Wednesday, July 19, 2006

STIFFER PENALTY FOR TORRENS TITLES ‘FAKERS’

For: CustomsWeek Desk
attn: Inday Varona / Mitos Garcia
c/o Bobby Nazareno
fax no - 5275349
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by: Terence Mordeno Grana

THE TORRENS system, as an instrument of social and economic growth and development, has a vital role in stimulating commerce and trade as business transactions are facilitated by the use of titled properties as a source of capital investment.

It is also a symbol of peace and prosperity as rights of ownership over property which becomes incontrovertible once title to property is issued in favor of the registered owner, thus settling conflicts over property and ensuring economic well-being.

However, the proliferation of fake or fabricated Torrens Certificates of Title in the country is inevitably rampant nowadays, victimizing the unsuspecting public whose only aim in life is to be able to acquire lands paid for by their hard-earned money.

These fake or fabricated titles are foisted as genuine titles upon the victims who later on discover to their dismay that what they have paid with their fortune is not even worth the paper on which the titles are printed.

To abate this illegal practice, the House Committee on Justice chaired by Laguna Representative (Rep.) Joaquin Chipeco deliberated House Bill (HB) No. 212 introduced by Mandaluyong City Rep. Neptali Gonzales II, HB 314 filed by Samar Rep. Rodolfo Tuazon, HB 346 authored by Quezon City Rep. Dante Liban, and HB 2702 of Quezon City Rep. Michael Defensor, which seek to define the graduated penalties to be imposed on those unscrupulous persons who use or sell fake or fabricated titles.

After a series of meetings, the committee consequently decided to report out the measures, substituting these in Committee Report (CR) No. 418 that contains HB 8079 which was submitted last August 10, recommending to House Speaker Manuel Villar, Jr. the approval of the instant bill.

In the report, the committee recommended that any private individual found guilty of faking or fabricating Torrens Certificates of Title, or in any manner, knowingly deal in transactions using these instrument shall suffer the penalty of reclusion temporal in its minimum to medium period, and a fine of P100,000.00.

The measure further explained that in case the offender is a public employee, officer/official, or notary and is found guilty of utilizing the resources, manpower or the functions of the office, he shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua, and a fine of P150,000.00.

The penalty of reclusion perpetua, the bill added, shall be imposed on syndicates or group of private individuals found guilty of the acts defined in the proposal, if committed in large proportions equivalent to economic sabotage, however, if committed by syndicates or group of public employees, officers/officials, the penalty of death shall be imposed.

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