Ombuds: Charge village chief in court

CEBU, Philippines - The Office of the Ombudsman in Visayas has recommended the fililng of a case against barangay Umapad captain Zaldy Lumapas in court for falsification of public document.

A five-page resolution approved by Deputy Ombudsman for the Visayas Pelagio Apostol states that there is probable cause to charge Lumapas in court with falsification of public document for preparing a document labeled “Affidavit of Adjoining Owner” that was made to appear to have been executed by a certain Salvador Ang on October 28,2005when in truth Ang did not actually execute it. The 2009 resolution was received by the barangay only this week.

The forged affidavit was later used as a supporting document for the issuance of Tax Declaration No. 0231 issued by the Office of the City Assessor of Mandaue City, and the succeeding tax declarations springing forth from Tax Declaration No. 0231, all of which declaring Lumapas as the landowner.

Complainant Marietta Tuñacao had alleged that  Lumapas forged  the signature of Ang on the “Affidavit of Adjoining Owner” executed in October 28,2010 before notary public Nenita  Ceniza Layese.

 In the affidavit, Ang seemingly declared that he is the owner of the lot adjoining the respondent’s property located in barangay Umapad with an area of 1,078  square meters.

Ang further professed that the respondent’s property does not encroach on his (Ang’s) lot and has no objection to the issuance of a tax declaration for respondent’s property, in respondent’s name.

The affidavit was then used by the respondent as one of the supporting documents to his request for an amendment of a lot area which he filed with the Asessor’s Office in Mandaue City.

However, Lumapas expressly declared that he has no knowledge or participation  in the execution and submission  of the “affidavit of adjoining owner” executed by Ang.

The respondent recalled that  he came to acquire a parcel of land situated at Purok Tambis in barangay Umapad from his mother in law Bebiana Villanueva, who waived in respondent’s favor her rights over the property as they agreed that the property would have to be declared for taxation purposes.

Because of this they engaged the services of one Benjamin Abaño to process and follow-up the issuance of the said tax declaration  and entrusted everything to him until he was later issued Tax Declaration No. 02031 covering an area of 1,078 square meters.

The respondent said the basis for the issuance of the tax declaration were the following documents: a) a letter dated October 2, 2002 from DENR, b.) Affidavit of Adjoining Owner subscribed before Layese and c.) waiver of rights executed before Layese.

However, the respondent said he did not know about the submission of these documents as it was Abano who take care of everything.

However ,Brenda Seboa,the investigating officer in her resolution said the subject  affidavit of Ang which was used  in connection with the issuance of a tax declaration  for respondent’s property was a falsified document since the  sworn statement subsequently executed by Ang who denied  having executed the affidavit  is itself a convincing  evidence.

And that the respondent’s defense which is a mere denial of the allegations of the complaint is “weak.”

Seboa said that in engaging the services of Abaño to process whatever is necessary for the desired issuance of tax declaration, respondent did not only  authorize  Abano to act on his behalf ,he likewise assumed the risks of consequences of Abaño’s act.

“Respondent therefore, cannot conveniently extricate himself from liability and allude to Abano as the fall guy like he had absolutely nothing to do with subject transaction.

Such a line of defense is too deep to be prioritized in this preliminary investigation over the unquestionable link between respondent and the dubious document,” the resolution states. — THE FREEMAN