THIRD DIVISION
G.R. No. 179874, June 22, 2015
ADELFA DIO TOLENTINO, VIRGINIA DIO, RENATO DIO, AND HEIRS OF ROBERTO DIO, REPRESENTED BY ROGER DIO, Petitioners, v. SPOUSES MARIA JERERA AND EBON LATAGAN, SUBSTITUTED BY HIS HEIRS, NAMELY: MA. JANELITA LATAGAN-BULAWAN, YVONNE LATAGAN, LESLIE LATAGAN, RODOLFO H. LATAGAN, EMMANUEL NOEL H. LATAGAN, GEMMA LATAGAN-DE LEON, MARIE GLEN LATAGAN-CERUJALES, AND CELESTE LATAGAN-BO; AND SALVE VDA. DE JERERA, Respondents.
D E C I S I O N
PERALTA, J.:
WHEREFORE, the July 12, 2004 Decision of the Regional Trial Court, Branch 53, Sorsogon City, in Civil Case No. 98-6459, is hereby REVERSED and SET ASIDE and another judgment entered dismissing the Complaint.Meanwhile, the Resolution dated August 22, 2007 denied the motion for reconsideration of the CA Decision for lack of merit.
SO ORDERED.3
1. Cipriano5 Jerera, married to Lorenza Janaban, 1/5 shareOn June 27, 1933, Servillano, Dionisia, Teofilo, and Cipriano, all surnamed Jerera, ceded and conveyed by way of sale with right to repurchase to Amado Dio, his heir and assigns, a 10,000 square-meter coconut land in Sorsogon, Sorsogon, for P122.00 as shown in the document entitled “Escritura de Venta Con Pacto de Retro.”8 The said document stated that the property was part of Tax Declaration (Dec.) No. 15078 in the name of Guillermo Jerera; that the period within which to repurchase the property was two (2) years from the date of its execution; that the Jereras were the ones to pay the realty taxes; and that once they have paid the amount of P122.00, the deed would be canceled and deemed without force and effect.
2. Dionisia6 Jerera, the wife of Ceferino Jalmasco, 1/5 share
3. Teopisto Jerera, married to Juana Araya, 1/5 share
4. Servillano7 Jerera, married to Flora Jerao, 1/5 share
5. Maria Jerera, the wife of Mauricio Jarilla, 1/10 share
6. Rosa Jerera, the wife of Tomas Lanuza, 1/10
WHEREFORE, on the foregoing, judgment is hereby rendered as follows:chanRoblesvirtualLawlibraryIn ruling that the Deed of Sale executed on January 14, 1970 by Spouses Amado and Modesta in favor of Servillano is simulated or fictitious for being a forgery, the trial court held:chanRoblesvirtualLawlibrary1. Declaring the deed of sale dated January 14, 1970 allegedly executed by Amado Dio in favor of Servillano Jerera to be VOID;SO ORDRED.30
2. Declaring the plaintiffs [petitioners] the lawful owners of the property in question to the exclusion of the defendants [respondents], their heirs and assigns;
3. Directing defendants-spouses [respondents] Maria Jerera Latagan and Ebon Latagan and Salve Vda. De Jerera to vacate the property and deliver possession thereof to the plaintiffs [petitioners];
4. Directing the said defendants [respondents] to indemnify plaintiffs [petitioners] the following:chanRoblesvirtualLawlibrarya. P30,000.00 as moral damages;
b. P20,000.00 as attorney's fees;
c. P10,000.00 as exemplary damages; and
d. To pay the costs of suit.chanroblesvirtuallawlibrary
The testimony of the National Bureau of Investigation document examiner Efren B. Flores declares that the signature of Amado Dio in the questioned document of sale (Exhibit '4') is significantly different from that as appearing in sanitary permit and community tax certificate which signature/s affixed thereon were made the basis of comparison with the afore-cited questioned document as shown by the (Exh. 'BB') Questioned Document Report. Accordingly, because of the deed of sale allegedly executed by Amado Dio in favor of Servillano Jerera bore a forged signature of the former it follows that the document is not what it purports to be. Therefore it is deemed fictitious and/or simulated. x x xThe trial court also ruled that Maria is a buyer in good faith and an innocent purchaser for value of the subject property, thus:chanRoblesvirtualLawlibrary
x x x x
Simulated or fictitious contract is void for utter lack of consent. Apparently, Amado Dio, by reason of the forged signature, could not have given his consent to the contract of sale.31
Defendant Maria Latagan acquired the subject property by virtue of a subsequent contract of sale in her favor sometime in 1971 executed by her father, Servillano Jerera, who allegedly obtained the same by virtue of a contract of sale which was fictitious. Surprisingly, in 1977, Servillano again executed a second deed of sale over the same parcel of land in favor of the same buyer, his daughter, the defendant Maria Latagan. On the same date, he executed an instrument designated as Self-Adjudication of Property. These subsequent acts of Servillano Jerera and defendant, Maria Latagan, are indications of knowledge on their part that the document of conveyance from the primitive owner Amado Dio is void ab initio and they attempted to ratify the 'flaws' attached thereunto. Yet, under the law, void contracts can never be ratified:ChanRoblesVirtualawlibraryDissatisfied with the trial court Decision, respondents filed an appeal with the CA.
x x x x
Having knowledge of the defect in the title, therefore, the second transferee defendant Maria Latagan cannot be afforded the mantle of protection accorded to buyers-in-good-faith and for value.32
Plaintiffs (petitioners) assert that the signature of Amado Dio on the Deed of Sale (Exhibit K and Exhibit 4 is a forgery. Having made such allegation, it is axiomatic that the plaintiffs must bear the burden of proving the same for as a rule, “forgery cannot be presumed and must be proved by clear, positive and convincing evidence x x.” In this case, the plaintiffs presented the report of the NBI document examiner, Efren Flores, (Exhibits L to L-7) [Exhibit L – Sanitary Permit No. 122; L-1 – signature of Amado Dio; L-2 – Sanitary Permit No. 220; L-3 – signature of Amado Dio; L-4 – Sanitary Permit no. 216; L-5 – signature of Amado Dio L-6 – Affidavit dated September 8, 1973; and L-7 – signature of Amado Dio] to show that Amado Dio's signatures on these exhibits are not the same as his signature on Exhibit K (copy of the deed of sale which was not admitted).The CA also held that respondents acquired the subject property in good faith, thus:chanRoblesvirtualLawlibrary
Were the plaintiffs (petitioners) successful in discharging their burden? The answer is in the negative. “The best evidence of a forged signature is an instrument itself reflecting the alleged forged signature. The fact of forgery can only be established by a comparison between the alleged forged signature and the authentic and genuine signature of the person whose signature is theorized upon to have been forged. Without the original document containing the alleged forged signature, one cannot make a definitive comparison which would establish forgery. A comparison based on a mere xerox copy or reproduction of the document under controversy cannot produce reliable results.”
The Court is not unaware that under Sec. 22 of Rule 132 of the Rules of Court, “the handwriting of a person may be proved by any witness who believes it to be the handwriting of such person because he has seen the person write, or has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting the hand writing may also be given by comparison, made by the 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.”
Considering, however, that the documentary bases for such comparison, Exhibits L to L-7 were mere photocopies which were, in fact, not admitted, the Court cannot make one. Any finding in that regard would be unreliable. Neither were there testimonies from plaintiff's witnesses to the effect that they saw somebody, Servillano Jerera or Maria Jerera, forge the said document.33
An examination of the records shows that there were no clear-cut flaws in the title of their predecessor in interest, Servillano Jerera. In this regard, it may be well to stress that bad faith is never presumed especially in this case since the property subject matter of this case is a land titled under the Torrens System. x x xOn August 22, 2007, the CA issued a Resolution denying petitioners' motion for reconsideration of its Decision.
x x x x
With regard to the fact that Servillano Jerera executed a second Deed of Sale over the subject property in favor of Maria Jerera in 1977 despite having executed an earlier one in 1971, suffice it to say that, as already explained by Maria Jerera, it was merely a confirmation of the first sale and not, as interpreted by the court a quo, an indication of knowledge on her part that the document of conveyance from the primitive owner is void abs initio. Nor was it an attempt to ratify an otherwise null Deed of Absolute Sale.
It could not be said that defendants [respondents] were guilty of negligence because, at the time of the sale, the land was already in the name of Servillano Jerera (Exhibit 11). Also, the tax declaration was also in his name so there was no annotation, defect or flaw in the title that could have aroused their suspicion as to its authenticity. It being the case, defendants [respondents] indeed have the right to rely on what appears on the face of the certificate of title.
Finally, in arriving at this determination, the Court took into account the fact that, as Adelfa Dio Tolentino herself admitted, the defendants [respondents] are in actual possession of the property but despite the same, the plaintiffs [petitioners] did not take steps since 1970 to claim it or verify the status of their possession. Such inaction and indifference on the part of plaintiffs [petitioners] constitute laches.34
I. The Honorable Court of Appeals erred in reversing and setting aside the decision of the Regional Trial Court and holding that the plaintiffs [petitioners] failed to discharge their burden of proof considering that the NBI handwriting expert based its conclusion on mere photocopies of the questioned document.The petition lacks merit.
II. The Honorable Court of Appeals erred in holding that defendants [respondents] did not act in bad faith.35
1) A distinction must be made between non-compliance with the requirement on or submission of defective verification, and non-compliance with the requirement on or submission of defective certification against forum shopping.In Ateneo de Naga University v. Manalo38, it was held that the verification requirement is deemed substantially complied with when only one of the heirs-plaintiffs, who has sufficient knowledge and belief to swear to the truth of the allegations in the petition, signed the verification attached to it. Such verification was deemed sufficient assurance that matters alleged in the petition have been made in good faith or are true and correct, not merely speculative. Likewise, liberality and leniency were accorded in some cases where those who did not sign were relatives of the lone signatory39 of the certification against forum shopping when they all share a common interest in a disputed property and invoke a common cause of action or defense. As held in Iglesia Ni Cristo v. Hon. Thelma A. Ponferrada40cralawred
2) As to verification, non-compliance therewith or a defect therein does not necessarily render the pleading fatally defective. The Court may order its submission or correction or act on the pleading if the attending circumstances are such that strict compliance with the Rule may be dispensed with in order that the ends of justice may be served thereby.
3) Verification is deemed substantially complied with when one who has ample knowledge to swear to the truth of the allegations in the complaint or petition signs the verification, and when matters alleged in the petition have been made in good faith or are true and correct.
4) As to certification against forum shopping, non-compliance therewith or a defect therein, unlike in verification, is generally not curable by its subsequent submission or correction thereof, unless there is a need to relax the Rule on the ground of “substantial compliance” or presence of “special circumstances or compelling reasons.”
5) The certification against forum shopping must be signed by all the plaintiffs or petitioners in a case; otherwise, those who did not sign will be dropped as parties to the case. Under reasonable or justifiable circumstances, however, as when all the plaintiffs or petitioners share a common interest and invoke a common cause of action or defense, the signature of only one of them in the certification against forum shopping substantially complies with the Rule.
6) Finally, the certification against forum shopping must be executed by the party-pleader, not by his counsel. If, however, for reasonable or justifiable reasons, the party-pleader is unable to sign, he must execute a Special Power of Attorney designating his counsel of record to sign on his behalf.37
The substantial compliance rule has been applied by this Court in a number of cases: Cavile v. Heirs of Cavile, where the Court sustained the validity of the certification signed by only one of petitioners because he is a relative of the other petitioners and co-owner of the properties in dispute; Heirs of Agapito T. Olarte v. Office of the President of the Philippines, where the Court allowed a certification signed by only two petitioners because the case involved a family home in which all the petitioners shared a common interest; Gudoy v. Guadalquiver, where the Court considered as valid the certification signed by only four of the nine petitioners because all petitioners filed as co-owners pro indiviso a complaint against respondents for quieting of title and damages, as such, they all have joint interest in the undivided whole; and Dar v. Alonzo-Legasto,where the Court sustained the certification signed by only one of the spouses as they were sued jointly involving a property in which they had a common interest.chanroblesvirtuallawlibraryGuided by the foregoing jurisprudence, the Court finds substantial compliance with the Rules when Adelfa signed the said verification and certification in behalf of her co-petitioners. As heirs and successors-in-interest of Amado over the subject property, Adelfa and her co-petitioners share a common interest and cause of action in their complaint for the quieting of title and recovery of possession thereof, as well as in the instant petition for review on certiorari.
(c) When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented.chanroblesvirtuallawlibraryThe Court now delves into substantive issues of the case.
WHEREFORE, in the interest of substantial justice, fair play and equity the Motion is hereby granted. Accordingly, the original copy (sic) of Exhibits “K”, “L-2,” L-4,” “L-6,” “M,” “M-2,” and their derivatives are ordered submitted to this court and the latter will in turn send the same to the National Bureau of Investigation Questioned Documents Division in Manila, for examination purposes. All expenses incidental hereof shall be borne by the Plaintiffs (petitioners).The NBI transmitted a copy of Questioned Documents Report No. 196-30052 in connection with the trial court's request for handwriting examination of the questioned signatures of Amado and Modesta.53 The NBI concluded in the said report that the questioned document and the standard signatures of Amado were not written by one and the same person, but no definite opinion can be rendered on the signature of Modesta Domer due to insufficiency of specimen submitted for comparative analysis. It also stated that the document containing the questioned signatures was examined and photographed at the Office of the Provincial Assessor of Sorsogon, Sorsogon, on April 11, 2000, while the other specimen submitted were then being retained in the NBI office for safekeeping.
SO ORDERED.51
Such surgical procedure is unexpected and could happen without any warning at all. It is therefor unreasonable to expect one who had to travel more than 600 kilomters from Metro Manila to anticipate such occurrence and to be financially prepared for it.At any rate, having reviewed the said witness testimony in light of the principle that evidence to be believed must not only come from a credible source, the Court agrees with petitioners that the said witness testified in a clear and unequivocal manner, consistent with the Questioned Documents Report No. 196-300 he had submitted to the trial court long before his appendectomy.61chanrobleslaw
Who else would run to Mr. Efren Flores' aid except for the only people he has come in contract with here in Sorsogon – the plaintiff-appellee [herein petitioners].60
With regard to the fact that Servillano Jerera executed a second Deed of Sale over the subject property in favor of Maria Jerera in 1977 despite having executed an earlier one in 1971, suffice it to say that, as already explained by Maria Jerera, it was merely a confirmation of the first sale and not, as interpreted by the court a quo, an indication of knowledge on her part that the document of conveyance from the primitive owner is void ab initio. Nor was it an attempt to ratify an otherwise null Deed of Absolute Sale.76On the supposedly perjured Self-Adjudication of Real Property executed by Servillano on November 24, 1977, the same day he executed the second Deed of Absolute Sale which confirmed the first sale the same property in favor of his daughter on May 25, 1971, the Court holds that the doubt cast by those documents in the title of Maria Jerera Latagan is properly addressed in an action for quieting of title between her and the heirs and assigns of Cepriano77, Dionesia78, Teopista, Maria79 and Rosa, all surnamed Jerera, who were adversely affected by such self-adjudication. Not being parties or privies to those documents, petitioners cannot invoke such doubt to support their claim over the property, which is based on a mere tax declaration in the name of their successor-in-interest, i.e., Tax Dec. No. 9273 in the name of Amado. Petitioners would do well to remember that in civil cases, the specific rule as to the burden of proof is that the plaintiff has the burden of proving the material allegations of the complaint which are denied by the answer; and the defendant has the burden of proving the material allegations in his answer, which sets up new matter as a defense.80 This rule does not involve a shifting of the burden of proof, but merely means that each party must establish his own case.81 Moreover, parties must rely on the strength of their own evidence, not upon the weakness of the defense offered by their opponent.82chanrobleslaw
[Atty. Acelo Bailey, counsel for respondents]Adelfa also conceded that petitioners and their predecessor-in-interest neglected and failed to pay realty taxes on the subject property:chanRoblesvirtualLawlibrary
Q. And, before your father died [in 1979], was there any personal knowledge you acquired whether your father initiated any case against these Jereras, particularly Maria Jerera Latagan as well as Serviliano Jerera in connection with this property for ownership?
[Witness Adelfa Dio Tolentino]
A. No sir.
Q. So, in other words, it is only now [1998], that only case that was filed by you against defendants [respondents] in connection with this property in question?
A. Because I am claiming for the property of Amado Dio which is (sic) leased and I found it from them.
Q. When you said that lot is leased, that is only [f]igurative speech because the land is there?
A. Yes sir.
Q. And, in fact that lot is very near the residence or the house of your father, about 200 meters away. Am I right?
A. Yes sir.
Q. And, as you said you have been twenty (20) years staying in Roro, San Juan, Sorsogon, Sorsogon before the death of your father, you have seen, actually you have seen the lot?
A. Yes sir.
Q. And, you have seen this Maria Jerera, Ebon Latagan, Serviliano Jerera and Enia Dagñ alan before in that place?
A. Yes sir because they are my neighbors.
Q. But, no claim was ever launched by your father during his lifetime as well as you as his heirs (sic)?
A. No sir. In 1974, when we last talk[ed], my father told me to take care of the small property we have.
COURT:
Q. And, you understood that, that is the property which your father occupied then?
WITNESS:
A. What I understood are all the properties.92
ATTY. BAILEY:ChanRoblesVirtualawlibrarySignificantly, there is no evidence on record that Maria was aware that the signatures of Amado and Modesta in the Deed of Absolute Sale dated January 14, 1970 were forged in order for Servillano to cause the cancellation OCT No. 1249 covering the subject property, and the issuance of TCT No. T-15364 in his name on October 27, 1978. All told, despite the fact that the Deed of Absolute Sale dated January 14, 1970 was forged, it became the root of a valid title when it was transferred from the name of Servillano to Maria who was proven to be an innocent purchaser for value.
Q. Now, you claim that your father the late Amado Dio is the owner of this lot in question because of the pacto de retro sale of the Jereras in favor of your father and the consolidation of ownership signed by your father. My question is this: Do you have evidence to prove that indeed as owner, you paid taxes of the property, if indeed, you were the owners of this lot in question?
WITNESS:
A. Maybe my father paid the taxes. But I did not see any receipt.
Q. But you know how to get this documents allegedly from the Register of Deeds and Government offices concerned, did you not exert effort to look over this in the Assessor's office as well as in the Municipality of Sorsogon to see and verify whether taxes were paid by your father as far as this property is concerned?
A. I did not anymore verify from the Municipal Assessor's Office whether taxes were paid because I saw the document of sale in 1970 and I presumed that the realty taxes were already paid by them, by the Jereras.
Q. So, you are now telling this Court categorically that you are not sure that your father paid the realty taxes because you said lease only as you cannot show to this Court any receipt evidencing payment in the name of your father?
A. Maybe he paid or maybe he did not pay because this lot was neglected.
Q. So, you are sure that this lot is neglected by your father?
A. Yes sir.93
Art. 1456. If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes.chanroblesvirtuallawlibraryIn Heirs of Jose Olviga v. Court of Appeals,95 the Court explained when an action enforcing an implied trust prescribes:chanRoblesvirtualLawlibrary
With regard to the issue of prescription, this Court has ruled a number of times before that an action for reconveyance of a parcel of land based on implied or constructive trust prescribes in ten years, the point of reference being the date of registration of the deed or the date of the issuance of the certificate of title over the property (Vda. de Portugal vs. IAC, 159 SCRA 178). But this rule applies only when the plaintiff is not in possession of the property, since if a person claiming to be the owner thereof is in actual possession of the property, the right to seek reconveyance, which in effect seeks to quiet title to the property, does not prescribe.chanroblesvirtuallawlibrary
In the case at bar, petitioners were not in possession of the subject property when they filed their complaint for quieting of title, recovery and damages. If their complaint were to be considered as that of enforcing an implied trust, it should have been filed within 10 years from the issuance of TCT No. T-15364 in the name of the innocent purchaser for value, Maria, on October 27, 1978. However, the complaint was filed only May 21, 1998 or about 20 years from the issuance of TCT No. T-15364, which is way beyond the prescriptive period. Worse, such delay is unjustified and unreasonably long, and petitioners clearly failed to exercise due diligence in asserting their right over the property. Therefore, petitioners' complaint is likewise barred by laches, which has been defined as the failure or neglect for an unreasonable and unexplained length of time to do that which by exercising due diligence, could or should have been done earlier, thus, giving rise to a presumption that the party entitled to assert it either has abandoned or declined to assert it.96chanrobleslaw
WHEREFORE, premises considered, the petition is DENIED. The Court of Appeals Decision dated July 6, 2007 and its Resolution dated August 22, 2007 in CA-G.R. CV No. 83337 are AFFIRMED.
SO ORDERED.cralawlawlibrary
Velasco, Jr., (Chairperson), Villarama, Jr., Reyes, and Jardeleza, JJ., concur.
Endnotes:
1 Penned by Associate Justice (Now Supreme Court Associate Justice) Jose Catral Mendoza, with Associate Justices (Now Presiding Justice) Andres B. Reyes, Jr. and Ramon M. Bato Jr, concurring; rollo, pp. 19-42.
2Id. at 44.
3Id., at 42.
4 Exhibit “3”.
5 Also spelled as “Cepriano”.
6 Also spelled as “Dionesia”.
7 Also spelled as “Serviliano”.
8 Exhibit “6”.
9 Also spelled as “Jerao”.
10 Exhibit “8”.
11 Exhibit “9”.
12 Exhibits “I” and “J”.
13 Exhibit “N” and “N-1”.
14 Records, p. 22, Exhibit “1”.
15 Also spelled as “Ibon”.
16 Exhibit “30”.
17 Exhibit “O”.
18 Exhibit “P”.
19 Wife of Mauricio Jarilla.
20 Also spelled as “Jerrera”.
21 Exhibit “19”.
22 Exhibit “R”.
23 3:34 P.M.
24 Exhibit “S”.
25 Records, pp. 1-6.
26Id. at 2.
27Id.
28Id. at. 5.
29Id. at 14-20.
30Id. at 248-249.
31Id. at 246-247.
32Id. at 247-248.
33Rollo, pp. 39-40. (Citations omitted)
34Id. at. 41-42.
35Id. at 11.
36 G.R. No. 164205, September 3, 2009, 598 SCRA 27.
37 Emphasis added.
38 G.R. No. 160455, May 9, 2005, 458 SCRA 325, 333-334, citing Torres v. Specialized Packaging Development Corporation, G.R. No. 433 SCRA 455, 463-464 (2000).
39Vda. De Formoso v. Philippine National Bank, G.R. No. 154704, June 1, 2011.
40 G.R. No. 168943, October 27, 2006. (Citations omitted)
41 Records, p. 10.
42Id. at. 57.
43 (a) When the findings are grounded entirely on speculation, surmises, or conjectures;
(b) When the inference made is manifestly mistaken, absurd, or impossible;
(c) When there is grave abuse of discretion;
(d) When the judgment is based on a misapprehension of facts;
(e) When the findings of facts are conflicting;
(f) When in making its findings the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee;
(g) When the CA’s findings are contrary to those by the trial court;
(h) When the findings are conclusions without citation of specific evidence on which they are based;
(i) When the facts set forth in the petition, as well as in the petitioner’s main and reply briefs, are not disputed by the respondent;
(j) When the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; or
(k) When the CA manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion. (Sps. Andrada v. Pilhino Sales Corporation, 659 Phil 70 (2011).
44Claravall, et al., v. Lim, et al., 669 Phil. 570 (2011)
45Golden Apple and Realty Development Corp., et al. v. Sierra Grande Realty Corp., et al., 640 Phil. 62 (2010), citing Guillang, et al., v. Bedania, et al., 606 Phil. 57 (2009).
46 Sanitary Permit No. 220 with the authentic signature of Amado Dio.
47 Sanitary Permit No. 216 with the authentic signature of Amado.
48 Affidavit dated September 8, 1973 with the authentic signature of Amado.
49 Residence Certificate with the authentic signature of Modesta Domer.
50 Affidavit of Extrajudicial Settlement with the authentic signature of Modesta.
51 Records, p. 118. (Emphasis added)
52Id. at. 121-122.
53Id. at 120. Letter dated April 27, 2000.
54Id. at 187.
55Id. at 180-182.
56 Exhibit “L-2” – Sanitary Permit No. 220; Exhibit “L-3” – Signature of Amado thereon; Exhibit “L-4” – Sanitary Permit No. 216; Exhibit “L-5” – Signature of Amado thereon; and Exhibit “L-6” – Affidavit dated September 8, 1973; Exhibit “L-7” – Signature of Amado thereon.
57 Records, pp. 184.
58Id.
59Id. at 161.
60Rollo, p. 59.
61Id.
62Heirs of Luga v. Sps. Arciaga, G.R. No. 175343, July 27, 2011, 670 Phil 294.
63 Records, pp. 121-122.
64Alcos v. Intermediate Appellate Court, G.R. No. 79317, June 28, 1988, 162 SCRA 833.
65 Exhibit “L-2” – Sanitary Permit No. 220; Exhibit “L-3” – Signature of Amado thereon; Exhibit “L-4” – Sanitary Permit No. 216; Exhibit “L-5” – Signature of Amado thereon; and Exhibit “L-6” – Affidavit dated September 8, 1973; Exhibit “L-7” – Signature of Amado thereon.
66 G.R. No. 143573, January 30, 2009.
67Consolidated Rural Bank, Inc. v. Court of Appeals, G.R. No. 132161, January 17, 2005, 448 SCRA 347, 363.
68Lim v. Chuatoco, G.R. 161861, March 11, 2005, 453 SCRA 308.
69Camper Realty Corp., v. Pajo-Reyes, et al., 646 Phil 689 (2010); Rufloe v. Burgos, supra note 66, citing Cayana v. Court of Appeals, G.R. No. 125607, March 18, 2004, 426 SCRA 10, 22.
70Camper Realty Corp., v. Pajo-Reyes, et al., supra.
71 504 Phil. 600 (2005).
72Sps. Occeña vs. Esponilla, G.R. No. 156973, June 4, 2004, 431 SCRA 116, 124.
73Sigaya v. Mayuga, supra note 71.
74Lim v. Chuatoco, supra note 68.
75Id.
76Rollo, p. 41.
77 Also spelled as “Cipriano.”
78 Also spelled as “Dionisia.”
79 Wife of Mauricio “Jarilla.”
80VSD Realty & Development Corporation v. Uniwide Sales, Inc., G.R. No. 170677, October 24, 2012.
81Id.
82Spouses Ramos v. Obispo, G.R. No. 193804, February 27, 2013.
83 431 Phil. 337 (2002).
84 TSN, December 10, 1998, p. 18.
85 Rules of Court, Rule 131, Sec. 5 (r).
86Ong v. Ong, G.R. No. L-67888, October 8, 1985, citing Caballero, et al. v. Caballero, et al., C.A. 45 O.G. 2536.
87 Exhibit “30.”
88 Exhibit “S.”
89 Exhibits “21” to “27.”
90Ganila v. Court of Appeals, G.R. No. 150755, 28 June 2005, 461 SCRA 435, 448, citing Alcaraz v. Tangga-an, G.R. No. 128568, 9 April 2003, 401 SCRA 84, 90-91.
91Borbe v. Calalo, G.R. No. 152572, October 5, 2007.
92 TSN, July 21, 1999, pp. 19-20.
93 TSN, July 21, 1999, pp. 20-21.
94Heirs of Domingo Valientes v. Hon. Ramas, et al., G.R. No. 157852, December 15, 2010.
95 G.R. No. 104813, October 21, 1993, 227 SCRA 330.
96Philippine Carpet Manufacturing Corporation v. Tagyamon, G.R. No. 191475, December 11, 2013, 712 SCRA 489, 498.chanroblesvirtuallawlibrary