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MARCELO D. MENDIOLA v. CA

This case has been cited 3 times or more.

	GR No. 171497 2011-04-04	MARIA LOURDES TAMANI v. ROMAN SALVADOR PERALTA, J.
The deed of sale may have been notarized and it is true that a notarial document is considered evidence of the facts expressed therein.[39] A notarized document enjoys a prima facie presumption of authenticity and due execution,[40] and only clear and convincing evidence will overcome such legal presumption.[41] Nonetheless, given the highly questionable circumstances present in the case at bar such prima facie presumption was properly put in dispute.
	GR No. 169548 2010-03-15	TITAN CONSTRUCTION CORPORATION v. MANUEL A. DAVID DEL CASTILLO, J.
It is true that a notarial document is considered evidence of the facts expressed therein.[38] A notarized document enjoys a prima facie presumption of authenticity and due execution[39] and only clear and convincing evidence will overcome such legal presumption.[40] However, such clear and convincing evidence is present here. While it is true that the SPA was notarized, it is no less true that there were defects in the notarization which mitigate against a finding that the SPA was either genuine or duly executed. Curiously, the details of Manuel's Community Tax Certificate are conspicuously absent, yet Martha's are complete. The absence of Manuel's data supports his claim that he did not execute the same and that his signature thereon is a forgery. Moreover, we have Manuel's positive testimony that he never signed the SPA, in addition to the expert testimony that the signature appearing on the SPA was not Manuel's true signature.
	GR No. 185477 2009-12-04	HERMINIO M. GUTIERREZ v. FLORA MENDOZA-PLAZA CHICO-NAZARIO, J.
Petitioners seem to have overlooked the fact that the deed of donation inter vivos is a notarized document. According to Section 30, Rule 132 of the Rules of Court, "every instrument duly acknowledged or proved and certified as provided by law, may be presented in evidence without further proof, the certificate of acknowledgment being a prima facie evidence of the execution of the instrument or document involved." A notarial document is evidence of the facts expressed therein.[20] A notarized document enjoys a prima facie presumption of authenticity and due execution. Clear and convincing evidence must be presented to overcome such legal presumption.[21]