JESUS A. TAPALES, COMPLAINANT, VS. HON. MACARIO BALCON, RESPONDENT.

Complainant Jesus A. Tapales, President of the Lubang Electric Service
Cooperative, Inc., Lubang, Occidental Mindoro, as a “concerned citizen and
taxpayer”, presented a verified Complaint dated September 7, 1979 charging
respondent Municipal Judge Macario M. Balcon of Lubang, Occidental Mindoro,
with “Gross Ignorance of Law and Abuse of Authority,” and prayed that
he be immediately suspended from office “in the interest of justice and of
the oppressed public in general.” Prior thereto, or on September 1, 1979,
complainant had filed a similar complaint with the Office of the President,
which was referred to the Judicial Consultant on September 20, 1979.

The Complaint alleges that respondent Judge had rendered a
Decision in Cadastral Case No. N-8, LRC Cad. Reg. No. N-256, entitled “The
Director of Lands vs. Pedro Abejar, et als.,” in complete disregard of
existing laws by awarding Lot 2984, consisting of approximately 76 hectares,
solely to claimant spouses Juan S. Valbuena (an Engineer) and Lourdes A.
Valbuena, (hereinafter called the Valbuenas), when the area they had applied
for was only 3.3 hectares, more or less, to the extreme prejudice of some 26
other claimants of portions of said lot, as well as of the Government,
particularly, the Civil Aeronautics Administration, which had purchased 15.9
hectares for its landing airstrip, and the Lubang Vocational School which
occupies about 6 hectares.

It is further alleged that respondent Judge had connived with his
then Clerk-stenographer, Mrs. Salud Valbuena Tameta, a full sister of Juan S.
Valbuena, with Fiscal Jose del Rosario, as well as with the Valbuenas said to
be respondent’s intimate friends, in issuing the decree of registration, and
that they had concealed the anomalous situation for several years from the
people concerned.

Required to comment, respondent Judge explained:

1.     
The lot in question, Lot 2984, Pls-41
(Philcusa-FOA), consisting of 76 hectares, more or less, known as the
“Alambre property” formerly belonged to Mrs. Maria Malabanan, now
deceased.  During her lifetime, she sold
portions thereof to different vendees, now actual possessors of said portions,
in­cluding the Civil Aeronautics Administration (15 hectares), Lubang
Vocational School (6 hectares), Abeleda brothers (6 1/2 hectares), the Zapatas
(9 hectares), the Pagilagans (3 hectares), the Lims (3 hectares), the
Tejadillas (2 hectares), Engineer Juan S. Valbuena (3.3 hectares), and others.

2.     
In September, 1975, the Valbuenas filed an
answer in Cad. Case No. N-8 for the adjudication to them of several parcels of
land in Lubang.  One of these parcels, a
portion of Lot 2984 consisting of approximately 3.3 hectares, was among those
adjudicated.  The other portions
belonging to other claimants-possessors were not set for hearing so that no
adjudication could be made in their respect. 
Only 3.3 hectares of Lot No. 2984 was adjudicated in his Decision dated
December 17, 1975 in favor of the Valbuenas, who laid no claim to any other
portion of Lot 2984.

3.     
Through fraud, deceit and misrepresentation,
however, the Valbuenas obtained Decree of Registration No. 159968, Cad. Case
No. N-8 LRC Cad. Record No. N-256, for the entire area of 76 hectares of Lot
No. 2984 in their names; that Valbuena and his sister, Salud V. Tameta,
clerk-stenographer of respondent Judge, allegedly falsified respondent’s
Decision, dated December 17, 1975, by omitting the word “portion” and
by not stating the correct area of 3.3 hectares, thus misrepresenting that the
whole area of 76 hectares of Lot 2984 was adjudicated in favor of the
Valbuenas.  Thereby, the latter obtained
Original Certificate of Title No. D-156 in their names on March 25, 1976.

4.     
The Valbuenas and their counsel as well as the
Land Registration Commission should have noticed the error and notified
respondent Judge accordingly.

5.     
As proof of bad faith, Juan Valbuena executed an
Affidavit on April 13, 1977^[1]
to the effect that he is the registered owner of Lot No. 2984, covered by
Original Certificate of Title No. D-156; that it is not tenanted; and that it
is used as pasture land.

6.     
To further establish bad faith, respondent
alleged that the Valbuenas sent a letter on April 12, 1977 to the Register of
Deeds of Occidental Mindoro, at Mamburao, requesting that OCT No. D-156
registered in their names be cancelled, and in lieu thereof, two separate
titles be issued.  Accordingly, TCT No.
T-11892 was issued for Lot No. 2984-A, with an area of 33,594 sq. ms., and TCT
No. T-11893 for Lot No. 2984-B, covering an area of 726,801 sq. ms., both
titles in the names of the Valbuenas.

7.     
However, on September 18, 1979, or after the
complaint herein was filed, the Valbuenas filed a “Petition to Admit
Surrender of Certificate of Title for Adjudication to Proper Parties” with
the Court of First Instance of Occidental Mindoro, thereby finally admitting
that the portion they own is only 3.3 hectares, more or less.

8.     
Complainant Tapales has been harassing
respondent by filing several complaints since 1974 and is merely desirous of
ruining respondent’s reputation and placing his family in disrepute, disgrace
and dishonor; that both complainant and Engineer Valbuena are feuding over big
government construction projects to the detriment of the people of Lubang.

Considering the evidence already on record, we have dispensed
with a formal investigation. 
“Cumbersome, time-consuming procedure of investigation need not be
resorted to if the allegations in the complaint, the comments thereon, and the
documents presented pro­vide ample basis for a resolution of the complainant’s
charges”.^[2]

We find as established that Maria Malabanan, a widow, was the
owner of a parcel of land of 760,396 square meters situated in Lubang,
Occidental Mindoro.  When the
municipality was subjected to a cadastral survey on November 21, 1953 – May 21,
1954, her land was surveyed as Lot No. 2984 of the cadastre.

On December 9, 1958, Maria Malabanan sold a portion of her land
of 159,086 square meters to the Government (the Civil Aeronautics
Administration [CAA]), which later on was utilized as an airplane landing
strip.  In September, 1962, the CAA filed
a petition in the cadastral case asking for authority to have Lot 2984
subdivided for the purpose of segregating therefrom the portion which it had
purchased.  The petition was granted on
September 24, 1962 by then Judge Andres Sta. Maria, the order having been
promulgated in the cadastral case.

On March 22, 1963, the Director of Lands approved the subdivision
of the land into three lots, Lot 2984-A of 159,086 square meters to correspond
to what the CAA had purchased.  According
to the subdivision plan approved by the Bureau of Lands, said Lot 2984-A would
be Lot 5405 of the cadastral survey.  It
would appear, however, that the record of the subdivision plan was not actually
recorded in the original cadastral survey so that Lot 2984 remained as
outstanding in regard to the entirety of the land of Maria Malabanan.

On different occasions, Malabanan sold portions of her land to
different private persons numbering about 26.^[3]

In the meantime, several vendees of Malabanan, among them the
Valbuena spouses, submitted answers in the cadastral case for the adjudication
of portions of the Malabanan property respectively sold to them.  The Valbuenas laid claim to a portion of
about 3.3 hectares.

On December 17, 1975, respondent Judge promulgated a Decision in
regard to non-contested lots and adju­dicated cadastral Lot 2984 as follows:

“WHEREFORE, in view of the foregoing, the adjudication and
registration of the lots enumerated herein below are hereby ordered registered
and adjudicated in favor of the persons whose names are stated after the same,
subject to the con­ditions specified in each case:

x x x x x x x x x x x

“LOT NO. 2984,-With the improvements thereon, is hereby
adjudicated in favor of Spouses Juan S. Valbuena and Lourdes Austria Valbuena,
Filipinos, of legal age, and residents of Poblacion, Lubang, Occidental Mindoro.  Mr. Juan S. Valbuena acquired this parcel of
land from Mrs. Maria Malabanan by purchase, in a Deed of Absolute Sale on
October 1, 1967, duly notarized by Judge Teodoro P. Malabanan.

Spouses’ possession and that of Mrs. Malabanan over the land have been
for more than 50 years.  There is no
impediment covering the land.

x x x x x
x”^[4]

The “Order for the Issuance of the Decree of
Registration” dated January 20, 1976, also simply stated:

“The decision rendered by this Court in the above entitled
case under date December 17, 1975, having become final, the Commissioner of the
Land Registration Commission is hereby directed to issue the corresponding
decree of registration for the lots adjudicated in said decision, to wit:

“x x x x x x x x

“6.  Lot No. 2984, Pls.
41; –­Spouses Juan A. Valbuena & Lourdes A. Valbuena”

It should be noted that both the aforestated Decision and Order
did not specify the extent of the area of Lot No. 2984 that was being awarded
to the Valbuenas.  What simply appears to
have been adjudicated is Lot No. 2984 itself.

Obviously, it is this incompleteness and ambiguity that led to
the anomalous procurement of absolute title to the whole area of 76 hectares
comprising Lot No. 2984 by the Valbuenas, although they owned and applied only
for 3.3 hectares.

Respondent cannot exculpate himself by shifting the blame to his
clerk-stenographer, to the Valbuenas, and to the Land Registration
Commission.  The irregularities that
followed in the wake of respondent’s vague Decision and Order are directly
traceable to lack of thoroughness and care in the adjudication of Lot
2984.  Respondent’s explanation that Juan
Valbuena and his sister Salud V. Tameta, respondent Judge’s clerk-stenographer
(now retired) “falsified the decision dated December 17, 1975 by omitting
the word “portion” and by not stating the correct area of 3.3
hectares is completely unsatisfactory. 
It emphasizes the awkwardness of respondent’s stand, for, as pointed out
by Deputy Court Administrator Arturo B. Buena, concurred in by the Court
Administrator, “if his clerk-stenographer is to blame for such omission,
does it mean that she prepared or caused the preparation of the decision.  If she deliberately omitted some parts of
said decision in its preparation, was respondent not negligent, nevertheless,
for not reading said decision before signing it”.  In either way, there is no way for respondent
to shift respon­sibility away from him.”

While there is no evidence of connivance between respondent Judge
and the Valbuenas, the negligence of the former and his failure to observe the
requisite care and circumspection in the promulgation of his Decision and Order
is apparent.

We come now to the Valbuenas, with addresses at Poblacion,
Lubang, Occidental Mindoro, and 18 Twin Hills St., New Manila, Quezon
City.  Lot 2984 was adjudicated in their
favor in the Decision dated December 17, 1975. 
The Order for the issuance of the decree of registration was handed down
on January 20, 1976.  Original
Certificate of Title No. D-156 was issued in their favor on March 25, 1976 for
the entirety of Lot 2984 or for 760,385 square meters.  Approximately a year later, or, on April 13,
1977, Juan S. Valbuena executed an Affidavit to the effect that he was the
registered owner of a parcel of agricultural Land situated in Lubang,
Occidental Mindoro, designated as Lot No. 2984 and covered by OCT No. D-156;
that it was not tenanted nor worked by any tenant or lessee; and that said land
is used as pasture land.  On April 12,
1977, Juan S. Valbuena requested the Register of Deeds of Mamburao, Occidental
Mindoro, for the cancellation of OCT No. D-156 and the issuance in lieu thereof
of two separate titles for Lots 2984-A and 2984-B according to an approved
subdivision plan, to be registered under the same original owner.  Accordingly, on July 22, 1977, TCT No. T-11892
for Lot 2984-A consisting of 33,594 square meters, and TCT No. T-11893 for Lot
2984-B, with an area of 726,801 square meters were issued, both in the name of
the Valbuenas.

With the foregoing actuations by the Valbuenas, we find it
difficult to believe that they merely committed an error in holding on to the
entirety of Lot 2984.  They knew from the
very beginning of the extent of their ownership of approximately 3.3 hectares
only.  And yet, for a little over two
years from December, 1975 to April, 1977, they did nothing to rectify the clear
error in the adjudication to them of the entire­ty of Lot 2984.  On the contrary, on April 12, 1977, Juan
Valbuena asked for the subdivision of Lot 2984 into two lots of 33,594 square
meters and 726,801 square meters, totalling the entire area of 760,385 square
meters of Lot 2984 and the issuance of two titles in their names.  And on April 13, 1977, he also executed an
Affidavit claiming that Lot 2984 was a pasture land when he could not but have
known of the airstrip of the CAA and of the Vocational High School, both
belonging to the Government, in addition to portions owned by other private
persons which were planted to rice, peanuts, garlic, etc.

It is true that on September 18, 1979, the Valbuenas filed a
Petition before the Court of First Instance of Occidental Mindoro, surrendering
TCT No. T-11893 for “determination of the true owner­ship thereof”
but claiming that it still included about 1,406 square meters belonging to
them.  The Petition was filed, however,
only after the initiation of this Complaint and the publication of the news
item entitled “Gov’t land grabbed?” in the Bulletin Today issue of
September 7, 1979.  It will not,
therefore, obliterate the clear attempt to take advantage of a glaring error in
order to own the entirety of Lot 2984. 
The Valbuenas could probably have “gotten away with murder”
had it not been for the filing of this Complaint.  For exposing this anomalous situation,
complainant, Jesus A. Tapales, should be commended.

In his Reply to respondent’s Comment, complainant also prays that
respondent Judge be declared in con­tempt for using harsh words tending to cast
aspersion of complainant’s character and reputation.  While, indeed, respondent cannot deny using
“strong, hurting and harmful epigrams”, he prefaced his comments by
asking that he be excused for doing so because he was merely defending his own
reputation and character.  Under the
circumstances, we deny the contempt citation.

Deputy Court Administrator Buena has recommended the imposition
of a fine instead of suspension because of the lack of Judges in the area who
would have to be designated in the 2nd Municipal Circuit Court of Lubang-Looc,
Occidental Mindoro, during such suspension.

WHEREFORE, the Court imposes upon respondent Municipal
Judge Macario Balcon a fine equivalent to three months’ salary, payable within
thirty (30) days from the finality of the Decision, with a stern warning that a
severer penalty would be meted out in case of repetition of the same or similar
negligent acts.

Let the record of this case be transmitted to the Provincial
Fiscal of Occidental Mindoro, through the Prosecution Division of the Ministry
of Justice, for investigation of the possible criminal liability of Juan S.
Valbuena and such other officials and individuals as may be responsible for his
anomalous acquisition of title over the entire 76 hectares of Lot 2984.

Copy of this Decision shall be attached to the personal record of
respondent Judge.

SO ORDERED.

Teehankee, (Acting Chief Justice), Makasiar, Fernandez, and Guerrero, JJ., concur.

^[1]
p. 91, Rollo.

^[2]
Sta. Maria vs. Ubay, Adm. Matter No. 595-CFI, 87 SCRA 179, 184 (1978).

^[3]
p. 17, Rollo.

^[4]
p. 129, Ibid.