This case has been cited 1 times or more.
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2011-02-01 |
PER CURIAM |
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| Also, in all the questioned cases pointed out by Dabu, including the cases of Enal and Vitug, Judge Kapunan failed to offer any evidence to support his defense that his signatures therein were forged. The rule is that he who disavows the authenticity of his signature on a public document bears the responsibility of presenting evidence to that effect.[8] Mere disclaimer is not sufficient. Under Section 22, Rule 132 of the Rules of Court,[9] the genuineness of handwriting may be proved in the following manner: [1] by any witness who believes it to be the handwriting of such person because he has seen the person write; or he has seen writing purporting to be his upon which the witness has acted on or been charged; [2] by a comparison, made by a witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge. At the very least, he should present corroborating witnesses to prove his assertion. At best, he should present an expert witness.[10] As a rule, forgery cannot be presumed and must be proved by clear, positive and convincing evidence and the burden of proof lies on the party alleging forgery.[11] This, unfortunately, Judge Kapunan failed to do. | |||||