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Monday, June 13, 2005
Raps filed v. former representative
By Lory Ann B. Bilbao
RESIDENTS of Dumangas filed cases of estafa, falsification of private document and usurpation of real property/real rights against former 4th District Congressman Narciso Monfort and his wife, Carmenchita Guevarra Monfort.
Those who are filed the case of usurpation of real property/real rights were Barbara Deocampo, Sylvia Ceballos, Jocelyn Dolendo, Enriquita Deblois, Gina Conadera and Wilma Cebalos.
Those who filed the case of falsification of document entitled "Deed of Extrajudicial Partition and Sale," were Emelina Doctora Odtuhan, Marcela Doctora Bedia and Eustaquia Doctora Dequito, all residents of Barangay P.D. Monfort North, Dumangas, Iloilo.
They filed the criminal case before the Provincial Prosecutor last June 3.
In their affidavit, the complainants stated, "That on May 25, 2005, we have discovered an undated and unnotarized document entitled "Deed of Extrajudicial Partition and Sale" which was made to show that we have entered into contract with respondents Monfort, the truth of the matter is that we have not entered into such transaction with the respondents.
It further states, "That considering that respondent Narciso Monfort was an Assemblyman/Congressman at that time in the 1980s, our intentions were to donate of a road right of way which traversed our lot (TCT Number 12237) and furthermore, in view of our poor understanding on the matter, he (Monfort) requested us to sign a blank piece of paper which we did for him to formalize the document, however, we were surprised to know that a Deed of Extrajudicial Partition and Sale was superimposed above our signatures, hence the same caused us damage and prejudice and a violation of Articles 315 and 172 of the Revised Penal Code (RPC).
Complainants said that Monfort claimed ownership of said deed and when said title was handed over to him for the drafting of a deed of donation of road right of way, payment of mortgage among others, they (Monfort and Deocampo) had allowed co-respondents, Gina Conadera, Jocelyn Dolendo, Enriqeuta Deblois, Wilma Ceballos and Sylvia Cebalos to occupy portions of the lot and collecting rentals, thus depriving the complainants "their use and enjoyment thereof hence, actions of the said respondents constitute a violation of Article 312 of the Revised Penal Code.
"The subject deed had the consideration in the amount of a measly Five Thousand pesos and by virtue of their conspired actions, they made it appeared that we have participated in the subject deed, when in truth and in fact we have not, and by taking undue advantage of our signatures in blank and by writing a document above said signatures which was contrary to our intentions, thus resulting to violations of Articles 315 and 172 of the RPC.
"Respondents Monfort assumed that he had paid the mortgage lien, when in truth, the subject title remained in the name of our late parents Rosario Majarucon and Rafael Doctora to date and no payment was made to the mortgage lien. And the worse fact is he made it known to respondent Deocampo and other co-respondents that he had owned the lot, thus they (Monfort and Deocampo) conspired and collaborated with one another together with the other respondents by usurping the real property/real rights of the complainants."
Futile
Attorney Daniel Cartagena, lawyer of Monfort said that the case is technically and legally futile.
"Technically and legally, it cannot sustain. We have the evidences and receipts of payment and our witnesses are credible," he said.
He added that in the year 1982, Magdalena Doctora, one of the complainants sent a letter to Dr. Monfort asking for help as regards their family's debt in Dumangas Rural Bank. According to him, she spent the money for her medication but the she said that it has unsuccessful.
"For closure na ang lupa nila (TCT No. 12237 and 12236), ginpangayo nila nga kuntani tani si Dr. Monfort ang ma-asumer sang balaydan (Their land will be foreclose and they are requesting that Dr. Monfort assume their payments)," Cartagena said.
Cartagena said that Monfort paid the bank but on top of that, the family asked for P5,000 in cash but Monfort almost refused and asked for a written agreement to legalize things.
"Gindala nila kay Dr. Monfort ang Deed of Partition and Sale sang lupa nila. (They sent the Deed of Partition and Sale to Dr. Monfort)."
The original copies of the Deed of Partition and Sale of the lots are with them now.
As to the mortgage that the complainants referred to, Cartagena said that they have receipts as evidence.
As to the motive, "Politics has nothing to do with this," he said.
Cartagena added that the complainants only wanted to pressure Monfort to just give the lot away to them because he has always wanted to maintain his name's chastity.
He added that the case of estafa should have been filed within 15 years and it has been 23 years already.
Cartagena also said that the accusation of usurpation is also futile because Monfort did not intimidate them nor resorted to crime in order for them to sign the document.
"Monfort is co-owner of the property, so he has the right to make the rest of the respondents reside in the lot."
(June 13, 2005 issue)
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