Anti-graft court acquits former Cabanatuan chief, voids 49-year prison sentence

The Sandiganbayan points out that prosecutors have failed to prove the former city official’s gross negligence or corrupt intentions

MANILA, Philippines – Anti-graft court Sandiganbayan has reversed a regional trial court’s decision in the conviction of a former head of the registry of deeds of Cabanatuan City in Nueva Ecija.

The Sandiganbayan 1st Division issued a 25-page ruling on Tuesday, October 15, setting aside the Cabanatuan Regional Trial Court’s June 5, 2023 ruling against Fidel Ortaleza.

Ortaleza was convicted by the Cabanatuan District Court in 2023 on seven counts of violating the Anti-Graft and Corrupt Practices Act.

However, the Sandiganbayan acquitted Ortaleza of all charges and revoked the sentences imposed by the regional trial court, which included six to seven years in prison for each charge, for a total maximum of 49 years, along with a lifetime ban from holding public office.

Ortaleza was accused of causing harm to the couple Marvin Carlos and Virginia Paez by approving the registration of deeds of absolute sale for their properties, even though the applications did not meet the required documentation. This resulted in the cancellation of the Paezes’ land titles, allowing their properties to be sold without their knowledge.

The transactions were made possible by a general power of attorney to Tereso Paez. As a result of Ortaleza’s actions, new titles were issued to the spouses Ros Gideon and Rebecca Paez.

Prosecutors argued that Ortaleza’s endorsement was illegal, claiming that only a special power of attorney, which clearly defined the holder’s authority, was acceptable for such transactions.

In 2023, the Cabanatuan Regional Court held Ortaleza responsible for gross negligence, although it did not find sufficient evidence to prove bad faith on his part. The Sandiganbayan rejected it.

The anti-graft court stated: “The mere fact that the registration of the sale deeds involved in these cases is contrary to the provisions of the Civil Code cannot be the sole basis for a prosecution under the Anti-graft Graft and Corrupt Practices Act. ”

It also noted that the civil disputes had been resolved through a compromise agreement between the original property owners and the new titleholders.

The Sandiganbayan decision, written by Associate Justice Bayani Jacinto, with Justices Maria Theresa Mendoza Arcega and Juliet Manalo-San Gaspar, noted that the plaintiffs failed to prove gross negligence.

“The Court cannot simply conclude that the act of the accused, namely registering the deeds of sale, in itself can be characterized as gross, inexcusable negligence, because the circumstances surrounding his actions, from which the Court can infer how he performed the act complained about, not shown,” read part of the decision.

The ruling emphasized that mistakes by public officials are not actionable without clear evidence of malice or gross negligence. The court said that although Ortaleza was negligent, prosecutors showed no corrupt intent.

It ruled: “Combined with the lack of evidence of actual harm or injury suffered by private complainants, the Court finds that he is entitled to an acquittal on the grounds of reasonable doubt.” – Rappler.com