G.R. No.

71939 January 25, 1988

ELIGIO T. LEYVA, petitioner,
vs.
COURT OF APPEALS, FRANCISCO LAIZ and MANUELA JANDOC, respondents.
Facts:
Respondent LAIZ filed before the Court of First Instance of Cotabato a petition for
Cancellation of adverse claim annotated on the back of his Transfer Certificate of Title
covering a parcel of land registered in the name Manuela Jandoc.
Petitioner Levya claimed that he executed a Compromise Agreement in 1963 (notarized in
1972) with Manuela Jandoc where the former will withdraw his opposition in the Land
Registration case in the condition that certain properties automatically belong to him in
case of favorable judgment for Jandoc. Respondent Laiz reasoned that a private
agreement of sale was executed in 1959 between him and Respondent Jandoc.
The Court of First Instance of South Cotabato ruled against petitioner and confirmed the
sale between Laiz and Jandoc pertaining to the parcel of land. The CFI also denied
petitioners Motion for Reconsideration. The Intermediate Appellate Court affirmed in toto
the lower courts decision.
Hence a petition for review on certiorari was filed by petitioner contending that the IAC
committed grave error in ruling that Laizs deed of absolute sale prevailed over Levyas
compromise agreement.
Issue:
WON petitioner Levya, basing his claim on a Compromise Agreement, has a better right
over the parcel of land than respondent Laiz, who executed a Deed of Sale with
respondent Jandoc.
Held:
The instant petition is without merit.
Upon consideration of the foregoing, the Court of appeals concluded that the Compromise
Agreement whether executed in 1963 or 1972 between Leyva and Jandoc cannot prevail
over the Agreement of Sale between Laiz and Jandoc and that Laiz has a better right over
the property in question than Leyva.
But Leyva lays much stress on the findings of Francisco Cruz, Jr., a handwriting expert of
the PC Crime Laboratory, Camp Crame who testified that the purported signature of
Jandoc appeared to be of another person and of Col. Crispin B. Garcia, formerly Chief of
the Chemistry Branch in the PC Crime Laboratory who testified that the Agreement could
have been written within the years 1964 to 1967.
Both the trial court and the Court of Appeals gave more weight to the testimony of Fiscal
Sarinas as corroborated by Catolico, one of the signatories in the Deed of Transfer, and
Versoza, a notary public, upholding the validity of the assailed Sale Agreement.
This Court has ruled in the case of Vda. de Roxas v. Roxas, that "the positive testimony of
the three attesting witnesses ought to prevail over the expert opinions which cannot be
mathematically precise but which on the contrary, are subject to inherent infirmities." In

any event, it is well established that the appellate court will not disturb the factual findings
of the lower court for the latter is in a better position to gauge credibility of witnesses.