the city as provided in this Act."
On the other hand, the property subject of Presidential Proclamation No. 168 was thereafter subdivided into three lots, namely: Lot Y-1 with an area of 18,695 square meters, Lot X containing 15,020 square meters and Lot Y-2 with 18,963 square meters, or a total of 52,678 square meters which is still equivalent to the original area.
However, on February 25, 1983, former President Ferdinand E. Marcos issued Proclamation No. 2273 amending Proclamation No. 168 (Record, pp. 29-31), which provides that:do hereby exclude from the operation of Proclamation No. 168 dated October 3, 1963, which established the recreational and health resort reservation situated in the Municipality of General Santos, now General Santos City, Island of Mindanao, certain portions of the land embraced therein and declare the same open to disposition under the provisions of the Public Land Act, which parcels of land are more particularly described as follows:Thus, leaving only Lot X as that covered by Presidential Proclamation No. 168 and is therefore reserved for recreational and health resort site purposes.Lot Y-1, MR-1160-D
(Magsaysay Park)
A PARCEL OF LAND (Lot Y-1, MR-1160-D, Magsaysay Park) situated in the Municipality of General Santos, now General Santos City, Island of Mindanao. x x x containing an area of EIGHTEEN THOUSAND SIX HUNDRED NINETY-FIVE (18,695) SQUARE METERS. x x x
Lot Y-2, MR-1160-D
(Magsaysay Park)
A PARCEL OF LAND (Lot Y-2, MR-1160-D, Magsaysay Park) situated in the Municipality of General Santos, now General Santos City, Island of Mindanao. x x x containing an area of EIGHTEEN THOUSAND NINE HUNDRED SIXTY-THREE (18,963) SQUARE METERS. x x x
As a result of such exclusion, the Heirs of Cabalo Kusop applied for Free Patent with the District Land Office and consequently Certificates of Title were issued sometime in 1983. In 1984, two cases were filed by the local government of General Santos City against the said Heirs of Kusop for Declaration of Nullity of Titles and, on the other hand, the Heirs of Kusop filed a case against the said local government for Injunction and Damages. The said three cases were consolidated before the Regional Trial Court of General Santos City, Branch 22, presided by respondent Judge Abednego Adre.
On May 23, 1991, the Sangguniang Panlungsod of General Santos City passed Resolution No. 87, Series of 1991, entitled "Resolution Approving the Compromise Agreement to be entered into by and between the City Government of General Santos represented by the City Mayor and the Heirs of Cabalo Kusop, re: Magsaysay Park" (Record, pp. 1506-1507). Significant provisions of the said Compromise Agreement (Record, pp. 33-39) state that:Said Compromise Agreement was signed by respondent City Mayor Rosalita Nuñez, assisted by respondent Pepito Nalangan III, and the heirs and beneficiaries of Cabalo Kusop.
- The subject matter of this agreement are Lots Y-1, MR-1160-D and Y-2, MR-1160-D with combined area of THIRTY-SEVEN THOUSAND SIX HUNDRED FIFTY-EIGHT (37,658) SQUARE METERS, and from this the HEIRS AND BENEFICIARIES shall receive a total net area of TWENTY THOUSAND (20,000) SQUARE METERS and to the CITY shall pertain the remainder of SEVENTEEN THOUSAND SIX HUNDRED FIFTY-EIGHT (17,658) SQUARE METERS which if added to Lot X, MR-1160-D, previously donated to the CITY as stated in par. 7 of the WHEREAS clause, with an area of FIFTEEN THOUSAND AND TWENTY (15,020) SQUARE METERS (located in between Lots Y-1 and Y-2), the CITY shall retain a total area of THIRTY TWO THOUSAND SIX HUNDRED SEVENTY-EIGHT (32,678) SQUARE METERS.
As a consequence of the said Compromise Agreement, respondent Judge Abednego Adre issued an Order (Record, pp. 40-52), covering the three pending cases, on May 6, 1992, the dispositive portion of which states:ACCORDINGLY, finding the foregoing "Compromise Agreement" in conformity with Article 6 in correlation with Article 1306 of the Civil Code of the Philippines, the same is hereby APPROVED and ADOPTED as judgment in these cases. The parties are enjoined to faithfully comply therewith.A Writ of Execution was accordingly issued on November 28, 1995.
However, on July 22, 1997, acting upon the "Motion for Exclusion of an Extraneous Subject from the Coverage of the Judgment thereof" and the "Motion for Issuance of Clarificatory Order" submitted by the Heirs of Cabalo Kusop and jointly by CENR Officer and Regional Technical Director of DENR, respectively, respondent Judge issued another Order [assailed RTC Order] (Record, pp. 53-59) in the above-cited three cases, stating that:
ACCORDINGLY, based on all the foregoing facts, law and jurisprudence, the motion for exclusion of Lot X, MR-1160-D comprising an area of 15,020 SQUARE METERS is GRANTED. The movants heirs of Kusop are, however, enjoined to donate to the City of General Santos in keeping with the intent and spirit of the compromise agreement.
On July 23, 1997, the following private respondents applied for Miscellaneous Sales Patent over portions of Lot X, to be divided as follows (refer to affidavits, Record, pp. 60-75):
Applicants Area applied 1. Mad Guaybar - 999 sq. m.; 2. Oliver Guaybar - 999 sq. m.; 3. Jonathan Guaybar - 999 sq. m.; 4. Alex Guaybar - 999 sq. m.; 5. Jack Guiwan - 999 sq. m.; 6. Nicolas Ynot - 999 sq. m.; 7. Carlito Flaviano III - 999 sq. m.; 8. Jolito Poralan - 999 sq. m.; 9. Miguela Cabi-ao - 999 sq. m.; 10. Jose Rommel Saludar - 999 sq. m.; 11. Joel Teves - 999 sq. m.; 12. Rico Altizo - 999 sq. m.; 13. Johnny Medillo - 999 sq. m.; 14. Martin Saycon - 999 sq. m.; 15. Arsenio delos Reyes, Jr. - 510 sq. m.; and, 16. Jose Bomez - 524 sq. m.
The following day, July 24, 1997, public respondent Cesar Jonillo, as Deputy Land Management Inspector, recommended for the approval of the survey authority requested by the above-named private respondents for Lot X (Record, p. 418).
Within the same day, the Survey Authority was issued to private respondents by public respondent CENR Officer Renato Rivera (Record, p. 419). As a result of which, Lot X was subdivided into 16 lots (refer to subdivision plan, Record, p. 32).
On August 2, 1997, respondent City Mayor Rosalita T. Nuñez, assisted by respondent City Legal Officer Pedro Nalangan III issued 1st Indorsements (refer to application documents, Record, pp. 421-500) addressed to CENRO, DENR for portions of Lot X applied by private respondents and stated therein that "this office interposes no objection to whatever legal proceedings your office may pursue on application covering portions thereof after the Regional Trial Court, General Santos City, Branch 22 excluded Lot X, MR-1160-D from the coverage of the Compromise Judgment dated May 6, 1992 per said court's order dated July 22, 1997."
Thereupon, public respondents Cesar Jonillo and City Assessor Leonardo Dinopol, together with recommendation for approval from respondent Rivera, submitted an appraisal of lots X-1 to X-16 stating therein the appraisal amount of P100.00 per square meter and existing improvements of residential light house per lot with an appraised value ranging from P20,000.00 to P50,000.00 (refer to application papers, Record, pp. 421-500).
Subsequently, on August 4, 1997, respondent Cesar Jonillo prepared a letter-report addressed to the Regional Executive Director of DENR for each of the sixteen (16) applicants recommending for the private sale of the subject lots to the above-named applicants-respondents, without public auction (refer to sample letter-report of recommendation in favor of Rico Altizo, Record, p. 77). Respondent CENR Officer, Renato Rivera, also issued recommendation letters for each of the sixteen applicants addressed to the PENR Officer for the approval of the appraisal of the subject lots and of the private sale (please refer to sample recommendation letter in favor of Rico Altiz[o], Record, p. 78).
A notice of sale was issued by respondent Julio Diaz also on the same date stating therein that on September 5, 1997 the subject lot/s will be sold (Record, p. 79).
On September 18, 1997, the following Certificates of Titles were issued by the Register of Deeds of General Santos City, respondent Asteria Cruzabra, which titles were also signed by respondent Augustus Momongan, as DENR Regional Executive Director, to wit:
Name of Owner OCT No. Lot No. Record
Page No.1. Mad Guaybar P-6393-A X-1 80-82; 2. Oliver Guaybar P-6392 X-2 83-85; 3. Jonathan Guaybar P-6389-A X-3 86-88; 4. Alex Guaybar P-6393 X-4 89-91; 5. Jack Guiwan P-6399 X-5 92-94; 6. Nicolas Ynot P-6388-A X-6 95-97; 7. Carlito Flaviano III P-6389 X-7 98-100; 8. Jolito Poralan P-6391 X-8 101-103; 9. Miguela Cabi-ao P-6392-A X-9 104-106; 10. Jose Rommel Saludar P-6388 X-10 107-109; 11. Joel Teves P-6396 X-11 110-112; 12. Rico Altizo P-6395 X-12 113-115; 13. Johnny Medillo P-6390 X-13 116-117; 14. Martin Saycon P-6394-A X-14 118-120; 15. Arsenio delos Reyes P-6395-A X-15 121-123; 16. Jose Bomez P-6394 X-16 124-127.
Sometime on September 24 and 25, 1997, except for lots X-6, X-7, X-15 and X-16, the above-named registered owners sold their lots, through their attorney-in-fact, respondent Atty. Nilo Flaviano, to the AFP-Retirement and Separation Benefits System (AFP-RSBS) in the amount of Two Million Nine Hundred Ninety-Seven Thousand Pesos (P2,997,000.00) per 999 sq. m. lot (Record, pp. 127-150). Then, Transfer Certificate of Title Nos. T-81051 to 81062 were issued in the name of the vendee on September 25, 1997 (Record, pp. 151-173).
On the other hand, the registered owners of lot numbers X-6 and X-7 executed a Deed of Exchange with AFP-RSBS, represented by respondent Jose Ramiscal, Jr., consenting to the exchange of lots X-6 and X-7 with lots Y-1-A-1 and Y-1-A-2, respectively, the latter two lots being owned by AFP-RSBS (Record, pp. 175-178). While lots X-15 and X-16 were exchanged with one office unit or condo unit to be given or ceded to respondent Nilo Flaviano (Record, pp. 179-182).[3]
WHEREFORE, PREMISES CONSIDERED, this Office finds and so holds that the following crimes were committed and that respondents, whose names appear below, are probably guilty thereof:On February 4, 2000, petitioner filed a Motion for Reconsideration which was, however, denied by the Ombudsman in his Order[7] dated April 26, 2000. The Ombudsman held that since the criminal Informations were already filed against the aforementioned indicted and the cases were already pending before the Sandiganbayan and the regular courts of General Santos City, the Ombudsman had lost jurisdiction over the said case.Let the herein attached Informations against aforementioned respondents be filed with the proper courts.
- CESAR JONILLO - sixteen (16) counts of Falsification of public document to the sixteen (16) recommendation reports submitted;
- RENATO RIVERA - sixteen (16) counts of Falsification of public document relative to the sixteen (16) reports submitted, all dated August 4, 1997;
- MAD GUAYBAR, OLIVER GUAYBAR, JONATHAN GUAYBAR, ALEX GUAYBAR, JACK GUIWAN, CARLITO FLAVIANO III, NICOLAS YNOT, JOLITO PORALAN, MIGUELA CABI-AO, JOSE ROMMEL SALUDAR, JOEL TEVES, RICO ALTIZO, JOHNNY MED[I]LLO, MARTIN SAYCON, ARSENIO DE LOS REYES, and JOSE BOMEZ in conspiracy with public respondents CESAR JONILLO and RENATO RIVERA- one (1) count each for private respondents and sixteen (16) counts each for public respondents for violation of Section 3(e) of RA 3019;
- JOSE RAMISCAL, JR., WILFREDO PABALAN, NILO FLAVIANO - as conspirators for twelve (12) counts of falsification of public documents relative to the twelve (12) unilateral Deeds of Sale;
- MAD GUAYBAR, OLIVER GUAYBAR, JONATHAN GUAYBAR, ALEX GUAYBAR, JACK GUIWAN, JOLITO PORALAN, MIGUELA CABI-AO, JOSE ROMMEL SALUDAR, [J]OEL TEVES, RICO ALTIZO, JOHNNY MEDILLO, MARTIN SAYSON - one (1) count each as conspirator in the falsification of public document relative to the corresponding unilateral Deed of Sale executed by their agent in their behalf;
- JOSE RAMISCAL, JR., WILFREDO PABALAN and NILO FLAVIANO - twelve (12) counts of violation of section 3(e) of RA 3019 for short-changing the government inn the correct amount of taxes due for the sale of Lot-X to AFP-RSBS; and
- MAD GUAYBAR, OLIVER GUAYBAR, JONATHAN GUAYBAR, ALEX GUAYBAR, JACK GUIWAN, JOLITO PORALAN, MIGUELA CABI-AO, JOSE ROMMEL SALUDAR, [J]OEL TEVES, RICO ALTIZO, JOHNNY MEDILLO, MARTIN SAYSON - one (1) count each of violation of section 3(e) of RA 3019 as conspirator in short-changing the government in the payment of taxes for the sale of Lot-X to AFP-RSBS.
Charges against respondents ROSALITA NUÑEZ, AUGUSTUS MOMONGAN, ABEDNEGO ADRE, ASTERIA CRUZABRA, PEDRO NALANGAN III, JULIO DIAZ and AGAPITO BORINAGA are hereby DISMISSED, without prejudice to the filing of criminal cases against private respondents, for offenses committed not in conspiracy with the herein public respondents, by the proper parties-in-interest.
SO RESOLVED.[6]
THE OMBUDSMAN COMMITTED GRAVE ABUSE OF DISCRETION, AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION IN THE EXERCISE OF HIS PROSECUTORY FUNCTIONS, BY DISMISSING THE CHARGES AGAINST THE RESPONDENTS DESPITE CLEAR AND CONVINCING EVIDENCE OF DIRECT PARTICIPATION AND INVOLVEMENT IN THE CONSPIRACY TO CHEAT AND DEFRAUD THE CITY GOVERNMENT OF GENERAL SANTOS CITY THROUGH THE ILLEGAL DISPOSITION OF LOT X OF THE MAGSAYSAY PARK IN VIOLATION OF LAW AND ITS CHARTER.[8]Petitioner avers that the Ombudsman ignored substantial evidence pointing to the existence of a conspiracy among all the respondents and those indicted, which led to the illegal and fraudulent disposition of Lot X of the Magsaysay Park. To prove her claim of a grand conspiracy, petitioner outlines the individual participation, cooperation and involvement of each respondent, as follows:
SEC. 27. Effectivity and Finality of Decisions. — (1) All provisionary orders of the Office of the Ombudsman are immediately effective and executory.Other than the statement of material dates wherein petitioner claimed that she received through counsel the assailed Resolution of the Ombudsman on January 21, 2000, she failed to establish that her Motion for Reconsideration was indeed filed on time, and thus, failed to refute the assertion of the respondents based on the aforementioned Certification that petitioner was personally served a copy of the assailed Resolution on February 24, 1999. There are a number of instances when rules of procedure are relaxed in the interest of justice. However, in this case, petitioner did not proffer any explanation at all for the late filing of the motion for reconsideration. After the respondents made such allegation, petitioner did not bother to respond and meet the issue head-on. We find no justification why the Ombudsman entertained the motion for reconsideration, when, at the time of the filing of the motion for reconsideration the assailed Resolution was already final.
A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman must be filed within five (5) days after receipt of written notice and shall be entertained only on any of the following grounds:
(1) New evidence has been discovered which materially affects the order, directive or decision;
(2) Errors of law or irregularities have been committed prejudicial to the interest of the movant. The motion for reconsideration shall be resolved within three (3) days from filing: Provided, That only one motion for reconsideration shall be entertained.
Grave abuse of discretion exists where a power is exercised in an arbitrary, capricious, whimsical or despotic manner by reason of passion or personal hostility so patent and gross as to amount to evasion of positive duty or virtual refusal to perform a duty enjoined by, or in contemplation of law.[26]
- When necessary to afford adequate protection to the constitutional rights of the accused;
- When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions;
- When there is a prejudicial question that is sub judice;
- When the acts of the officer are without or in excess of authority;
- Where the prosecution is under an invalid law, ordinance or regulation;
- When double jeopardy is clearly apparent;
- Where the court has no jurisdiction over the offense;
- Where it is a case of persecution rather than prosecution;
- Where the charges are manifestly false and motivated by the lust for vengeance;
- When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied.
Hence, without ruling on the validity of the titles, this Office is constrained to limit its evaluation of the issue on the participation of each respondent in the titling of Lot X, whether the same would constitute a violation of RA 3019 and/or other illegal acts.Indeed, while the Ombudsman's discretion in determining the existence of probable cause is not absolute, nonetheless, petitioner must prove that such discretion was gravely abused in order to warrant the reversal of the Ombudsman's findings by this Court. In this respect, petitioner fails.[28]
1. Respondent Abednego Adre - His participation extends only to his issuance of an Order excluding Lot-X from the coverage of the Compromise Agreement.
A review of the terms and conditions of the subject Compromise Agreement confirms the Order of the respondent that indeed Lot X was excluded. The Order of respondent judge was made in accordance with the facts of the case. It is even noteworthy that respondent judge assisted in preserving the claim of the government of General Santos City over Lot X by enjoining the donation of said property by the private respondents.
2. Respondents Nuñez and Nalangan - Said respondents' participation in the titling of Lot-X was when they issued or caused the issuance of Indorsements stating therein that "this office (Office of the Mayor) interposes no objection to whatever legal proceedings your (CENRO) office may pursue on the application covering portions thereof (Lot-X)."
The contents of the Indorsements, as quoted above, cannot be construed as a waiver on the part of General Santos City on its claim over Lot-X. On the contrary, it has given DENR the authority to take the necessary legal proceedings relative to the titling of the property. Moreover, it should be taken into account that DENR has the responsibility, authority and the power to grant alienable and disposable lands to deserving claimants.
Based on these circumstances, there is no evidence to prove that respondents Nuñez and Nalangan gave unwarranted benefit to the claimants by issuing said Indorsements. In fact, they protected the interest of the government over Lot-X by immediately filing a case for nullification of titles upon knowing of the issuances thereof.
x x x x
[5.] Public respondents Julio C. Diaz, Agapito Borinaga, Augustus L. Momongan, Asteria E. Cruzabra - Based on the evidences on record, these respondents were in the regular performance of their official functions. Their participation in the titling of Lot-X was due to the fact that the documents for titling were submitted to their respective offices as a matter of course, and there is nothing that they can do but to follow the established procedure upon finding that all the documents for titling were submitted.[27]
(1) The accused is a public officer or a private person charged in conspiracy with the former;Thus, in order to be held guilty of violating Section 3(e), R. A. No. 3019, the act of the accused that caused undue injury must have been done with evident bad faith or with gross inexcusable negligence. Bad faith per se is not enough for one to be held liable under the law; bad faith must be evident. Bad faith does not simply connote bad moral judgment or negligence. There must be some dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of a sworn duty through some motive or intent or ill will. It partakes of the nature of fraud. It contemplates a state of mind affirmatively operating with furtive design or some motive of self-interest, or ill will for ulterior purposes. On the other hand, gross negligence is characterized by the want of even slight care, acting or omitting to act in a willful or intentional manner displaying a conscious indifference to consequences as far as other persons may be affected.[30]
(2) The said public officer commits the prohibited acts during the performance of his or her official duties, or in relation to his or her public functions;
(3) That he or she causes undue injury to any party, whether the government or a private party;
(4) Such undue injury is caused by giving unwarranted benefits, advantage or preference to such parties; and
(5) That the public officer has acted with manifest partiality, evident bad faith or gross inexcusable neglect.[29]