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The Sandiganbayan points out that prosecutors failed to prove gross negligence or corrupt intent on the part of the former city official
MANILA, Philippines – The anti-graft court Sandiganbayan has reversed the decision of a regional court in convicting a former head of registry of the deeds of Cabanatuan City in Nueva Ecija.
The 1st Division of the Sandiganbayan issued a 25-page ruling on Tuesday, October 15, striking down the June 5, 2023 decision by the Cabanatuan Regional Trial Court against Fidel Ortaleza.
Ortaleza was convicted by the Cabanatuan court in 2023 on seven counts of violating the Anti-Graft and Corrupt Practices Act.
The Sandiganbayan, however, cleared Ortaleza of all charges and canceled the penalties imposed by the regional court, which included six to seven years in prison for each count, totaling up to 49 years, along with a lifetime ban from public office.
Ortaleza was accused of causing damage to couple Marvin Carlos and Virginia Paez by approving the entry of deeds of absolute sale for their properties, even though the applications did not meet required documentation. This resulted in the cancellation of the Paezes’ land titles, allowing their properties to be sold without their knowledge.
The transactions were facilitated by a general power of attorney given to Tereso Paez. As a result of Ortaleza’s actions, new titles were issued to spouses Ros Gideon and Rebecca Paez.
Prosecutors argued that Ortaleza’s approval was illegal, claiming only a special power of attorney, which clearly defined the holder’s authority, was acceptable for such transactions.
In 2023, the Cabanatuan regional court held Ortaleza responsible for gross negligence although it did not find sufficient evidence to prove bad faith on his part. The Sandiganbayan rejected it.
The anti-graft court stated, “The mere fact that the registration of the deeds of sale involved in these cases are contrary to the provisions of the Civil Code cannot be the sole basis of a prosecution under the Anti-Graft and Corrupt Practices Act.”
It also noted that the civil disputes had been resolved through a compromise agreement between the original property owners and the new titleholders.
The Sandiganbayan decision, penned by Associate Justice Bayani Jacinto, with Justices Maria Theresa Mendoza Arcega and Juliet Manalo-San Gaspar concurring, pointed out that prosecutors failed to prove gross negligence.
“The Court cannot simply conclude that accused-appellant’s act of registering the deeds of sale, by itself, can be characterized as gross inexcusable negligence because the circumstances surrounding his actions, from which the Court may deduce how he performed the act complained of, have not been shown,” read part of the decision.
The ruling stressed that public officials’ mistakes are not prosecutable without clear proof of malice or gross negligence. The court said that while Ortaleza was negligent, prosecutors did not show a corrupt intent.
It ruled: “Coupled with the lack of evidence of actual damage or injury suffered by private complainants, the Court finds that he is entitled to an acquittal on the ground of reasonable doubt.” – Rappler.com
