THIRD DIVISION
[A.C. No. 10977. July 10, 2019.]
ATTY. ELIGIO P. MALLARI, complainant, vs.ATTY. LORNA M. SALANGSANG-DEE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 10, 2019, which reads as follows:
"A.C. No. 10977 (Atty. Eligio P. Mallari vs. Atty. Lorna M. Salangsang-Dee). — Before the Court is an administrative complaint filed by Atty. Eligio P. Mallari (complainant) against Atty. Lorna M. Salangsang-Dee (respondent) for violation of the lawyer's oath and the Code of Professional Responsibility. 1
Complainant alleged that on December 27, 2005, the land covered by Transfer Certificate of Title (TCT) No. 154516-R with an area of 1,307.999 hectares of Lot 3664 of the San Fernando Cadastre, Pampanga was placed under Comprehensive Agrarian Reform Program coverage. Despite a motion for reconsideration filed with the Department of Agrarian Reform's (DAR) order and an appeal to the Office of the DAR Secretary, TCT No. 154516-R was cancelled. According to the complainant, this violated DAR Administrative Order No. 3, Series of 2003. Consequently, upon the request of Atty. Antonio M. Elicano, the lawyer of Philippine National Bank (PNB), the respondent annotated a Notice of Lis Pendens on November 30, 2010 under Entry No. 8564 in the derivative Title No. 04-2012004538 issued on April 25, 2012. The complainant further claimed that the respondent unlawfully inserted, intercalated and backdated PNB's Notice of Lis Pendens in the Titles 3664 and 3843. HTcADC
On the other hand, the respondent, as the Register of Deeds of the Province of Pampanga, denied the complainant's request to cancel the Notice of Lis Pendens annotated on TCT No. 154516-R in the name of PNB. The respondent explained that prior to the complainant's request to cancel the Notice of Lis Pendens, the DAR Regional Office requested for the issuance of a Certificate of Title in the name of the Republic of the Philippines and the registration of the Certificate of Land Ownership Awards (CLOAs) in favor of the identified farmer-beneficiaries.
Thereafter, on March 2, 2010, TCT Nos. 042-2010011824 and 042-2010011825 were issued in the name of the complainant and his spouse, Marcelina Mallari. The Notice of Lis Pendens was processed, approved and duly inscribed on the TCTs in accordance with Section 56 of Presidential Decree No. 1529. TCT No. 154516-R was only partially cancelled as the total area of 1,307.999 has. was more than the aggregate coverage area of 1,280.712 has. 2
On May 11, 2015, the complainant and his spouse filed with the Regional Trial Court of San Fernando, Pampanga, a Petition for Cancellation of Lis Pendens on the subject property. However, the petition was dismissed for lack of jurisdiction to try and decide the case, considering that a related case appealed to the Court of Appeals and pending before the Supreme Court, and is still the subject matter of litigation.
This case was referred to the Integrated Bar of the Philippines (IBP) for Investigation, Report and Recommendation. 3
Findings and Recommendation of the Investigating Commissioner
The Investigating Commissioner did not find clear, convincing and satisfactory proof to warrant disciplinary action against the respondent. She explained that the Notice of Lis Pendens can only be cancelled by the court before the action involving the property is pending. Therefore, the Investigating Commissioner held that the complainant cannot coerce the respondent to cancel the Notice of Lis Pendens, as there is still a pending case with the Court involving the property. Only the trial court before which the action involving the property is pending may cancel the Notice of Lis Pendens. 4 CAIHTE
Accordingly, the Investigating Commissioner recommended the dismissal of the complaint, as follows:
PREMISES CONSIDERED, we respectfully recommend that this administrative complaint against respondent, ATTY. LORNA M. SALANGSANG-DEE, be DISMISSED for lack of merit.
RESPECTFULLY SUBMITTED.5 (Emphases in the original)
Resolution of the IBP Board of Governors
On November 28, 2017, a Resolution 6 was passed by the Board of Governors of the IBP, to wit:
CBD Case No. 16-5055Atty. Eligio P. Mallari vs.
RESOLVED to APPROVE the findings of fact and recommendation of the Investigating Commissioner DISMISSING the complaint. 7 (Emphases in the original)
Ruling of the Court
The Court adopts and approves the findings of fact, conclusions of law and recommendation of the Investigating Commissioner as approved by the IBP Board of Governors.
A lawyer who holds a government office may not be disciplined as a member of the bar for misconduct in the discharge of his duties as a government official unless the misconduct also constitutes a violation of the Code of Professional Responsibility or the lawyer's oath, or is of such character as to affect his qualification as a lawyer or shows moral delinquency on his part. 8
In this case, the Court finds that the respondent did not commit any misconduct as she only performed her duties as the Register of Deeds in accordance with the law. Moreover, as found by the Investigating Commissioner, the complainant failed to establish that the respondent committed acts of misconduct, dishonesty, falsehood, or had disobeyed laws or orders of the court.
In Aba, et al. v. Attys. De Guzman, Jr., et al., 9 the Court reiterated its oft-repeated ruling that in suspension or disbarment proceedings, lawyers enjoy the presumption of innocence, and the burden of proof rests upon the complainant to clearly prove her allegations by preponderant evidence. 10 In the absence of preponderant evidence, the presumption of innocence of the lawyer continues and the complaint against him must be dismissed. 11 aScITE
WHEREFORE, in view of the forgoing, the Court ADOPTS and APPROVES the Resolution dated November 28, 2017 of the Board of Governors of the Integrated Bar of the Philippines. Accordingly, the administrative complaint against respondent Atty. Lorna M. Salangsang-Dee is hereby DISMISSED for lack of merit.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, Vol. I, pp. 1-14.
2.Id. at 407-424.
3.Id. at 522.
4.Rollo, Vol. II, p. 134.
5. Signed by Commissioner Rebecca Villanueva-Maala; id. at 135.
6.Id. at 130.
7.Id.
8. See Atty. Vitriolo v. Atty. Dasig, 448 Phil. 199, 207-208 (2003).
9. 678 Phil. 588 (2011).
10.Id. at 601.
11. Atty. Dela Cruz v. Atty. Diesmos, 528 Phil. 927, 928-929 (2006).