This case has been cited 2 times or more.
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2015-09-16 |
PERALTA, J. |
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| It is true that the subject Deed of Assignment and Transfer of Rights and Deed of Absolute Sale are notarized. It is well settled that a document acknowledged before a notary public is a public document that enjoys the presumption of regularity.[19] It is a prima facie evidence of the truth of the facts stated therein and a conclusive presumption of its existence and due execution.[20] However, the CA correctly held that the existence and due execution of these documents are not in issue. Moreover, the presumption of truth of the facts stated in notarized documents is merely prima facie, which means that this presumption can be overcome by clear and convincing evidence.[21] Hence, the truth of the facts stated in the disputed Deed of Assignment and Transfer of Rights as well as the Deed of Absolute Sale may be rebutted by evidence. | |||||
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2013-07-03 |
VILLARAMA, JR., J. |
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| For instance, in Tamani v. Salvador,[22] we were inclined to believe that Tamani's signature was forged after considering the testimony of the PNP document examiner that the case involved simulated or copied forgery, such that the similarities will be superficial. We said that the value of the opinion of a handwriting expert depends not upon his mere statements of whether a writing is genuine or false, but upon the assistance he may afford in pointing out distinguishing marks, characteristics and discrepancies in and between genuine and false specimens of writing which would ordinarily escape notice or detection from an unpracticed observer. | |||||