Case Digest (G.R. No. 215614)
Facts:
Carmelita V. Dizon v. Jose Luis K. Matti, Jr., G.R. No. 215614, March 27, 2019, the Supreme Court Second Division, Caguioa, J., writing for the Court.
This case arose from a Complaint for Specific Performance filed on July 2, 2009 by Jose Luis K. Matti, Jr. (plaintiff/respondent) against Carmelita V. Dizon (defendant/petitioner), seeking enforcement of a purported Deed of Absolute Sale dated February 24, 2000 over a townhouse in Veraville Allegria Townhomes, Las Piñas City (TCT No. T-58674). Respondent alleged that he inspected the property in February 2000, verified a copy of the Owner’s Duplicate Title at the Register of Deeds, paid petitioner in full, and had a notarized deed executed in his favor; he later discovered that the title and related documents were fake and caused annotation of an Affidavit of Adverse Claim to protect his rights.
Petitioner denied ever signing the Deed of Absolute Sale, denied meeting respondent, and asserted she was absent from the Philippines in February 2000. At trial respondent testified as the lone witness; petitioner presented her brother Wilfredo and Joeffrey G. Valix, a Bureau of Immigration agent, plus documentary evidence including passport stamps, travel records, and an employment certification indicating she was working in London during the relevant period.
On October 25, 2011 the Regional Trial Court (RTC), Branch 202, Las Piñas City (Judge Elizabeth Yu Guray), dismissed the complaint, finding that petitioner was not in the Philippines in February 2000 and that her alleged signature on the deed was forged; the RTC therefore declared the deed invalid. A motion for reconsideration was denied by order dated April 13, 2012. Respondent appealed to the Court of Appeals (CA), Tenth Division.
The CA, in a Decision dated July 25, 2014 (penned by Associate Justice Vicente S.E. Veloso), reversed the RTC and declared the Deed of Absolute Sale valid, directing petitioner to deliver the original Owner’s Duplicate Title and surrender possession. The CA relied on the presumption of regularity attaching to notarized documents and noted the absence of a handwriting expert comp...(Subscriber-Only)
Issues:
- Procedural: Should the petition be dismissed for defective Verification and Certification of Non‑Forum Shopping signed by petitioner’s brother instead of petitioner herself?
- Procedural: Was the CA correct to dismiss petitioner’s Motion for Reconsideration for being unsigned by counsel?
- Substantive: Did the Court of Appeals correctly reverse the RTC and declare the Deed of Absolute Sale valid based on the presumption...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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