Lawyer cleared of misconduct raps

CEBU, Philippines - The Office of the Ombudsman-Visayas cleared lawyer Benedicto Taylan of the Mandaue City Register of Deeds Office for administrative complaint for insufficient evidence.

Graft investigator Alfred Yann Oguis said the complainant failed to present evidence Taylan was guilty of misconduct or abuse of authority. 

Michael Ouano alleged on Oct. 3, 1979 Transfer Certificate of Title No. 14066 was issued by then Register of Deeds Antolin Ouano to them.

“TCT No. 14066 refers to a parcel of land situated in Barangay Opao, Mandaue City, with an area of 4,400 square meters, in the name of Thadeo Ouano married to Linda, Michael Ouano married to Sylvia and Fidelis Ouano with residence and postal address at Opao, Mandaue City, subject to a usufructuary right over the parcel of land described in favor of Dolores Zambo,” the case facts read.

Michael said on Jun. 17, 2008 Taylan issued TCT No. MR-779 T(63866) that cancelled TCT No. 14066 and issued in favor of Rafael Ouano and himself.

He said the new title was anomalous as he never bought the property with Rafael and the new title did not reserve “usufruct” for Zambo. He added on Sept. 25, 2008, he wrote a letter to Taylan asking to revoke the new land title.

In his counter-affidavit Taylan claimed he was merely performing his job. He added he has no authority to inquire whether or not the documents sought to be registered were true.

He added he denied the request of the complainant to revoke the new title citing their office has no jurisdiction to determine the title.

Oguis agreed with the argument of the respondent.

“We agree with the assertion of the respondent that questions regarding the effect or invalidity of instruments are expected to be decided after, not before, registration. It must follow as a necessary consequence that registration must first be allowed and validity or effect litigated afterwards,” the decision read.    - THE FREEMAN