REPUBLIC OF THE PillLIPPINES

SANDIGANBA VAN
Quezon City

Third Division

PEOPLE OF THE PHILIPPINES, Crim Case No.

Plaintiff, SB-17-CRM-1411
For: Violation of Section 3(e) of
Republic Act No. 3019

SB-17-CRM-1412
-versus- For: Falsification of Public Document
under Art. 171 (6) of the Revised Penal
Code

Present:
Cabotaje- Tang, J, Chairperson
JUANITO K. AMPAGUEY, Fernandez, B., J and
Accused. Moreno, J

-.
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DECISION
Moreno, J.:

Accused Juanito Kibatay Ampaguey is charged with violation of Section 3

(e) of Republic Act (R.A.) No. 3019, as amended, or otherwise known as the Anti-
Graft and Corrupt Practices Act and Falsification of Public Document under
171(6) of the Revised Penal Code (RPC). The Informations read as follows:

SB-17-CRM-1411

That on 21 July 2004 or sometime prior or subsequent thereto, in

the City of Baguio, Philippines, accused, JUANITO KIBATAY
AMPAGUEY, a public officer, being then the Register of Deeds of Baguio
City, taking advantage of his official position and in relation thereto,
while in the discharge of his official functions, with deliberate intent,
manifest partiality, evident bad faith or gross inexcusable negligence, did
then and there wilfully, unlawfully, and feloniously give unwarranted
benefits, advantage or preference to ELPIDIO DEMATERA and NENITA
DEMATERA, by allowing, consenting, agreeing and/or assenting to the
intercalation or insertion of an unlawful entry in TCT No. T-83076,
registered under the name of ELPIDIO DEMATERA and NENITA
DEMATERA stating therein that they have an approved application 7r IfJ
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validation on the lot covered by TCT No. T-83076 pursuant to PD No.

1271, when in fact there is none, and by certifying in the said document
that such intercalation or entry was previously recorded on TCT No. T-
16121, the previously cancelled title of the property, when in truth and in
fact it was not, making it appear therein that ELPIDIO DEMATERA and
NENITA DEMATERA are entitled to the benefits accorded by PD No.
1271 even if they are not qualified and entitled to the same, to the damage
and prejudice of the public.

CONTRARY TO LAW

SB-17-CRM-1412

That on 21 July 2004 or sometime prior or subsequent thereto, in

the City of Baguio, Philippines, accused, JUANITO KIBATAY
AMPAGUEY, a public officer, being then the Register of Deeds of Baguio
City, taking advantage of his official position and in relation thereto,
while in the discharge of his official functions, with deliberate intent,
manifest partiality, evident bad faith or gross inexcusable negligence, did
then and there wilfully, unlawfully, andfeloniously falsify TCT No. T-8306
registered under the name of ELPIDIO DEMATERA and NENITA
DEMATERA, by intercalating or inserting a falsified entry in TCT No. T-
83076, a genuine document, by stating therein that there was an approved
validation application (No. 4788) filed relative to the subject lot pursuant
to Presidential Decree No. 1271, thereby changing its meaning to
something false, and by making in the said document untruthful statements
in a narration of facts by certifying that the annotation intercalated or
inserted existed in the previous Certificate of Title No. T-16121 when in
fact it did not, thereby causingfalsity therein, to the damage and prejudice
of the public.

CONTRARY TO LAW

Accused was arraigned on December 8, 2017 and he pleaded not guilty to

the charges against him. 1

During the Pre- Trial on May 4, 2018, the parties stipulated on the following
facts, as reflected in the Pre- Trial Order':

ADMITTEDIPROPOSED STIPULATIONS
A. Prosecution

1. That accused Juanito Kibatay Ampaguey is the same person named

and arraigned in the Information docketed as SB-17-CRM-1411 and
SB-17-CRM-1412;

2. That at the time material to the instant cases, accused Juanito

Kibatay Ampaguey was a public officer holding the position of
Register of Deeds of the Registry of Deeds for Baguio City; ain

2 [bid at 227-232
r= A
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3. That the Registry of Deeds for Baguio City issued the following
Transfer Certificates of Title (TCT):

a. Transfer Certificate of Title No. 15173, dated July 1, 1969;

b. Transfer Certificate of Title No. 16121, dated 28 January 1970;
and
c. Transfer Certificate of Title No. 83076, dated 21 July 2004.

B. Accused Juanito Kibatay Ampaguey

1. That accused Juanito K. Ampaguey admits his identity; and

2. That accused Juanito K. Ampaguey was the Register of Deeds of

Baguio City as of July 21, 2004 when TCT No. Title No. 83076 was
issued in the name of Spouses Elpidio Dematera and Nenita
Dematera, both of legal age, Filipinos and residents of 10-J Arellano
St., Industrial Valley, Marikina City.

EVIDENCE FOR THE PROSECUTION

The prosecution presented testimonial evidence consisting of the

testimonies of Frederick Albert Anthony C. Cortes, Edgardo S. Flor, Henry M.
Mayangao, and Agusta A. Allatiw.

Frederick Albert Anthony C. Cartes' is the Records Officer of the

Registry of Deeds of Baguio City. During the hearing, he offered the
following matters for stipulation to the defense:

1. That the witness is the Records Officer of the Registry of Deeds

for the City of Baguio;
2. That the Registry of Deeds of the City of Baguio has custody of
the original copies of the following:

a. Transfer Certificate of Title No. 15173 registered in

the name of Mauro Leonen which was entered in the
Registration Book on July 1, 19694;
b. Transfer Certificate of Title No. 16121 registered in
the name of Constancio Maglana married to
Leodegaria Maglana which was entered in the
Registration Book on 28 January 19705;
c. Transfer Certificate of Title No. 83076 registered in
the name of Spouses Elpidio Dematera and Nenita
Dematera which was entered in the Registration
Book on July 21,20046; and
d. Deed of Donation between Constancia Maglana and
Spouses Elpidio and Nenita Dematera referred to i"f
-3 T-S-N-d-a-te-d-Ju-,y-2-6-, 2-0-'-8 --- / /?Ai)
4 Exhibit B
5 Exhibit C
6 Exhibit E

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the Memorandum of Encumbrance in TCT No. T-

161217

He produced the original copies of the above documents and showed

to the defense photocopies of which. The defense stipulated that they are
faithful reproductions of the originals. The witness further offered the
following matters for stipulation to the defense:

1. That the Registry of Deeds for the City of Baguio issued

TCTNo. T-15173, 16121, and T-83076; and
2. The authenticity of the said TCTs.

These were admitted by the defense.

Edgardo S. Flor, through his Judicial Affidavit", stated that he is

holding the position of Development Management Officer (DMO) III of the
Department of Environment and Natural Resources Office of Baguio City
(CENRO-Baguio). In 2013, he was then the Officer-in-Charge (OIC) of
CENRO-Baguio. As OIC-CENRO, he exercised general supervision over
the Office of the CENRO-Baguio City and performed the following duties
and functions:

a. Act on all correspondence such as letters and referrals received

by their office;
b. Direct the section chiefs and land investigators to act on requests
for investigation involving all public land applications within
their area of jurisdiction;
c. Conduct final review of reports and documents in connection
with public land applications including application for validation
under Presidential Decree 1271;
d. Administer oath on all investigation and inspection reports related
to public land applications including application for validation;
e. Perform other duties as may be assigned from time to time.

He received a Subpoena in connection with this case, directing him

to appear before the Office of the Special Prosecutor and bring copies of the
Investigation Report dated May 9 2013 prepared by Henry Mayangao and
the Certification dated 18 January 2013. Upon his receipt of the Subpoena,
he asked his staff to verify from their records the said documents and he
was provided with photocopies thereof. He presented certified photocopy of
the following documents:

a) Investigation Report dated 9 May 2013 prepared by Henry

Mayangao relative to the conduct of investigation on the alleged
validation ofTCT No. 16121 ofConstancio Maglana; and

b) Certification dated 18 January 2013 issued by OIC-CENR Officer

Edgardo S. Flor relative to the application for validation of TCT
No. 16121 under VA (B) No. 4787'

8
Exhibit E
Records, pp. 273-279
/? ~0 ,.

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Upon comparing them with "Ex. A-5" and "Ex. A-9" of the
prosecution, he confirmed that they are the same and that the original
copies thereof are in the official files of CENRO-Baguio City.

He further stated that Henry Mayangao in the Investigation Report

marked as "Ex. A-9" is the Land Management Officer deputized as Public
Land Inspector in CENRO-Baguio City. He also identified the signature
above the name "Edgardo S. Flor" both in "Ex. A-5" and "Ex. A-9" as his.
He issued the Certification dated 18 January 2013 as there was a written
request from a certain Cynthia Tagtag for a certification on whether
Constancio B. Maglana and Sps. Dematera filed an application for
validation. He referred the matter to the records officer for verification of
the records and the preparation of the needed certification. Upon verifying
the records, they found that Constancio B. Maglana and Sps. Dematera did
not file an application for validation involving TCT No. 16121 and TCT
No. 83076. The application for validation is a requirement under
Presidential Decree (P.D.) 1271, mandating all title holders covered by
GLRO No. 211, a civil registration case for the settlement of claims to
private land within the Baguio Townsite Reservation, to file an application
for validation. The subject matter of the validation is the Certificates of
Title pursuant to the Decision of the Court of First Instance of Baguio City
involving Civil Registration Case No. 1, GLRO Record No. 211. The
validation is conducted by checking the documents of the applicant and
conducting site inspection and investigation. Thereafter, the CENRO will
forward the application records together with their recommendation to the
Land Management Bureau for final review and preparation of Resolution to
be issued by the Committee on validation. The Resolution confirms and
approves the application for validation pursuant to P.D. 1271 and validates
the Certificate of Title of the applicant. The Resolution will be forwarded to
the Register of Deeds and other concerned offices for annotation in the
Certificate of Title. After annotation, the Certificate of Title will now be
considered as valid and binding.

Since there was no application for validation for both TCT No.
16121 and TCT No. 83076, the annotation in TCT No. 83076 has no basis
and there was no Resolution issued validating the said title.

On cross-examination", he said that he is not aware of any complaint

filed pertaining to the Title of Constancio B. Maglana and Sps. Dematera.
When asked if it is necessary that an application for validation be filed
before TCT No. T-16121 and TCT No. T-83076 be issued or validated, he
said that it is necessary especially in cases involving GLRO No. 211. This
is based on P.D. 1271, mandating all titles issued under Civil Registration
Case No. 1 GLMO No. 211 issued by Judge Pio Marcos of then Court of
First Instance (CFI) be applied for validation. This is based on the Supreme
Court ruling mandating that all titles issued within the City of Baguio
covering these 211 cases be applied for validation before the Bureau of
Lands, now DENR-CENRO. He said that TCT No. T-16121 in the name of
Constancio B. Maglana was issued based on court proceedings. The lowe)

'TSN dated August 28, 2018 fs ~

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part of the Title says "Page 11 as Original Certificate of Title No. 0-211
pursuant to Presidential Decree 118510, LRC Civil Reservation Case No.
1, Record No. 211". As far as their office is concerned, this is the basis why
the Derivative Titles are being invalidated by the DENR. He was asked if
his office is in possession of that court record or decision pertaining to TCT
No. T-16121 which would tell or show that before it would be issued, it
should be covered by an application for validation. He answered that their
basis is Presidential Decree 1271 as it discusses all pertinent information
regarding title issued under 211 cases. This P.D. 1271 is a Civil
Registration Case for settlement of claims of private lands within the
Baguio Townsite Reservation. This only covers the City of Baguio which
has been declared as Townsite Reservation. P.D. 1271 was cropped up from
a Decision issued by then CFI Judge Pio Marcos titling about one-fifth
(115) of the City of Baguio through judicial proceedings. It was opposed by
the Bureau of Lands stating, among others, that only the Bureau of Lands
has jurisdiction to title public lands within the City of Baguio. It went up to
the Supreme Court which ruled that these 211 titles issued by then Judge
Pio Marcos has no authority considering that Baguio has been reserved as a
Townsite Reservation so it is only the Bureau of Lands who has the
authority or capacity to title public lands within the City of Baguio. In other
words, the Supreme Court nullified the decision of Judge Pio Marcos
because according to it, he has no authority to order the registration of those
parcels of land in the name of individuals who were able to secure titles.
After that Supreme Court Decision came P.D. 1271 to address the concerns
of the title holders. They were given a chance to validate their titles that is
why there was a requirement of a petition for validation.

TCT No. T-16121 was nevertheless issued by the Registry of Deeds

of Baguio City on 28 January 1970. There is no record or file in the DENR
or the CENRO questioning this Title. All titles issued subsequent thereto,
like TCT No. T-83076, do not have any record or file in their office
questioning the same based on P.D. 1271. Of his knowledge, Cynthia
Tagtag has not filed any case or complaint invoking P.D. 1721.

Henry M. Mayangao, through his Judicial Affidavit!", stated that he

is holding the position of Land Management Officer II of the DENR-
Cordillera Administrative Region (DENR-CAR). In 2014, he was then the
deputized Public Land Inspector of the Community Environment and
Natural Resources Office of Baguio City (CENRO-Baguio). As deputized
Public Land Inspector, he performed the following functions:

a. Conduct public land investigation of townsite sales application,

free patent application and application for validation pursuant to
P.D. 1271;
b. Examine documents in connection with the various public land
applications;
c. Administer oath on all public land applications;
d.

\0 Records, pp. 254-261

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He received a Subpoena in connection with this case, directing him

to appear before the Office of the Special Prosecutor and bring a copy of
the Investigation Report dated May 9, 2013. Upon receipt of the subpoena,
he went to the records office of CENRO-Baguio City to get a copy of his
report. He was provided with a Certified Photocopy thereof. He presented a
certified photocopy of the Investigation Report dated May 9, 2013 which he
prepared relative to the conduct of investigation on the alleged validation of
TCT No. T-16121 of Cons tan cia Maglana. He said that the original copy of
said report is in the official files of CENRO-Baguio City. He identified the
signature above the name "Mr. Henry M. Mayangao" therein as his. He
con finned the truthfulness and veracity of the said Investigation Report.
He, however, made a correction of the year appearing thereon, from "May
9, 2013" to "May 9, 2014". He made the Report as directed by then OIC-
CENRO Edgardo S. Flor to conduct an investigation relative to the letter of
Cynthia Tagtag, requesting for the conduct of investigation on the alleged
validation ofTCT No. T-16121 of Cons tancia Maglana. He looked into the
files of VA(B) No. 4788, the docket number given to a particular
application for validation, and TCT No. T-16121. He found out that VA(B)
No. 4788 refers to the application for validation of a certain Montano
Ramos!'. Also, upon looking into the records of TCT No. T-16121, he
found out that there was no application for validation filed by a certain
Constancio B. Maglana involving TCT No. T-16121. He discovered a
Certification issued by OIC-CENRO Edgardo S. Flor, attesting that Mr.
Constancio B. Maglana has not filed an application for validation of TCT
No. T-16121 under VA(B) No. 4788.

In the second page of his Investigation Report, the witness

mentioned that attached to the letter of Cynthia Tagtag were the
Certification allegedly issued on June 20, 2003 by Teodoro S. Snaking",
retired Land Management Oficer III of CENRO-Baguio City and the Letter
dated September 11, 2008 signed by then CENRO Officer Godfrey L.
Cawis 13. His office, however, has no file copies available on record. Both
documents made it appear that Mr. Constancio Maglana has filed an
application for validation. He showed the documents to Mr. Suaking and
Mr. Cawis and they denied that the signatures appearing above their names
are theirs. Upon the request of the witness, Mr. Suaking and Mr. Cawis
issued a Certification stating that their signatures appearing in the
documents are not theirs!".

On cross-examination 15, he testified that he does not personally

know Cynthia Tagtag. He met her only when she went to their office to
follow up her letter-request concerning Title No. 16121. Before having met
Cynthia Tagtag, then CENRO Edgardo Flor directed him to conduct the
investigation relative to her letter-request. He did not ask who Cynthia
Tagtag was.

/7
11
12
Exhibit H
Exhibit 1-1
fib
13 Exhibit J-l
14 Exhibits I and J
15 TSN dated October 1, 2018

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Upon his receipt of the letter-request, he looked into the records to

verify the requested documents and if there was an application for
validation that was filed. He investigated on whether there was an
application for validation of Constancio Maglana, as per request of Cynthia
Tagtag. He did not find any application from the records. Instead, he found
out that it was Montano Ramos, and not Constancio Maglana, who filed an
application for validation. In fact, there was no application for validation
under the name of Constancio Maglana. The validation application of
Ramos has no relation at all with Constancio Maglana. What he was
looking into was the application for validation being requested as for VA
4788 which was in the name of Montano Ramos and not Maglana, and it
was indicated in the request of Cynthia Tagtag that title No. 16121 in the
name of Constancio Maglana was the one being pertained to by the
application for validation VA 4788.

He said that the title of Constancio Maglana needs to be validated

because it is under the 211 titles in P.D. 1271, mandating that all titles
under the GLRO Record 211 shall apply for validation. The title of
Maglana came from the title of Mauro M. Leonen, whose title was issued
on July 1969 and out of Original Certificate of Title No. 0-211. He said that
the title of Constancio Maglana falls under the requirement in P.D. 1271
because it was issued on or before 1973.

The witness has no knowledge if there is any action taken against the
title of Constancio Maglana. Their office did not take any action to file a
complaint against the title of Constancio Maglana.

Agusta A. Allatiw, through her Judicial Affidavit!", stated that she is

employed as Administrative Officer I (Records Officer) of the Records Unit
of the DENR-CENRO, Baguio City since the first working day of May
2017. As Administrative Officer I (Records Officer), her most important
functions include record-keeping, endorsement of records, drafting of
certifications relating to official records, and exercising official custody
over the records of the DENR-CENRO Baguio City.

She received a Subpoena in connection with this case, directing her

to appear before the prosecutor and to bring originals/official documents on
file, as well as certified true copies of the Application for Validation of
Certificate of Title No. VA (B) 4788 and the Certification dated 18 January
2013 signed by Edgardo S. Flor. Upon her receipt of the subpoena, she
retrieved the documents listed therein and she prepared certified true copies
of the same.

She described the Application for Validation of Certificate of Title

No. VA(B) 4788 as the official document on file with the DENR-CENRO
Baguio City. With it is a certified true copy of the same document'? The
Certification dated 18 January 2013 signed by Edgardo S. Flor is the
official document on file with the DENR-CENRO Baguio City. With it is ~

16 Records, pp. 308-3 \3

" Exhibit H
/ /7
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certified true copy of the same document". She claimed that the signatures
appearing above the name "Agusta A. Allatiw" in the certified true copies
of the Application for Validation of Certificate of Title No. VA(B) 4788
and the Certification dated 18 January 2013 are hers.

On cross-examination 19, she presented the original of the

Application for Validation of Certificate of Title No. VA (B) 4788 and
certified true copy of the same for comparison with the defense. The
defense counsel admitted that the certified photocopy is a faithful
reproduction of the duplicate original copy. The witness also presented the
document on file and the certified photocopy of the Certification dated 18
January 2013 signed by Edgardo S. Flor and the defense counsel said that it
is a faithful reproduction of the original copy.

When asked if in her position and capacity as Records Officer, she

found any record of complaint filed by a certain Montano G. Ramos or
against Constancio Maglana, she said that she does not recall.

After the above witnesses testified, the prosecution offered the following
documentary exhibits:

Exhibit "A-5" - Certified copy of Certification dated 18 January 2013 signed by

Edgardo S. Flor of the DENR-CENRO, Baguio City
Exhibit "A-9" - Certified copy of the Letter signed by Deputy Public Land
Inspector Henry M. Mayangao and addressed to the CENR
Officer of Baguio City
Exhibit "B" - Copy of TCT No. T-15173
Exhibit "C" - Copy of TCT No. T-16121
Exhibit "C-l" - Entry No. 29187-35-15 dated 21 July 2004, 11: 15 a.m.
Exhibit "C-2" - Name and signature of accused Ampaguey below Entry No.
29187-35-15
Exhibit "0" - Deed of Donation dated 19 July 1973
Exhibit "E" - Copy ofTCT No. T-83076
Exhibit "E-l" - Signature of accused Ampaguey attesting to the entry of the title
to the Registry of Deeds of Baguio City
Exhibit "E-2" - Certification which reads: "I hereby certify that the foregoing is
a true and exact copy of the annotation of encumbrances existing
in the previous Transfer Certificate of Title No. T-16121
Exhibit "E-3" - Name and signature of accused Ampaguey below the
Certification
Exhibit "H" - Certified copy of Application for Validation of Certificate of
Title VA (B) No. 4788
Exhibit "[" - Certified copy of Certification dated 22 April 2014 signed by
Teodoro S. Suaking
Exhibit "1-\" - Copy of Certification dated 20 June 2003 signed by Teodoro S.
Suaking
Exhibit "J" - Certified copy of Certification dated 22 April 2014 signed by
Teodoro S. Suaking
Exhibit "J-1" - Copy of Letter dated 11 September 2008 signed by Godfrey L.
Cawis

18 Exhibit A-5
19 TSN, October 29,2018
20 Records, p. 381

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EVIDENCE FOR THE DEFENSE

Evidence for the defense consists of the testimony of the accused.

He testified through his Judicial Affidavit" that he knows Elpidio
Dematera and Nenita Dematera. He recalled that during his stay as the
Register of Deeds of Baguio City, his office issued to them a land title -
TCT No. T-8307622. The said land title was issued to the Demateras based
on the Deed of Donation executed on July 19, 1973 between Constancio A.
Maglana and Sps. Elpidio Dematera and Nenita Dematera. After the
issuance of TCT No. T-83076 on July 21, 2004, nothing that he knew of
happened. Up to the present, he heard no complaint from the Sps.
Demateras, DENR, Office of the Solicitor General, or the Land
Registration Authority.

A certain Basilio Lipawen, whom he did not know nor meet, filed a
complaint against him in the Office of the Ombudsman. During Lipawen's
complaint before the Ombudsman, he found out that Lipawen was squatting
on the portion of the parcel of land covered by TCT No. T-83076 and that
he was evicted therefrom with his shanty thereat demolished. To prove that
Lipawen is a squatter and his improvement demolished, the Buildings and
Architecture Office of Baguio City, upon the request of the accused, issued
Certifications that he has no approved building permit and his illegal
structure was demolished by the City Demolition Team on October 24,
201423. Accused also found out that Lipawen filed a Townsite Sales
Application (TSA) No. 10283 on September 4, 1997 over a portion of the
parcel of land covered by TCT No. T-83076 but sold it to Sps. Josephine A.
Ac1ayan and Antero Ac1ayan. Accordingly, Lipawen's application was
returned unrecorded because it violated A.O. 504 Resolution Number 1991-
92, Item 5.1 dated 23 April 1991, Section 124, C.A. 141; DMC No. 2007-
11, Item VII-J page 13 dated July 25, 2007. His proof is a Certification
issued by the DENR-CAR A.O. 504 Clearing Committee dated 1 February
201824.

In connection with the issuance of his office ofTCT No. T-83076 to

the Sps. Dematera and to his knowledge, there is no complaint, either civil,
criminal or administrative, filed against them, their predecessor donor
Constancia Maglana, or against him, as certified by the office of the Clerk
of Court, Regional Trial Court of Baguio City, Office of the City
Prosecutor ofBaguio City, and the LRA25•

As to the statement of the prosecution witness Edgardo S. Flor that

since there was no application for validation, the annotation in TCT No. T-
83076 has no basis and there was no Resolution issued validating the said
title, accused said that he has no personal knowledge of whether the;

21 Records, p. 383-390 / ~
22 Exhibit 8 / /'
23 Exhibits 4 and 6
24 Exhibit 7 ~
25 Exhibits I, I-a, 2, 2-a, and 3 •v V
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issuance by his office ofTCT No. T-83076 needed such a Resolution. The
typewritten annotation of the memorandum of encumbrance in said land
title preceding his signature passed through their office examiner who
apparently approved it and he relied thereon. With or without the
questioned annotation, TCT No. T-83076 is still a valid land title having
been legally donated by Constancio Maglana to the Sps. Dematera, paid the
corresponding taxes to the BIR and the realty and transfer taxes to the City
Treasurer of Baguio City, the registration fees of their office, and
surrendered the genuine and authenticate owner's duplicate copy of
Maglana's land title, TCT No. T-16121.

When asked if his office issued the land title TCT No. T-16121 of
Constancio Maglana, accused answered in the affirmative. It was signed by
Onofre D. Alamanza on January 28, 1970, the former Register of Deeds of
Baguio City. Based on the records on file with their office, he informed the
Court that there is no violation in the issuance of TCT No. T-16121 as
claimed in the letter of a certain Cynthia Tagtag. Of his knowledge, said
Cynthia Tagtag, Edgardo S. Flor, Henry M. Mayangao or their office
CENRO-DENR-CAR has not filed a complaint in the Registry of Deeds
against the land titles of Maglana and Sps. Dematera.

On cross-examinatiorr", accused confirmed that the land subject of

the case was previously owned by Constancio Maglana. He confirmed that
Constancio Maglana was the holder of the prior title, TCT No. T-16121,
which he identified in his Judicial Affidavit as having been signed and
issued by the Register of Deeds. The land that was previously owned by
Constancio Maglana was donated to Sps. Dematera and the donation was
annotated to TCT No. T-16121. He said that it was the typist who annotated
the donation. He admitted that it was his signature under the annotation. He
confirmed that based on the face of the title, there are no other annotations
in the memorandum of encumbrances. As a consequence of the annotation
of the Deed of Donation, TCT No. T-16121 was cancelled and TCT No. T-
83076 was issued in its place. He also con finned that TCT No. T-83076
was issued on July 21, 2004 at 11:15 a.m., the same date and time as when
the annotation was made in TCT No. T-16121.

When accused was asked if he was able to personally examine TCT

No. T-16121 before making the certification in TCT No. T-83076, he.
answered that the typist and land examiner, Filemon "Jun" Marcelino, Jr.,
was the one who examined the same and that he himself did not personally
examine it. He con finned that based on the face of page no. 3 of TCT No.
T-83076, there is no proof of the approval of the annotation by a certain Jun
Marcelino. He admitted that the approval of Jun Marcelino is not reflected
in the title.

When accused was referred to page 2 of TCT No. T-83076, he

con finned that there appears an initial beside the words "Register of
Deeds", however, he could not remember whose initial it was. He was
referred to page 1 of the same title and he confirmed that his name and
signature also appears at the bottom right portion thereof and besidethe

26 TSN dated December 11, 2018 /7

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Decision
SB-17-CRM-1411-1412
People v. Ampaguey
x-----------------x

words "Register of Deeds", the same initial as the one on page 2 also
appears. He confirmed that he signed his name three (3) times on pages 1,
2, and 3 and that there is an initial beside "Register of Deeds" on pages 1
and 2 but not on page 3. Accused also confirmed that TCT No. T-83076 is
subject to validation by P.D. 1271.

After the accused testified, the defense offered the following documentary
exhibits:

Exhibit "1" - Certification of the RTC Baguio City, Office of the

Clerk of Court dated 11 January 2018
Exhibit "l-a" - Request Letter of the accused to the RTC Baguio City
Clerk of Court dated 11 January 2018
Exhibit "2" - Certification of the National Prosecution Service of
Baguio City dated 11 January 2018
Exhibit "2-a" - Request Letter of the accused to the Prosecutor's Office,
Baguio City dated 11 January 2018
Exhibit "3" - Certification of the Land Registration Authority (LRA)
dated 12 January 2018
Exhibit "4" - Certification of the Buildings and Architecture Office of
Baguio City dated 12 January 2018
Exhibit "5" - Certification of DENR-CAR, CENRO, Pacdal, Baguio
City dated 22 January 2018
Exhibit "6" - Certification of the Buildings and Architecture Office of
Baguio City dated 22 January 2018
Exhibit "7" - Certification of DENR-CAR, A.O. Clearing Committee,
Baguio City dated 01 February 2018
Exhibit "8" - TCT No. T-83076 in the name of Sps. Elpidio and
Nenita Dematera issued on 21 July 2004
Exhibit "9" - Deed of Donation between Constancio Maglana and
Leodegarta Maglana as Donors and Elpidio Dematera
and Nenita Dematera as Donees dated 19 July 1973
Exhibit "10" - Judicial Affidavit ofthe Accused
Exhibit "IO-a" -Signature of the accused Juanito K. Ampaguey

On January 15,2019, the Court admitted the above Exhibits.F

ISSUES

1. Whether the prosecution established the elements of Section 3(e) of Republic

Act No. 3019, as amended.

2. Whether the prosecution established the elements of Article 171(6) of the

Revised Penal Code.

RULING

The prosecution asserts that through falsification by intercalation or

insertion of entry in TCT No. T-83076, stating therein that there was an approved
Validation Application No. 4788 covering TCT No. T-16121, accused gave
unwarranted benefits to Sps. Dematera accorded by PD. No. 1271 even if they a;t.
"Records, p. 457 I,/?
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People v. Ampaguey
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not qualified or entitled thereto. It is thus proper for this Court to first settle the
issue of falsification of public document since it is necessary for committing the
violation under Section 3(e) of R.A. No. 3019. We shall first discuss Criminal
Case No. SB-17 -CRM-1412 on falsification.

Criminal Case No. SB-17-CRM-1412

The elements of falsification under Article 171 (6) of the RPC are:

1. The offender is a public officer, employee, or notary public;

2. He takes advantage of his official position;

3. He falsifies a document by making alteration (change) or

intercalation (insertion) in a genuine document which changes its
meaning.

As to the first element, it is settled that at the time material to the

allegations in the Information, accused was a public officer, being the then
Register of Deeds of the Registry of Deeds of Baguio City. This fact was also
stipulated in the Pre- Trial Order dated July 11, 201828.

As to the second element, the offender is considered to have taken

advantage of his official position in falsifying a document if (1) he has the duty to
make or prepare or otherwise intervene in the preparation of the document; or (2)
he has the official custody of the falsified document." Here, in issuing TCT No.
T-83076, a public document issued by the Registry of Deeds of Baguio City,
accused had the duty to review deeds and other documents for conformance with
legal requirements for registration. He could not have made the certification in
TCT No. T-8307630 were it not for his position as the Register of Deeds of the
Registry of Deeds of Baguio City. The second element is, therefore, also present.

As to the third element, we shall now determine whether the accused

intercalated an entry which is false. For ready reference, the pertinent portion of
the annotation made by the accused in TCT No. T-83076 reads:

"Entry No. 167654-19-196, RESOLUTION, r.o. 1271

Feb. 21, 1990, APPROVED Validation Application (B) No. 4788,
covering Transfer Certificate of Title No. 16121, Register of Deeds
for the City of Baguio .
March 8,1990 File No. T-16121.

(SIT) ERNESTO A. DIOMAMPO, Register of Deeds

IT IS HEREBY certified that this Transfer Certificate of Title

No. T-15173 is a derivative Transfer Certificate of Titlefrom NO.! ~

"Cm]>uz, le. v.. People of the Philippines and Sandiganbayan, G.R. Nos. 212656-57, November 23,2016
30Exhibit E-2
;f'b
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Decision
SB-17-CRM-1411-1412
People v. Ampaguey
x-----------------x

16121 subject of Validation Application (B) No. 4788 as approved

by P.D. 1271 Committee as hereinabove annotated.

March 8, 1990 Register of Deeds

(SIT) ERNESTO A. DIOMAMPO, Register of Deeds

I HEREBY CERTIFY that the foregoing is a true and exact

copy of the annotation of encumbrance existing in the previous
Transfer Certificate of Title No. T-16121.

(signed)
JUANITO K. AMPAGUEY
Register of Deeds"

From the above-quoted, accused certified that the annotation of

encumbrance existed in TCT No. T-16121. Accused himself admitted that the
name and signature under the annotation was his!'. However, upon perusal ofTCT
No. T-16121, no such entry was annotated therein. The only encumbrance in TCT
No. T-16121 was Entry No. 29187-35-15, which is the Donation dated July 19,
1973, executed by Constancio B. Maglana in favor of Sps. Elpidio Dematera and
Nenita Dematera.

The subsequent insertion of the certification made by the accused is

apparent on the face of TCT No. T-83076. It changed the meaning of the
document within the context of Article 171(6) of the Revised Penal Code which
made it speak something false. Hence, the third element is present.

Criminal Case No. SB-17-CRM-1411

Section 3(e) ofR.A. No. 3019, as amended, provides:

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:

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.

31 TSN dated Decembet/l I, 2018, p. 12 f1v

14
 Decision
",SB-17-CRM-1411-1412
People v. Ampaguey
x-----------------x

The elements of Section 3(e) ofR.A. No. 3019, as amended, are:

1. The accused must be a public officer discharging administrative,

judicial or official functions;

2. He must have acted with manifest partiality, evident bad faith or

gross inexcusable negligence; and

3. That his action caused any undue injury to any party, including the
government, or giving any private party unwarranted benefits,
advantage or preference in the discharge of his functions.

As to the first element, it is settled that at the time material to the

allegations in the Information, accused Ampaguey was then Register of Deeds of
the Registry of Deeds of Baguio City.

As to the second element, the prosecution charged the accused of acting

with manifest partiality, evident bad faith or gross inexcusable negligence in
allowing, consenting, agreeing, and/or assenting to the intercalation or insertion of
an unlawful entry in TCT No. T-83076 stating therein that Sps. Dematera have an
approved application for validation on the lot covered by the said title pursuant to
P.D. No. 1271, when in fact there is none, thereby giving them unwarranted
benefits, advantage or preference.

In Sison v. People of the Philtppines+, the Supreme Court expounded on

Section 3(e) ofR.A. No. 3019:

The second element 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
R.A. No. 3019 is enough to convict.

"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.

Accused claimed that it was the office examiner, Jun Marcelino, who
examined TCT No. T-16121 before it was cancelled.P By reason of its
cancellation, TCT No. T-83076 was issued in its place. He also claimed thatJ;he

32 G.R. Nos. 170339, 170398-403, March 9, 2010

" TSN dated December 11, 2018, p. 13 . 15
~
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Decision
.SB-17-CRM-1411-1412
People v. Ampaguey
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typewritten annotation of the memorandum of encumbrance preceding his
signature in TCT No. T-83076 passed through Marcelino, who approved the
same.l" Relying on the approval of Marcelino, he affixed his signature in TCT No.
T-83076 certifying that the memorandum of encumbrance is a true and exact copy
annotated in the previous TCT No. T-16121. However, during cross-examination,
accused admitted that the approval of Marcelino is not reflected in TCT No. T-
83076. Moreover, he confirmed that based on the face ofTCT No. T-16121, there
are no other annotations in the memorandum of encumbrance aside from the Deed
of Donation". Thus, accused was grossly negligent in certifying a non-existing
annotation. His negligence is apparent since it is expected of him to exercise
utmost caution in the examination of documents related to registration of titles.

As to the third element, it should be noted that there are two (2) 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".

The Court defined the word "unwarranted" as 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 this case, accused, as the Register of Deeds, made it appear that TCT No.
T-16121 issued on January 28, 1970, from which TCT No. T-83076 was derived,
was approved for validation pursuant to P.D. No. 1271. Section 1 of the law states:

Section 1. All orders and decisions issued by the Court of First

Instance of Baguio and Benguet in connection with the proceedings
for the reopening of Civil Reservation Case No. 1, GLRO Record
No. 211, covering lands within the Baguio Townsite Reservation,
and decreeing such lands in favor of private individuals or entities,
are hereby declared null and void and without force and effect;
PROVIDED, HOWEVER, that all certificates of titles issued on or
before July 31, 1973 shall be considered valid and the lands covered
by them shall be deemed to have been conveyed in fee simple to the
registered owners upon a showing of, and compliance with, the
following conditions:

(a) The lands covered by the titles are not within any government,
public or quasi-public reservation, forest, military or otherwise, as
certified by appropriating government agencies;

(b) Payment by the present title holder to the Republic of the

Philippines of an amount equivalent to fifteen per centum (15%) of
the assessed value of the land whose title is voided as of revision
period 1973 (P.D. 76), the amount payable as follows: Within ninj,ty

34
35
36
Records, p. 387
TSN dated December 11,2018, p. 12
Ampil v. Office of the Ombudsman, G.R. No. 192685, July 31, 2013
~
tiO
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Decision
SB-17-CRM-1411-1412
People v. Ampaguey
x-----------------x
(90) days of the effectivity of this Decree, the holders of the titles
affected shall manifest their desire to avail of the benefits of this
provision and shall pay ten per centum (10%) of the above amount
and the balance in two equal installments, the first installment to be
paid within the first year of the effectivity of this Decree and the
second installment within a year thereafter.

P.D. No. 1271 declared that all certificates of titles covering the lands
within the Baguio Townsite Reservation issued on or before July 31, 1973 shall be
considered valid upon a showing of and compliance with the conditions above-
cited. In this case, there is no showing that Sps. Dematera nor the previous title
holder, Constancio Maglana, complied with the mandate of P.D. No. 1271.
Therefore, the certification inserted in TCT No. T-83076 freed the Sps. Dematera
from issues that may arise from non-compliance with P.D. No. 1271, giving them
unwarranted advantage.

A person guilty of violating Section 3 (e) ofR.A. No. 3019, as amended, is

punishable with imprisonment for not less than six (6) years and one (1) month nor
more than fifteen (15) years and perpetual disqualification from public office.

Article 171 of the Revised Penal Code, on the other hand, provides that the
penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed
upon any public officer, employee, or notary who, taking advantage of his official
position, shall falsify a document.

WHEREFORE, premises considered, the Court hereby rules as follows:

In Criminal Case No. SB-17-CRM-1411, the Court finds the accused

Juanito K. Ampaguey GUILTY beyond reasonable doubt of the offense of
violation of Section 3(e) ofR.A. 3019, as amended, and sentences him to suffer an
indeterminate penalty of imprisonment of six (6) years and one (1) month as
minimum to ten (10) years as maximum and perpetual disqualification from
holding public office.

In Criminal Case No. SB-17-CRM-1412, the Court finds the accused

Juanito K. Ampaguey GUILTY beyond reasonable doubt and sentences him to
suffer an indeterminate penalty of imprisonment of two (2) years, four (4) months
and one (1) day to four (4) years and two (2) months as minimum to eight (8)
years and one (1) day to ten (10) years as maximum, in the absence of mitigating
and aggravating circumstances, and to pay a fine amounting to Five Thousand
Pesos (P5,000.00).

SO ORDERED.

Quezon City, Metro Manila, =:£7

JO
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SB-17-CRM-1411-1412
People v. Ampaguey
x-----------------x

WE CONCUR:

OR. FERNANDEZ
iate Justice

ATTEST ATION

I attest that the conclusions in the above Decision were reached in

consultation before the case was assigned to the writer of the opinion of
the Court's Division.

CERTIFICATION

Pursuant to Article VIII, Section 13 of the Constitution, and the

Division Chairman's Attestation, it is hereby certified that the conclusions
in the above Decision were reached in consultation before the case was
assigned to the writer of the opinion of the Court's Division.

18