This case has been cited 3 times or more.
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2014-07-07 |
PERALTA, J. |
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| While we recognize that the technical nature of the procedure in examining forged documents calls for handwriting experts,[50] resort to these experts is not mandatory or indispensable, because a finding of forgery does not depend entirely on their testimonies.[51] Judges must also exercise independent judgment in determining the authenticity or genuineness of the signatures in question, and not rely merely on the testimonies of handwriting experts.[52] The doctrine in Heirs of Severa P. Gregorio v. Court of Appeals,[53] is instructive, to wit: Due to the technicality of the procedure involved in the examination of forged documents, the expertise of questioned document examiners is usually helpful. However, resort to questioned document examiners is not mandatory and while probably useful, they are not indispensable in examining or comparing handwriting. A finding of forgery does not depend entirely on the testimony of handwriting experts. Although such testimony may be useful, the judge still exercises independent judgment on the issue of authenticity of the signatures under scrutiny. The judge cannot rely on the mere testimony of the handwriting expert. In the case of Gamido vs. Court of Appeals (citing the case of Alcon vs. Intermediate Appellate Court, 162 SCRA 833), the Court held that the authenticity of signatures | |||||
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2014-02-04 |
PERALTA, J. |
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| Petitioners should be reminded of the equally-settled rule that a special civil action for certiorari under Rule 65 is an original or independent action based on grave abuse of discretion amounting to lack or excess of jurisdiction and it will lie only if there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law.[16] As such, it cannot be a substitute for a lost appeal.[17] | |||||
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2013-07-03 |
VILLARAMA, JR., J. |
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| True, the use of the word "may" in Section 49, Rule 130 of the Rules on Evidence signifies that the use of opinion of an expert witness is permissive and not mandatory on the part of the courts.[23] Jurisprudence is also replete with instances wherein this Court dispensed with the testimony of expert witnesses to prove forgeries.[24] However, we have also recognized that handwriting experts are often offered as expert witnesses considering the technical nature of the procedure in examining forged documents.[25] More important, analysis of the questioned signature in the deed of donation executed by the late Andres Navarro, Sr. in crucial to the resolution of the case. | |||||