This case has been cited 1 times or more.
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2003-08-06 |
QUISUMBING, J. |
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| ...We are not impervious of the xerox copy of an "Acknowledgment" bearing the purported signature of Protacio S. Pablo, the Philippine Vice-Consul, adverting to a "Special Power of Attorney" purportedly executed by Domingo Garcia and Celia R. Garcia, bearing the signature purportedly of the Notary Public who notarized the same and a "Deed of Sale", dated January 30, 1988, purportedly executed by Renato T. Garcia over the property in favor of Amparo Lasam, but the acknowledgment and deed are inadmissible in evidence and barren of probative weight because a) the petitioners failed to append to their Petition the "Special Power of Attorney" purportedly executed by the Respondents and referred to in "Acknowledgment" appended to their Petition; b) the copies of the "Acknowledgment" and "Deed of Sale" appended to the Petition were mere xerox copies and not the original copies thereof. If, indeed, the Respondents, through their attorney-in-fact, sold the said property to Amparo Lasam, on January 30, 1988, she should have registered the said deed and secured title to the property in her name. She did not. The Petitioners even failed to adduce any evidence that the "Deed of Sale" executed by Renato Garcia in favor of Amparo Lasam was annotated at the dorsal portion of Respondents' title to the property. Even if the Respondents, through their attorney-in-fact, executed a "Deed of Sale" in favor of Amparo Lasam, the Petitioner Octavio Alvarez failed to adduce any deed evidencing the sale, by Amparo Lasam, of the property to him. We note that here questions of possession and ownership are intertwined. Where factual matters are involved, it is well-settled that a question of fact is to be determined by the evidence to support the particular contention.[34] As found by the CA, the evidence adduced on this score are in respondents' favor. Whether such conclusion of the CA was supported by the evidence presented before it, is also factual in nature.[35] | |||||