[ ADMINISTRATIVE ORDER NO. 457, December 29, 1982 ]
DISMISSING FROM OFFICE ATTY. ANTONIO T. UY, AS REGISTER OF DEEDS OF LAPU-LAPU CITY
This refers to the administrative charges filed against Lapu-Lapu City Register of Deeds Antonio T. Uy.
It appears that in a letter dated April 19, 1977, then Minister of Justice Vicente Abad Santos recommended that respondent be fined his salary equivalent to six (6) months for having been found guilty of grave misconduct as charged by the National Bureau of Investigation. This case stemmed from a preparation of a document entitled Extra-judicial Settlement, Declaration of Heirs and Deed of Absolute Sale dated January 18, 1974, where it was made to appear that the eight signatories thereto sold to respondent their pro-indiviso interest and participation in Opon Cadastre Lot No. 1669 containing 2,164 square meters left by the deceased Calixto Oyao in consideration of the sum of P500.00 instead of the stipulated price of P2,600.00. In his answer, respondent alleged that the document did not show the actual consideration in order to lessen the expenses of registration and cost of documentary stamp tax as desired by the Oyao heirs. On this score, I agree with the observation of the Land Registration Commission and the then Secretary of Justice that respondent, by his sworn duties, should have condemned evasion of payment of correct amount of fees and taxes by concealing the true consideration of the sale by the parties to the document and, in so consenting to that arrangement, he became a party to the defraudation of the government.
Respondent was also separately charged of grave misconduct (landgrabbing of fishpond) initiated by Nemesio Bering and of violation of Commonwealth Act No. 466 (National Internal Revenue Code) and Republic Act No. 5448 (Science Stamp Law) initiated motu proprio by the Commissioner of Land Registration.
On February 13, 1978, then Secretary of Justice Abad Santos recommended respondent s dismissal from the service for having been found guilty of the said charges of grave misconduct and violation of Commonwealth Act No. 466 and Republic Act No. 5448. In the case filed by Bering, investigation disclosed that, taking advantage of his position as register of deeds, respondent ignored established registration procedures and practices to promote his personal interest; while in the other case, thirteen (13) documents were found in his office desk without the necessary documentary and science stamps in the amount of P724.80, which absence was not satisfactorily explained by him.
In view of all the foregoing, and as recommended, Atty. Antonio T. Uy is hereby found guilty of the charges as specified above and accordingly, dismissed from the service effective upon receipt of a copy of this Order.
Done in the City of Manila, this 29th day of December 1982.
By the President:
(Sgd.) MANUEL M. LAZARO
Presidential Assistant for Legal Affairs
It appears that in a letter dated April 19, 1977, then Minister of Justice Vicente Abad Santos recommended that respondent be fined his salary equivalent to six (6) months for having been found guilty of grave misconduct as charged by the National Bureau of Investigation. This case stemmed from a preparation of a document entitled Extra-judicial Settlement, Declaration of Heirs and Deed of Absolute Sale dated January 18, 1974, where it was made to appear that the eight signatories thereto sold to respondent their pro-indiviso interest and participation in Opon Cadastre Lot No. 1669 containing 2,164 square meters left by the deceased Calixto Oyao in consideration of the sum of P500.00 instead of the stipulated price of P2,600.00. In his answer, respondent alleged that the document did not show the actual consideration in order to lessen the expenses of registration and cost of documentary stamp tax as desired by the Oyao heirs. On this score, I agree with the observation of the Land Registration Commission and the then Secretary of Justice that respondent, by his sworn duties, should have condemned evasion of payment of correct amount of fees and taxes by concealing the true consideration of the sale by the parties to the document and, in so consenting to that arrangement, he became a party to the defraudation of the government.
Respondent was also separately charged of grave misconduct (landgrabbing of fishpond) initiated by Nemesio Bering and of violation of Commonwealth Act No. 466 (National Internal Revenue Code) and Republic Act No. 5448 (Science Stamp Law) initiated motu proprio by the Commissioner of Land Registration.
On February 13, 1978, then Secretary of Justice Abad Santos recommended respondent s dismissal from the service for having been found guilty of the said charges of grave misconduct and violation of Commonwealth Act No. 466 and Republic Act No. 5448. In the case filed by Bering, investigation disclosed that, taking advantage of his position as register of deeds, respondent ignored established registration procedures and practices to promote his personal interest; while in the other case, thirteen (13) documents were found in his office desk without the necessary documentary and science stamps in the amount of P724.80, which absence was not satisfactorily explained by him.
In view of all the foregoing, and as recommended, Atty. Antonio T. Uy is hereby found guilty of the charges as specified above and accordingly, dismissed from the service effective upon receipt of a copy of this Order.
Done in the City of Manila, this 29th day of December 1982.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
President of the Philippines
By the President:
(Sgd.) MANUEL M. LAZARO
Presidential Assistant for Legal Affairs