plication could not be ascertained. The Records Officer testified that the Free Patent Application contained as supporting documents (among others) a photocopied copy of the survey plan in the name of Felipe Fernandez, and an alleged Transfer of Rights signed by Felipe Fernandez in favor of Baikong Akang Camsa covering the said lots.
The carpeta of the FP application was taken by Karim in his capacity as Chief of the Land Management Section of the CENRO, Isulan, Sultan Kudarat. The application should have returned to the Records Officer for recording and subsequent transmittal to the CENRO (Pamplona), whether for “approval, patentable, noted or rejected”, with duplicates kept at the Records Office. No such duplicate copies exist, thus the Records Officer concludes that the papers were never returned, and could not have passed through the CENRO.
Felipe Fernandez later testified that he had never seen the alleged deed of transfer of rights covering the lots in question, and that he did not execute said document. He instead said he recalled having donated his rights in favor of PEEI in writing. He said the alleged “transfer of conveyance” in favor of the Akang heirs was completely fraudulent for the following reasons: he does not know them, he never met them, he never entered into any transaction with them, and that he was out of the country for seven years from 1992 until 1999. Karim admitted in his testimony that he did not refer the Free Patent application of the heirs of Akang Simpal to his immediate superior, OIC CENRO Pamplona. He said he was acting in haste on the said FP Application. He could not even ascertain that the heirs of Akang Simpal paid the taxes on the land at the time of their filing of the Free Patent application.
A public land application cannot be assigned a new number if there is an existing land application over the same parcel of land, unless there is a quit-claim deed or transfer of rights over the land in favor of an applicant. However, the Records Officer had assigned a number (FP Application No. 126504-288) for the Free Patent application by the Akang heirs, despite the previous Sales Application by PEEI, allegedly on the basis of the “transfer of conveyance” allegedly executed in favor of the Akang heirs by Felipe A Fernandez. 74 which was later ascertained by Felipe Fernandez as a fraudulent document. The Records Officer had allegedly told Karim to “double check” the said application, since OIC CENRO Pamplona had earlier signed a patentable report relative to the Sales Application filed by PEEI.
During the investigation on the misconduct of Karim, et.al, Alicia Flores, Records Officer of the CENRO-DENR in Sultan Kudarat, declared (in a sworn statement and in direct testimonies in court) that Baguindali Karim took the Free Patent Application of the heirs of Akang Simpal from the Records Office on Sept ember 24, 1994 for processing, but did not return them to her.
Baikong Camsa on December 4, 1996 mortgaged a portion of the parcel of land in dispute (CMT and playground of King’s College), using the Free Patent obtained from DENR (TCT No 35549 for Lot 3, the second lot in question, measuring 12,757 square meters or 1.275 hectares) to secure the indebtedness of one Joenel Moises (now deceased), by way of a loan in the
119
Land Tenure Book 1001.indd 119
Land Tenure Stories in Central Mindanao
10/1/09 11:19 AM