Case Digest (A.M. No. P-02-1644)
Facts:
- Complaint filed against Atty. Luningning Y. Centron, Acting Clerk of Court at the Regional Trial Court in Calapan City, Oriental Mindoro
- Complaint filed by Arnel S. Cruz
- Accused Centron of assisting in the illegal sale of a parcel of land and the disappearance of the original certificate of title (OCT)
- Centron prepared and notarized documents for the sale of the land, which was still the subject of "reconstitution and Extra-Judicial Settlement among the heirs"
- Buyers charged with estafa through falsification of public documents
- Centron alleged to be involved in the disappearance of the OCT and refused to surrender it
Issue:
- (Unlock)
Ruling:
- Centron found guilty of abuse of authority
- Other allegations dismissed
- Centron ordered to pay a fine of P2,000.00...(Unlock)
Ratio:
- Insufficient evidence to prove Centron's direct and instrumental participation in the preparation of documents and the subsequent sale of the land
- Notarizing the deed of sale not within Centron's official function and duty, constituting abuse of authority
- Centron not directly linked to the sale
- Sworn affidavit of one of the buyers contradicted the allegation that Centron influenced them in buying the property
- No competent evidence to prove Centron responsible for the disappearance of the OCT
- Centron found guilty of violating provisions of the Revised Administrative Code ...continue reading
Case Digest (A.M. No. P-02-1644)
Facts:
The case of Cruz v. Centron involves a complaint against Atty. Luningning Y. Centron, the Acting Clerk of Court of RTC-OCC, Calapan City. The complaint alleges Centron's involvement in the illegal sale of a parcel of land and the disappearance of the original certificate of title. The complainant, Arnel S. Cruz, claims that Centron assisted in the sale of the land by preparing and notarizing the documents of sale. As a result, the buyers were charged with estafa through falsification of public documents. Cruz also accuses Centron of being involved in the disappearance of the original certificate of title and refusing to surrender it.
Issue:
The main issue in this case is whether Atty. Luningning Y. Centron is guilty of the charges against her, specifically her involvement in the illegal sale of the land and the disappearance of the original certificate of title.
Ruling:
The Supreme Court found Atty. Luningning Y. Centron guilty of abuse of authority. However, she was acquitted of the charges of illegal sale of the land and the disapp...