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FIRST DIVISION
DECISION
TIJAM, J.:
The Facts
P160,940.00;18 and
SPONSORED SEARCHES (2) Deed of Absolute Sale dated October 3,
recent supreme court decisions1978, executed by Venancio and Leonila in
favor of Ponciano, over the remaining lots
marriage annulment under OCT No. O-197 and Lot 9 under OCT
No. O-443, and over Lots 6, 4 and 9-A with
title deed transfer
a total area 71,520 sq m which then had no
consideration of P704,243.77.19
notarized document
SPONSORED SEARCHES
By virtue of the aforesaid Deeds of Absolute Sale, OCT
recent supreme court decisions
Nos. O-197 and O-443 were cancelled, the former with
title deed transfer respect only to Lots 10 and 17. Resultantly, Transfer
Certificate of Title (TCT) Nos. T-15125, T-24806, T-
notarized document
24807, T-24808 and T-24809,20 all of the Registry of
BULACAN,
Complainant, v. (2) a Deed of Sale with Mortgage32 (Deed
LETICIA C. GENER, with Mortgage) dated November 11, 1977,
CLERK OF COURT OF which expressly superseded the Agreement
THE MUNICIPAL to Sell dated November 9, 1976, whereby
TRIAL COURT, SAN Venancio and Leonila sold to Ponciano the
ILDEFONSO, parcels of land covered by OCT Nos. 0-197
BULACAN, and 0-443, as well as Lots 6, 4 and 9-A, for
Respondent. P1 Million, with the payment of the
P700,000.00 balance secured by the said
G.R. No. 214880, properties. This Deed wih Mortgage was
September 06, 2017 expressly superseded by the 1978 Deed in
- PEOPLE OF THE favor of Ponciano.
PHILIPPINES,
Plaintiff-Appellee, v.
AMANTE PADLAN Y
LEONES @ BUTOG, On September 2, 2004, the RTC issued an Order33
G.R. No. 212731, The CA further stressed that mere variance in the
September 06, 2017 genuine and disputed signatures is not proof of
- SPOUSES FIRMO S.
forgery.39 To establish forgery, said the appellate court,
ROSARIO AND AGNES
presentation of documents bearing the genuine
ANNABELLE DEAN-
signatures of Venancio and Leonila was required, for
ROSARIO, Petitioners,
comparison with the alleged false signatures.40 The CA
v. PRISCILLA P.
held that petitioners' failure to submit such documents
ALVAR, Respondent.
was fatal as it was necessary for petitioners to show
not only the material differences between the
A.M. No. 16-05-
signatures, but also (1) the extent, kind and
142-RTC, September
significance of the variation; (2) that the variation was
05, 2017 - RE:
due to the operation of a different personality and not
REPORT ON THE
merely an expected and inevitable variation found in
PRELIMINARY
the genuine writing of the same writer; and (3) that
RESULTS OF THE
the resemblance was the result of a more or less
SPOT AUDIT IN THE
skillful imitation and not merely a habitual and
REGIONAL TRIAL
characteristic resemblance which naturally appears in a
COURT, BRANCH 170,
genuine writing.41
MALABON CITY.
No. 12-3931-P),
September 18, 2017 Forgery is not presumed
Plaintiff-Appellee, v.
RAMON FRANCICA Y
NAVALTA, Accused-
In this case, petitioners' claim that Venancio and
Appellant.
Leonila were forgetful and at times sickly was not even
supported by medical evidence. It was based solely on
G.R. No. 207229, Emerlina's testimony, which failed to demonstrate that
September 20, 2017 Venancio and Leonila's mental state had prevented
- PEOPLE OF THE them from freely giving their consent to the 1978 Deed
PHILIPPINES, or from understanding the nature and effects of their
Plaintiff-Appellee, v. disposition.
SIEGFRED CABELLON
CABAÑERO, Accused- It is settled that a person is not incapacitated to enter
Appellant. into a contract merely because of advanced years or by
reason of physical infirmities, unless such age and
G.R. No. 213237, infirmities impair his mental faculties to the extent that
September 13, 2017 he is unable to properly, intelligently and fairly
- CIVIL SERVICE understand the provisions of said contract, or to
COMMISSION, AND protect his property rights.74
THE MUNICIPALITY
OF MASIU, LANAO
Petitioners' reliance on the case of Domingo v. CA75 is
DEL SUR,
misplaced. There, the Court declared a deed of sale
REPRESENTED BY
null and void given that the seller was already of
MAYOR NASSER P.
advanced age and senile at the time of its execution,
PANGANDAMAN, JR.,
thus:
Petitioners, v. SAMAD
M. UNDA,
Respondent.; G.R. The unrebutted testimony of Zosima
G.R. No. 214762, not suffice to constitute the strong, positive and
PHILIPPINES,
Plaintiff-Appellee, v. In any event, records show that the 1978 Deed was in
Accused-Appellant. lifetime. Both OCT No. O-19789 and OCT No. O-44390
bear an annotation referring to the 1978 Deed,
G.R. No. 213953, inscribed on November 12, 1984, and based on such
September 26, 2017 annotation, new transfer certificates of title were issued
- ENGR. OSCAR A. in lieu of OCT No. O-197 and OCT No. O-443 in
MARMETO, Petitioner, Ponciano's name; TCT No. 15125,91 in particular,
v. COMMISSION ON appears to have been issued on November 12, 1984.
ELECTIONS By such registration and by obtaining certificates of
(COMELEC), title in his name, Ponciano had clearly asserted his
Respondent. ownership over the properties. Thus, that the Tax
Declarations were still in Leonila's name cannot be the
G.R. No. 230324, basis to conclude that the 1978 Deed was a simulation.
September 19, 2017
- LORIE MARIE A contract or conduct apparently honest and lawful
TOMAS CALLO, must be treated as such until it is shown to be
Petitioner, v. otherwise by either positive or circumstantial evidence.
COMMISSIONER A duly executed contract enjoys the presumption of
JAIME H. MORENTE, validity, and the party assailing its regularity has the
BUREAU OF burden to prove its simulation. Indeed, it is settled that
IMMIGRATION, OIC notarized documents carry the presumption of due
ASSOCIATES execution, lending truth to the statements therein
COMMISSIONERS, contained and to the authenticity of the signatures
BUREAU OF thereto affixed.92 Petitioners have failed to adduce the
IMMIGRATION, AND requisite clear and convincing evidence to overturn this
BRIAN ALAS, BUREAU presumption.
OF IMMIGRATION,
Respondents. Alleged defects in the notarization
were raised only before this Court
G.R. No. 227185,
September 27, 2017 Petitioners argue that the parties' Acknowledgment of
- PEOPLE OF THE the 1978 Deed before the Notary Public, Federico
PHILIPPINES, Magdangal, whose notarial commission was for Makati
Plaintiff-Appellee, v. City, was done outside the latter's "territorial limits"
EEE, Accused- because the property is in Tanauan, Batangas.
Appellant. Furthermore, while the Acknowledgment was done in
Makati City, its printed text expressly states that the
G.R. No. 228617, parties personally appeared before the Notary Public in
September 20, 2017
Tanauan, Batangas.93 Petitioners also assert that their
- PLANTERS
parents were residents of Tanauan, Batangas, and
DEVELOPMENT BANK,
given their advanced age, would not have gone to
Petitioner, v.
Makati on the same day that the 1978 Deed was
SPOUSES
executed, to have the same notarized.94
VICTORIANO AND
MELANIE RAMOS,
Petitioners further assert that while the
Respondents. Acknowledgment indicated that Ponciano exhibited his
residence certificate to the Notary Public, it did not
G.R. No. 228112, reflect any identification document from Venancio and
September 13, 2017 Leonila. They argue that the absence of such document
- SPOUSES contravened the Notary Public's statement that
ROSALINO R. REYES, Venancio and Leonila were known to him.95
JR. AND SYLVIA S.
REYES, Petitioners, v. As private respondents have pointed out, however,
SPOUSES HERBERT these claims were only raised for the first time before
BUN HONG G. CHUNG
this Court.96
AND WIENNA T.
CHUNG,
"It is well-settled that issues not raised in the court a
Respondents.
quo cannot be raised for the first time on appeal in the
Supreme Court without violating the basic rules of fair
G.R. No. 225808,
play, justice and due process."97 Due process dictates
September 11, 2017
that when a party who adopts a certain theory upon
- SPOUSES EDGARDO
which the case is tried and decided by the lower court,
M. AGUINALDO AND
he should not be allowed to change his theory on
NELIA T. TORRES-
appeal. The reviewing court will not consider a theory
AGUINALDO,
of the case which has not been brought to the lower
Petitioners, v.
court's attention; a new theory cannot be raised for the
ARTEMIO T. TORRES,
first time at such late stage.98 Thus, We cannot bend
JR., Respondent.
backwards to examine the issue belatedly raised by
petitioners at this late stage in the proceedings.
G.R. No. 223679,
September 27, 2017
Granting the Acknowledgment was defective, the same
- PEOPLE OF THE
will merely strip the document of its public character
PHILIPPINES,
Plaintiff-Appellee, v. and reduce it to a private instrument.99 It remains
NOEL BUAN AND of evidence, their allegation that the deed of sale was
CARAOS, THELMA applied the ancient rule that if the plaintiff, upon whom
- DANILO REMEGIO,
Petitioner, v. PEOPLE 10 Id. at 83-86.
OF THE PHILIPPINES,
Respondent. 11 Id. at 16, 39, 169, and 224.
G.R. No. 192128 & Records also show that TCT No. 15126 was
- GMA NETWORK,
INC., Petitioner, v. 21 Id. at 40 and 169-170.
NATIONAL
TELECOMMUNICATIONS 22 Records show that TCT No. T-10330 was
COMMISSION,
subsequently cancelled by reason of a 1977
Respondent.
Deed of Sale in favor of Nenita Chua So.
TCT No. 12406 was subsequently issued
G.R. No. 214249,
over the same land in the names of Julian Y.
September 25, 2017
Pabiloña, Virginia Go, Gemma Tan Ongking,
- HENRY E. YU,
Arthur C. Chua and Nenita Chua So. TCT
MARIANITO M.
No. T-12406 was in turn cancelled by virtue
MARBAS, EDWIN R.
of a 1992 Deed of Absolute Sale in favor of
BAYBAY, VICTOR
Cityland, Inc. Id. at 89-90 and 115-116.
RUALES, CEPRIANO J.
DOSDOS, JR., 23 Id. at 169-170.
REYNALDO C. GATO,
PABLITO GRAME
24 Id. at 122.
OLAYON, FELICITO G.
DAAN, SR., EDGAR R.
25 Id.
REBAGOS, SR.,
RONALDO T.
26 Id. at 124-125.
LANSANG, MARIJUL
O. ONDAP, ROGELIO
M. UBOS, SR., ELANE 27 Id. at 156-160.
M. AGAPAY, GERSON
S. AGAPAY, SR., 28 Elenita P. Cervantes, Susana Almeda-
GENES S. CAPON, Alcazar, Laurence P. Almeda, Florecita
MARK DECYRL B. Almeda-Datoc, Romel P. Almeda, Edwin P.
OSORIO, FREDDIE M. Almeda, Wenilda Almeda-Diaz, Marlon P.
BELTRAN, ROBERT F. Almeda, Alan P. Almeda and Carolyn
COLMINAS, WILLIAM Almeda-Santos. Id. at 226.
M. ESTORQUE, SR.,
ERIC G. MARAON, 29 Id. at 166.
LEONARD S.
VILLAREN, JUNIFER
30 Id. at 162-163 and 169.
QUITA, JEBRYAN
QUITA, JOVANIE
BANTILAN, GERRY A. 31 Id. at 91-95.
QUITA, REY S.
AGAPAY, ADOLITO S. 32 Id. at 96-101.
BULTRON, JANIFER C.
DAAN, ARNEL L. 33 Id. at 164-172.
LUNASIN, JOSE
CEPEDA SABIO, ROEL
34 Id. at 172.
E. VALLESPIN, PETER
JOHN D. CORDOVA,
35 Id. at 181.
RONILO D.
CORDOVA, CRISANTO
36 Id. at 38-47.
D. DIAPOLET, ALDO
D. DIAPOLET, VINSON
M. ALEJANDRO 37 Id. at 46.
JERYLYNN Q.
GALANG, JOVILITO 38 Id. at 42-43.
MAESTRADO, JR.,
CONSTANCIO B. 39Rivera v. Turiano, 546 Phil. 495, 498
MADRONA, JR.,
(2007).
JOHNNA D. LLEMIT,
VIRGILIA A.
40Jimenez v. Commission on Ecumenical
EMPERON, JIMMY G.
Mission, United Presbyterian Church, USA,
ALBER, JERRY L.
432 Phil. 895, 909 (2002).
LOPEZ, RONITO A.
RAMA, EVELYN G.
41Rivera v. Turiano, supra note 39, at 502.
MANSAL, RUBEN
MARAON, SELVERIO
42Rollo, pp. 51-61.
P. OMBICO, JR., AND
DIEGO GONZAGA,
Petitioners, v. SR 43 Id. at 49-50.
HIGHWAYS,
Petitioner, v. 59 Id. at 324.
CMC/MONARK/PACIFIC/HI-
TRI JOINT VENTURE, 60 Id. at 325.
Respondent.
61 Id.
G.R. No. 218425,
September 27, 2017
62Ceballos v. Intestate Estate of the Late
- PEOPLE OF THE
PHILIPPINES, Mercado, supra note 44, at 377.
Plaintiff-Appellee, v.
63Manzano, Jr. v. Garcia, 677 Phil. 376, 385
WILSON CACHO Y
SONGCO, Accused- (2011), citing Rivera v. Turiano, supra note
Appellant. 39, at 502, Ladignon v. CA, supra note 52,
at 1171.
G.R. No. 198119,
September 27, 2017 64Manzano, Jr. v. Garcia, supra note 63, at
ALMEDA-TAN,
69Dr. Yason v. Arciaga, supra note 49, at
LETICIA ALMEDA-
MAGNO, NORMA 346.
ALMEDA-MATIAS AND
PUBLIO TIBI,, 70 Id.
Petitioners, v. HEIRS
OF PONCIANO 71Rollo, pp. 167, 176, 191, 192 and 195.
ALMEDA IN
SUBSTITUTION OF 72 Supra note 49.
ORIGINAL
DEFENDANT 73 Id. at 906.
PONCIANO ALMEDA,
INTESTATE ESTATE
74Dr. Yason v. Arciaga, supra note 49, at
OF SPOUSES
350-351, Mendezona v. Ozamiz, supra note
PONCIANO AND
49, at 906.
EUFEMIA PEREZ-
ALMEDA AND THE
75 419 Phil. 651 (2001).
REGISTER OF DEEDS
OF TAGAYTAY CITY,
76 Id. at 664.
Respondent.
79 Id. at 612.
G.R. No. 209306,
September 27, 2017
80Mendezona v. Ozamiz, supra note 49, at
- COMMISSIONER OF
903.
INTERNAL REVENUE,
Petitioner, v. HEDCOR
81Rollo, p. 32.
SIBULAN, INC.,
Respondent.
82 Supra note 49.
- MUNICIPAL RURAL
BANK OF LIBMANAN, 84See note 22.
CAMARINES SUR,
Petitioner, v. 85Rollo, p. 32.
VIRGINIA ORDOÑEZ,
Respondent. 86 Supra note 44.
Respondents.
98Kings Properties Corp. v. Galido, 621 Phil.
TAN, COMMISSIONER
105 Id.
HEIDI L. MENDOZA,
COMMISSIONER
ROWENA V.
GUANZON, THE
COMMISSIONERS,
COMMISSION ON Back to Home | Back to Main
AUDIT (COA),
Respondents.