G.R. No. 192698-99 - Zapanta vs. People

Raymundo E. Zapanta (petitioner) and Atty. Aludia P. Gadia (co-accused), both employees at the Registry of Deeds (RD), Davao City, were charged with:

Violation of Section 3(e) of Republic Act (R.A.) No. 3019 (Anti-Graft and Corrupt Practices Act) in Criminal Case No. 27502.
Infidelity in the Custody of Documents under Article 226 of the Revised Penal Code (RPC) in Criminal Case No. 27503.

The charges stemmed from alleged irregularities involving Transfer Certificate of Title (TCT) No. T-285369 and the original TCT No. T-256662, including the issuance of a derivative title without proper cancellation of the original and disappearance of the original title from the RD vault.

In January 1996, a loan was granted by Dr. Manuel T. Ang, Sr. involving the mortgage of a lot covered by TCT No. T-256662. The mortgage was annotated in the said title.
Later, Dr. Ang learned that TCT No. T-256662 was allegedly cancelled and replaced by two derivative titles, with TCT No. T-285369 registered under First Oriental Property Ventures, Inc. (FOPVI), allegedly benefiting this corporation unjustly and prejudicing Dr. Ang’s mortgage.
Dr. Ang formally requested certified true copies of TCT No. T-256662, but the original was reported missing from the RD vault.
An investigation by the Presidential Anti-Organized Crime Task Force (PAOCTF) and the Ombudsman followed, confirming the title’s disappearance and irregularities.

Arrest orders and hold departure orders were issued; accused posted bail and entered pleas of “Not Guilty.”
Trial ensued with testimonies from witnesses including Dr. Ang, police investigators, and RD officials.
Testimony revealed that:

The original TCT No. T-256662 was removed and disappeared without proper cancellation noted.
TCT No. T-285369 was issued without the mortgage annotation being carried over. This was considered spurious and unjustly benefitted FOPVI.
Procedural lapses and irregularities were highlighted in the handling and recording of the titles.

Atty. Gadia defended her signature on the titles but denied knowledge or participation in the disappearance or irregular issuance; she pointed to procedural delays and “pending transactions” as reasons for irregular filing.
Zapanta, the vault keeper, denied involvement in the removal or disappearance of the original title, claiming his role was simply custodial and that others had access to the vault as well.

On October 29, 2009, the Sandiganbayan found both Atty. Gadia and Zapanta guilty beyond reasonable doubt of the charges.
Sentences imposed included imprisonment and perpetual disqualification from public office, with joint and several indemnification to Dr. Ang amounting to P500,000.00.
Zapanta’s motion for reconsideration was denied on June 10, 2010.

Zapanta filed a petition for review on certiorari contesting both his conviction and the finding of conspiracy with Atty. Gadia.
He raised specific assignments of error, particularly contesting:

His alleged custody or control over TCT No. T-256662 while outside the vault.
The absence of proof that he “removed” the original title or conspired in the crimes.
Alleged lack of participation or knowledge in the issuance of the derivative title TCT No. T-285369.
That, at most, any wrongdoing was mere criminal negligence, not a violation of R.A. No. 3019.

Whether the evidence was sufficient to prove Zapanta’s guilt beyond reasonable doubt for:

Whether there was sufficient evidence to establish conspiracy between Zapanta and Atty. Gadia to commit the charged offenses.