Case Summary (G.R. No. 207059)
Relevant Agreements and Actions
Due to its financial predicament, ASB Realty entered a Memorandum of Agreement (MOA) with Malayan Insurance Co., Inc. (MICO) on April 30, 2002, wherein MICO would develop the project as Malayan Plaza. The MOA stipulated that ASB Realty would retain certain condominium units and parking spaces, which were originally listed in multiple schedules within the MOA.
Issuance of Condominium Certificates
On March 11, 2015, the Register of Deeds of Pasig City, Espenesin, issued Condominium Certificates of Title (CCTs) in the name of ASB Realty Corporation. However, this issuance was followed by an alteration where the name of ASB was removed and replaced by MICO’s name without any court order, leading to ASB’s claim of wrongful alteration of ownership.
Legal Action and Ombudsman Decision
In response to the alteration, ASB Realty filed a complaint for falsification and violation of certain anti-graft provisions against Espenesin at the Office of the Ombudsman. Espenesin defended his actions, claiming to have made corrections under the guidance of Atty. Francis Serrano. The Ombudsman dismissed the complaint, concluding there was insufficient evidence of falsification, determining that alterations made before the entry into the registration book were permissible.
Court of Appeals Ruling
ASB Realty then sought a review from the Court of Appeals, which upheld the Ombudsman’s decision. The CA ruled that Espenesin acted in good faith and that the ownership issues were to be resolved through appropriate legal channels rather than through administrative proceedings.
Legal Issues Under Consideration
The primary legal issue examined was whether Espenesin's actions constituted administratively actionable misconduct for altering the CCTs. This consideration was influenced by parallel proceedings in G.R. Nos. 192685 and 199115, wherein Espenesin was found administratively liable for similar acts.
Res Judicata Principle
The Court highlighted the principles of res judicata, asserting that the findings in the previous cases concerning Espenesin’s actions were binding. The elements of identity of parties, subject matter, and causes of action were
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Case Background
- The case involves ASB Realty Corporation (petitioner), represented by Elena F. Felipe, versus Policarpio L. Espenesin (respondent), who was the Register of Deeds of Pasig City.
- The conflict arose from a Petition for Review challenging the Decision dated January 31, 2013, and the Resolution dated April 29, 2013, of the Court of Appeals (CA), which affirmed the dismissal by the Office of the Ombudsman concerning complaints of falsification of condominium certificates and violations of Republic Act No. 3019.
Relevant Antecedents
- ASB Realty Corporation was the original developer of a condominium project initially named ASB Malayan Tower, which was halted due to financial difficulties.
- The company executed a Memorandum of Agreement (MOA) on April 30, 2002, with Malayan Insurance Co., Inc. (MICO) to complete the project, which had been renamed Malayan Plaza.
- Under the MOA, ASB Realty was entitled to a portion of the net saleable areas and specific units/parking spaces.
- Initially, 53 units and 38 parking spaces were reserved for ASB Realty, but after consolidation, this number decreased to 39 units.
- On March 11, 2015, the Register of Deeds issued 36 Condominium Certificates of Title (CCTs) in the name of ASB Realty, which were later found to have ASB's name erased and replaced with MICO's name.
Allegations and Complaints
- ASB Realty filed a complaint for falsification of documents under Article 171(6) of the Revised Penal Code and violations of Sections 3(a) and (e) of R.A. No. 3019, claiming unauthorized alterations of the CCTs.
- The respondent contended that