A.M. No. 53-MJ (January 31. 1974)
Corpus vs. Cabaluna
FACTS:
Lourdes Corpus was declared the owner of two parcels of land located in Barrio Bugang Municipality of Alimodian on September 5, 1955 by the Court of First Instance of Iloilo and was affirmed by the Court of Appeals on February 26, 1963.
On July 30, 1963, Adriano Camarista executed deed of sale to the Cabalfin couple and the document was ratified by Municipal Judge of Alimodian, Mr. Cipriano P. Cabaluna, Jr., for the cadastral land 1762, which apparently was the same land litigated in the civil case of Corpus.
Corpus charged Judge Cabaluna with having committed “gross fraud” for ratifying a deed of sale of cadastral land 1762 despite the Judge’s supposed knowledge of the pendency of the civil case before the Court of Appeals.
ISSUE:
Whether or not the ratification of the deed of sale by the respondent makes him guilty of “gross fraud”.
RULING:
For the charge of “gross fraud” to prosper there is need of clear and convincing evidence that respondent knew that one of the parcels involved in civil case 2843 and adjudicated to complainant was the same property which he awarded o the Cabalfin couples in the cadastral proceeding: such evidence is, however, wanting in the record of this case.
Fraud is serious charge which cannot be lightly inferred from allegations or circumstances surrounding a particular situation, but must be supported by clear and convincing proof.
Complainant’s failure to bring out that the respondent was cognizant of the relation of the property involved in the civil case to the land applied for in the cadastral proceeding, shows that the respondent could not have connived with the claimant Camarista and/or the Cabalfins in causing the approval of the latter’s claim over the land in question to the prejudice of the rights of the complainant.
The respondent was exonerated and the charge was dismissed.
