LA TRINIDAD, Benguet – An arrest warrant was
issued by the Municipal Trial Court here against an incumbent kagawad of
Barangay Tawang for “forgery” in the alleged sale of a property owned by the top
officer of a security agency.
This after the Provincial Prosecutors Office was directed by the Dept. of Justice to file the case against respondent Elido T. Cuyangan a.k.a. Olindo T. Cuyangan for selling the lot of complainant Joseph O. Bacduyan here at Tawang.
Bacduyan is operations officer of Baguio-based Casaldo Lyndon Bacmor Security Agency.
Lawyer Cyrus Calaya, counsel of Bacduyan said the arrest warrant against the respondent was recently issued by MTC, La Trinidad under criminal case no. 20208.
This, after the DOJ reversed a decision of the Benguet provincial prosecutor by ordering the latter to file criminal charges for falsification against Elido regarding sale of the lot.
DOJ Regional Prosecutor Nonnatus Caesar R. Roxas in a decision dated Dec. 28, 2020 in San Fernando City, La Union, said “more than four years is yet to elapse before the execution of the questionable deed of sale in favor of Olindo on June 7, 2013, hence he had no ownership to speak of at that point.”
Basing from Roxas’s decision, Bacduyan filed a petition for review with the DOJ assailing the resolutions of the provincial prosecutor of Benguet dated March 12, 2020 and July 3, 2020 which dismissed his complaint for falsification against Olindo.
The OPP-Benguet ruled insufficiency of evidence.
Bacduyan narrated on Dec. 15, 1994, he acquired from Helen Juan Bugtong Siapno the 2,900 sq.m. lot under tax declaration no. 57331.
Although the waiver of rights and quit claim were executed by Siapno on Jan. 6, 2009, Bacduyan claimed actual and continuous possession of the said portion since 1994, although he had not yet transferred it in his name because of tedious and expensive process.
Bacduyan told the DOJ that Olindo had been selling portions of his lot.
When Bacduyan investigated, he learned that Olindo was able to transfer the tax declaration under his name by virtue of deed of sale of unregistered land dated June 7, 2013.
Per the deed of sale, Juan Coyangan, who is married to Dolcina Cuyangan, sold the 4,500 sq.m. lot in the tax declaration to his son Olindo for P50,000.
Bacduyan sought the help of Siapno and Watson Cuyangan who executed joint affidavit in support of his complaint against Olindo.
According to Helen and Watson, Bugtong (one name only) was the original owner of the land located at Banig, Tawang.
Bugtong’s son, William Bugtong Sr., married Elisa Juan, the daughter of Juan Coyangan (spelled with an “o” not “u”.
Having been affiliated through marriage, Bugtong entrusted the said parcel of land to Juan Coyangan.
In turn, Bugtong Sr. assisted his father-in-law in having the land declared in the latter’s name.
Thus tax declaration no. 5733 covering the area of 4,500 square meters was issued in the name of Juan Coyangan which was later revised to assessment of real property no. 2010-03-15-00129.
Aside from Elisa Juan, Juan Coyangan, who was married to Cotingban Benwesan Cuyangan, had other children.
Among them were the witness Watson Cuyangan and Juan B. Cuyangan Jr. (whose surnames are spelled with a “u”, not “o”, the latter being the father of respondent Olindo.
They explained that Juan B. Cuyangan Jr., was more known by his real name Pedring Cuyangan.
Bacduyan, Helen and Watson, branded the deed of sale transferring the whole property of Juan Coyangan to Olindo a falsity because of the following reasons: the true father of Olindo is Juan B. Cuyangan Jr., not the lot owner Juan Coyangan who is his grandfather, the real lot owner.
Juan Coyangan, was not married to Dolicna Cuyangan who is the respondent Olindo’s mother.
The lot owner Juan Coyangan could not have executed the deed of sale on June 7, 2013 because he died in Sept. 10, 1979 as proved by his death certificate.
The true lot owner Juan Coyangan and even Olindo’s father Juan B. Cuyangan Jr. did not know how to read and write so the signature appearing in the deed of sale could not be theirs.
Respondent insisted that his father, Juan Cuyangan, also known as Juan Coyangan, was the true owner of the lot that was transferred to him by deed of sale in 2013.
He denied that Helen was an heir of his father because she a cousin.
He alleged that Helen could not have validly sold a portion of his father’s lot to Bacduyan.
Among other allegations, Olindo said Watson was only his uncle, being the brother of his father.
In his reply Bacduyan insisted that there were two Juan Cuyangans, the Sr. and the Jr. and Olindo’s father was the Jr. who was more popularly known as “Pedring.”
Bacduyan insisted that the true lot owner was the Sr. who was actually Olindo’s grandfather and not his father.
Bacduyan’s allegations were corroborated by Watson and two disinterested persons Albert S. Sabelo and Sammy P. Sali.
In its resolution dated March 12, 2020, the OPP-Benguet dismissed Bacduyan’s complaint for insufficient evidence.
It ruled that questions raised in the case were best raised in a civil proceeding, not a criminal case for falsification.
Bacduyan moved for reconsideration, saying the investigating prosecutor mis-appreciated the facts.
He said the first tax declaration was issued in the name of Juan Coyangan and not to Juan B. Cuyangan Jr. or Pedring Cuyangan who is respondent’s father.
He said the respondent’s father is identified in his documents as Juan B. Cuyangan, thus he is not the same person as Juan Coyangan.
He argued that while respondent admitted to Helen being his cousin and Watson his uncle and brother of his father, he never denied his paternal grandfather was Juan Coyangan.
Bacduyan said in the questioned deed of sale, “it clearly appears that the signatures above the names of vendor Juan Coyangan and his alleged wife Dolcina Cuyangan, have matching strokes and letters similarly written by a single persons.
Bacduyan reserved to present expert testimony of the forgery including proof of ownership of Helen and other evidence.
The DOJ, in its ruling said Bacduyan’s petition was meritorious. “The falsity of the deed of sale in evident from the death certificate of Juan Coyangan who died on Sept. 10, 1979 which proves that he could not have signed the deed of sale since he has been dead for more than 33 years prior to the deed’s execution on June 7, 2013.
“The respondent’s contention that the death certificate that Bacduyan produced is falsified is self-serving and not worthy of belief considering it is a public document and corroborated by the decedent’s own son Watson, granddaughter Helen and two other disinterested persons.
“The respondent did not produce his own witness to corroborate his allegations regarding the falsity of the death certificate of Juan Coyangan nor did he produce his father Juan B. Cuyangan Jr.’s own death certificate.
“Contrary to allegations of the OPP-Benguet, there was never an admission by respondent Olindo on existence of a Juan Sr. and Jr.
“Even in the deed of sale, there was a conscious effort to enter the name of the vendor as Juan Coyangan instead of Juan Cuyangan even if it was indicated that Juan Coyangan’s wife is Dolcina Cuyangan and the vendee’s name who is the vendor’s son is stated as Elido T. Cuyangan, which were both spelled with a “u” instead of the “o” of the lot seller’s surname.”
Bacduyan told the Northern Philippine Times he and his lawyer Cyrus Calaya were moving to have the deed of sale of Olindo over the property nullified.
He said it was only last week that some persons went to his property and put “mohon” (cement or stones signifying ownership of the property).
Bacduyan said he had lots of fruit-bearing Banana trees in the area which he had planted and had been there over the years.
This after the Provincial Prosecutors Office was directed by the Dept. of Justice to file the case against respondent Elido T. Cuyangan a.k.a. Olindo T. Cuyangan for selling the lot of complainant Joseph O. Bacduyan here at Tawang.
Bacduyan is operations officer of Baguio-based Casaldo Lyndon Bacmor Security Agency.
Lawyer Cyrus Calaya, counsel of Bacduyan said the arrest warrant against the respondent was recently issued by MTC, La Trinidad under criminal case no. 20208.
This, after the DOJ reversed a decision of the Benguet provincial prosecutor by ordering the latter to file criminal charges for falsification against Elido regarding sale of the lot.
DOJ Regional Prosecutor Nonnatus Caesar R. Roxas in a decision dated Dec. 28, 2020 in San Fernando City, La Union, said “more than four years is yet to elapse before the execution of the questionable deed of sale in favor of Olindo on June 7, 2013, hence he had no ownership to speak of at that point.”
Basing from Roxas’s decision, Bacduyan filed a petition for review with the DOJ assailing the resolutions of the provincial prosecutor of Benguet dated March 12, 2020 and July 3, 2020 which dismissed his complaint for falsification against Olindo.
The OPP-Benguet ruled insufficiency of evidence.
Bacduyan narrated on Dec. 15, 1994, he acquired from Helen Juan Bugtong Siapno the 2,900 sq.m. lot under tax declaration no. 57331.
Although the waiver of rights and quit claim were executed by Siapno on Jan. 6, 2009, Bacduyan claimed actual and continuous possession of the said portion since 1994, although he had not yet transferred it in his name because of tedious and expensive process.
Bacduyan told the DOJ that Olindo had been selling portions of his lot.
When Bacduyan investigated, he learned that Olindo was able to transfer the tax declaration under his name by virtue of deed of sale of unregistered land dated June 7, 2013.
Per the deed of sale, Juan Coyangan, who is married to Dolcina Cuyangan, sold the 4,500 sq.m. lot in the tax declaration to his son Olindo for P50,000.
Bacduyan sought the help of Siapno and Watson Cuyangan who executed joint affidavit in support of his complaint against Olindo.
According to Helen and Watson, Bugtong (one name only) was the original owner of the land located at Banig, Tawang.
Bugtong’s son, William Bugtong Sr., married Elisa Juan, the daughter of Juan Coyangan (spelled with an “o” not “u”.
Having been affiliated through marriage, Bugtong entrusted the said parcel of land to Juan Coyangan.
In turn, Bugtong Sr. assisted his father-in-law in having the land declared in the latter’s name.
Thus tax declaration no. 5733 covering the area of 4,500 square meters was issued in the name of Juan Coyangan which was later revised to assessment of real property no. 2010-03-15-00129.
Aside from Elisa Juan, Juan Coyangan, who was married to Cotingban Benwesan Cuyangan, had other children.
Among them were the witness Watson Cuyangan and Juan B. Cuyangan Jr. (whose surnames are spelled with a “u”, not “o”, the latter being the father of respondent Olindo.
They explained that Juan B. Cuyangan Jr., was more known by his real name Pedring Cuyangan.
Bacduyan, Helen and Watson, branded the deed of sale transferring the whole property of Juan Coyangan to Olindo a falsity because of the following reasons: the true father of Olindo is Juan B. Cuyangan Jr., not the lot owner Juan Coyangan who is his grandfather, the real lot owner.
Juan Coyangan, was not married to Dolicna Cuyangan who is the respondent Olindo’s mother.
The lot owner Juan Coyangan could not have executed the deed of sale on June 7, 2013 because he died in Sept. 10, 1979 as proved by his death certificate.
The true lot owner Juan Coyangan and even Olindo’s father Juan B. Cuyangan Jr. did not know how to read and write so the signature appearing in the deed of sale could not be theirs.
Respondent insisted that his father, Juan Cuyangan, also known as Juan Coyangan, was the true owner of the lot that was transferred to him by deed of sale in 2013.
He denied that Helen was an heir of his father because she a cousin.
He alleged that Helen could not have validly sold a portion of his father’s lot to Bacduyan.
Among other allegations, Olindo said Watson was only his uncle, being the brother of his father.
In his reply Bacduyan insisted that there were two Juan Cuyangans, the Sr. and the Jr. and Olindo’s father was the Jr. who was more popularly known as “Pedring.”
Bacduyan insisted that the true lot owner was the Sr. who was actually Olindo’s grandfather and not his father.
Bacduyan’s allegations were corroborated by Watson and two disinterested persons Albert S. Sabelo and Sammy P. Sali.
In its resolution dated March 12, 2020, the OPP-Benguet dismissed Bacduyan’s complaint for insufficient evidence.
It ruled that questions raised in the case were best raised in a civil proceeding, not a criminal case for falsification.
Bacduyan moved for reconsideration, saying the investigating prosecutor mis-appreciated the facts.
He said the first tax declaration was issued in the name of Juan Coyangan and not to Juan B. Cuyangan Jr. or Pedring Cuyangan who is respondent’s father.
He said the respondent’s father is identified in his documents as Juan B. Cuyangan, thus he is not the same person as Juan Coyangan.
He argued that while respondent admitted to Helen being his cousin and Watson his uncle and brother of his father, he never denied his paternal grandfather was Juan Coyangan.
Bacduyan said in the questioned deed of sale, “it clearly appears that the signatures above the names of vendor Juan Coyangan and his alleged wife Dolcina Cuyangan, have matching strokes and letters similarly written by a single persons.
Bacduyan reserved to present expert testimony of the forgery including proof of ownership of Helen and other evidence.
The DOJ, in its ruling said Bacduyan’s petition was meritorious. “The falsity of the deed of sale in evident from the death certificate of Juan Coyangan who died on Sept. 10, 1979 which proves that he could not have signed the deed of sale since he has been dead for more than 33 years prior to the deed’s execution on June 7, 2013.
“The respondent’s contention that the death certificate that Bacduyan produced is falsified is self-serving and not worthy of belief considering it is a public document and corroborated by the decedent’s own son Watson, granddaughter Helen and two other disinterested persons.
“The respondent did not produce his own witness to corroborate his allegations regarding the falsity of the death certificate of Juan Coyangan nor did he produce his father Juan B. Cuyangan Jr.’s own death certificate.
“Contrary to allegations of the OPP-Benguet, there was never an admission by respondent Olindo on existence of a Juan Sr. and Jr.
“Even in the deed of sale, there was a conscious effort to enter the name of the vendor as Juan Coyangan instead of Juan Cuyangan even if it was indicated that Juan Coyangan’s wife is Dolcina Cuyangan and the vendee’s name who is the vendor’s son is stated as Elido T. Cuyangan, which were both spelled with a “u” instead of the “o” of the lot seller’s surname.”
Bacduyan told the Northern Philippine Times he and his lawyer Cyrus Calaya were moving to have the deed of sale of Olindo over the property nullified.
He said it was only last week that some persons went to his property and put “mohon” (cement or stones signifying ownership of the property).
Bacduyan said he had lots of fruit-bearing Banana trees in the area which he had planted and had been there over the years.
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