Republic of the Philippines

SUPREME COURT
Manila

FIRST DIVISION

IRENEO R. MAITEM, substituted by

His Heirs, namely;
VICTORIANA MAITEM, et al.,
Petitioner,
GR No. 240271
-versus-

DOROTEA B. CABRERA, substituted by

Her Heirs, namely;
SALVADOR T. BERTULFO, et. al.,
Respondents.
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COMPLIANCE

The Registry of Deeds of Southern Leyte, thru its OIC Register of

Deeds, Lemy L. Loteyro, unto this Honorable Court, respectfully avers:

1. This Office received its copy of this Honorable Court’s Notice

informing the former, among other things, of the Resolution dated
July 15, 2019 and the non-compliance by the Asis Aguilar and
Associate Law Office, counsel for the private respondents in this
particular case, the Community Environment and Natural Resources
Office-DENR and the Registry of Deeds of Southern Leyte of the
order to file a comment on the petition for review on certiorari as
required in the Resolution dated August 20, 2018.

2. Incidentally, this Honorable Court, in the aforementioned Notice,

required this office to SHOW CAUSE within ten (10) days from
receipt thereof why this public respondent should not be disciplinarily
dealt with or held in contempt of court. Hence, this compliance is
filed.

3. This Office, respectfully begs the indulgence of this Honorable Court

and likewise humbly requests its understanding and leniency for any
honest lapses for which the undersigned may be reasonably held
accountable for. The undersigned failed to file the required comment
as no copy of the said Resolution was received by the herein public
respondent. Had the said resolution been received, compliance thereof
could have been made as the undersigned is cognizant of the
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consequences of the non-compliance of any lawful order of the

Honorable Court.

4. As to the required comment on the petition for review on certiorari,

the undersigned respectfully emphasizes that the Registry of Deeds of
Southern Leyte is only a nominal party to the case. The same is not
required to participate in the adjudication of rights of the private
parties over the subject property. Notwithstanding, the undersigned
respectfully informs this Honorable Court of the status of the subject
title, to wit;

a) Per record of this office, Lot 5122 was formerly covered by a

Free Patent Title with Title No. 38632 and was issued to the
Hrs. of Venancio Tillo, represented by Dorotea B. Cabrera.
Said Free Patent Title was approved by PENR Officer Alejo M.
Necesito Sr. on August 1, 1996 and was registered in this
Registry by Atty. Bethany G. Kapili, the Register of Deeds, on
December 26, 1996;

b) Reliance on the presumption of regularity on the performance

of the official duties of the issuing agency, DENR in this
particular case, and after verification that no previous Title was
issued over Lot 5122, this Registry, in the performance of its
ministerial function, registered the said Original Certificate of
Title;

c) Subsequently, the said Free Patent Title was cancelled by virtue

of a Deed of Confirmation and Acknowledgment executed by
Isabela Rodriguez, et. al., in favor of Dorotea B. Cabrera. As a
result, TCT No. T-8423, covering Lot 5122, was issued in favor
of Dorotea B. Cabrera. The same was registered on August 20,
2002 by the Ex-Officio Register of Deeds, Antonino G. Ruiz;

d) Also, Lot 5144 is covered by a Free Patent Title. Said Free

Patent Title was issued on August 1, 1996 by PENR Officer
Alejo M. Necesito Sr. and was registered in this Registry on
December 26, 1996 by the Register of Deeds, Atty. Bethany G.
Kapili;

5. The Registry of Deeds of Southern Leyte, thru the undersigned,

humbly manifests that whatever is the result of the subject case and
whatever orders and/or decisions that this Honorable Court may issue
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relative to the subject title, this Registry is very much willing to

perform and implement the same;

RELIEF

WHEREFORE, in light of the foregoing, the undersigned

respectfully prays that this Honorable Court:

1. NOTE this Compliance;

2. CONSIDER as having SUFFICIENTLY EXPLAINED the

public respondent’s failure to comply the August 20, 2018
Resolution; and

Other reliefs, just and equitable under the premises are likewise
prayed for.

Maasin City for Manila.

LEMY L. LOTEYRO
OIC- Register of Deeds
Registry of Deeds Southern Leyte

Copy furnished:

RANCES LAW OFFICE Provincial Assessor’s Office of Southern

Counsel for Petitioner Leyte
P. Burgos Street, Barangay Tinago Provincial Capitol Building, Asuncion
Bato, 6525 Leyte Maasin City, 6600 Southern Leyte

Community Enviroment and Natural ASIS AGUILAR and ASSOCIATE

Resources Office – DENR LAW OFFICE
CENRO Building, Asuncion Counsel for Respondents
Maasin City, 6600 Southern Leyte Tunga-tunga, Maasin City, Southern
Leyte

EXPLANATION

(In accordance with Rule 13, Section 11 of the 1997 Rules of Civil Procedure)
 4

Due to distance, time constraints, and insufficient manpower, personal

filing and service of this Compliance was not resorted to and instead copies
of the same were sent by registered mail with attached registry receipts.

LEMY L. LOTEYRO
Republic of the Philippines
Province of Southern Leyte
City of Maasin

VERIFICATION

I, LEMY L. LOTEYRO, the current OIC Register of Deeds of the

Registry of Deeds for Southern Leyte, do hereby depose and say that;
1. I caused the preparation and filing of this compliance/comment in
relation to the August 20, 2018 and July 15, 2019 Resolutions of this
Honorable Court;

2. All the allegations contained therein are all true and correct to the best
of my knowledge and based also on public records;
IN WITNESS WHEREOF, I have hereunto affixed my signature this
_______ of _____, 2019 at Maasin City, Southern Leyte, Philippines.

LEMY L. LOTEYRO
Affiant
____________________

SUBSCRIBED AND SWORN to before me this _______ day of

________, 2019 at _________________ by the affiant who has
satisfactorily proven her identity to me through her competent evidence
of identity indicated below her name ___________________.
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Doc. No._______

Page No. ______

Book No. ______

Series of 2019

Republic of the Philippines

Province of Southern Leyte
Maasin City

AFFIDAVIT OF SERVICE WITH EXPLANATION

I , LEMY L. LOTEYRO, Filipino, of legal age, married and

presently residing at Brgy. Asuncion, Maasin City, Southern Leyte, do
hereby depose and state;
1. That I am currently the OIC Register of Deeds of the Registry
of Deeds for the Province of Southern Leyte;

2. That I had served a copy of the Compliance to the following;

a) RANCES LAW OFFICE

Counsel for Petitioner
P. Burgos Street, Barangay Tinago
Bato, 6525 Leyte
By: Registered Mail
Registry Receipt No._________
Date:
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b) Community Enviroment and Natural

Resources Office – DENR
CENRO Building, Asuncion, Maasin City
By: Personal Service
Date:

c) Provincial Assessor’s Office of Southern Leyte

Provincial Capitol Building, Asuncion
Maasin City, 6600 Southern Leyte
By: Personal Service
Date:

d) ASIS AGUILAR and ASSOCIATE LAW OFFICE

Counsel for Respondents
Tunga-tunga, Maasin City, Southern Leyte
By: Personal Service
Date:

3. That the service to the counsel for the petitioner and the filing
of this Compliance was made thru registered mail due to
distance.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

______ day of _______ at _________________

LEMY L. LOTEYRO
Affiant
_______________

SUBSCRIBED AND SWORN TO before me this _____ day of

_________, 2019 at __________, affiant exhibiting to me his competent
evidence of identity.
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Doc. No. ____

Page No. ____

Book No. ____

Series of 2019