Case Digest (G.R. No. 246989)
Facts:
The petition was filed by the Heirs of Jose V. Lagon against Ultramax Healthcare Supplies, Inc. and others after the Lagon spouses’ Transfer Certificates of Title were cancelled and replaced by titles issued in Ultramax’s name; the heirs sought annulment of the new titles, alleging a falsified Deed of Absolute Sale. During trial the heirs presented a forensic report finding the questioned deed falsified, and respondents later sought to introduce and have examined a separate Deed of Mortgage not identified or pre‑marked at pre‑trial; the Regional Trial Court admitted the Supplemental Judicial Affidavit and allowed the handwriting examination, the Court of Appeals affirmed, and the petitioners brought the case to the Supreme Court.Issues:
- Did the Court of Appeals err in finding that the Regional Trial Court did not gravely abuse its discretion in granting the Motion to have the Deed of Mortgage examined by a handwriting expert?
- Was the admission and examination of the Deed of
Case Digest (G.R. No. 246989)
Facts:
- Parties and properties
- Heirs of Jose V. Lagon, namely: Maria Jocelyn Lagon-Rodriguez, Armando L. Lagon, Jonald Jose L. Lagon, Joselito L. Lagon, Leilanie L. Lagon, Jose L. Lagon, Jr., Mary Emilie Lagon-Sanchez, Stefanie Grace L. Lagon, Ryan Neil L. Lagon, Nenita L. Lagon, Jr., and Nenita L. Lagon, appeared as Petitioners.
- Ultramax Healthcare Supplies, Inc., Margie K. Huan, Melodie Anne Ko Huan, Mael Allison Ko Huan, Gianne Carlo Ko Huan, Rosana M. Navarro, and the Register of Deeds for the Province of South Cotobato appeared as Respondents.
- The Lagon Spouses were registered owners of two parcels covered by TCT Nos. T-72558 and T-72564 in Marbel, Koronadal City.
- Discovery of cancelled titles and filing of action
- In July 2011, petitioners discovered that TCT Nos. T-72558 and T-72564 had been cancelled and replaced by TCT Nos. T-141372 and T-131373 in the name of Ultramax Healthcare Supplies, Inc.
- On September 29, 2011, petitioners filed a Complaint for annulment of the new titles, denying sale and alleging falsification of a Deed of Absolute Sale that caused cancellation and transfer of titles.
- Respondents' pleaded defense and alleged transaction
- In its Answer, Ultramax Healthcare Supplies, Inc. alleged that in 2009 Margie K. Huan loaned the Lagon Spouses P2.3 million at 4% monthly interest and that the spouses used the two properties as collateral.
- Respondents alleged that the Lagon Spouses could not pay, agreed to cede the properties to Huan with Ultramax as transferee, and that a representative delivered TCT Nos. T-72558 and T-72564 to Huan in exchange for evidence of indebtedness.
- Substitution and commencement of trial
- Jose Lagon died while the case was pending; his heirs substituted him on motion granted June 17, 2013.
- Trial ensued thereafter.
- Evidence of registration and forensic examination
- On August 2, 2013, one Al Barrometro deposed that he facilitated registration of TCT Nos. T-141372 and T-131373 by presenting a Deed of Absolute Sale purportedly executed by the Lagon Spouses and notarized by Atty. Damaso Cordero.
- On September 7, 2013, petitioners moved for forensic handwriting examination of the Deed of Absolute Sale, which the trial court granted.
- The NBI forensic examination concluded that the signatures on the Deed of Absolute Sale had been falsified.
- Petitioners' presentation of evidence
- Petitioners filed their Formal Offer of Evidence and rested; their exhibits were admitted by the trial court.
- Respondents' late attempts to introduce further documents
- On November 20, 2015, respondents served a Request for Admission to Nenita seeking admission of a Deed of Mortgage and a Deed of Absolute Sale, both dated December 2009; petitioners objected as immaterial.
- On January 28, 2016, respondents re-served the Request for Admission addressed to Jocelyn and Leilani; petitioners reiterated objection.
- On May 18, 2016, respondents filed a Supplemental Judicial Affidavit (SJA) of Margie K. Huan that attached a Deed of Mortgage identical to the document requested earlier; petitioners objected that it was never alleged in the Answer and was irrelevant.
- Trial court Resolutions admitting SJA and ordering examination
- On July 1, 2016, the Regional Trial Court admitted the SJA on grounds of substantial justice and allowed the Deed of Mortgage to be introduced not to prove its existence but to prove "previously existing obligations" and to assist in signature comparison.
- Respondents moved for NBI handwriting examination of the Deed of Mortgage; petitioners objected.
- On March 10, 2017, the Regional Trial Court granted the motion and directed examination; petitioners' reconsideration was denied.
- Court of Appeals pro...(Subscriber-Only)
Issues:
- Primary issue presented to the Court
- Whether the Court of Appeals erred in finding that the Regional Trial Court did not gravely abuse its discretion in granting respondents' Motion to have the Deed of Mortgage examined by a handwriting expert.
- Subsidiary legal issues implicit in the primary question
- Whether the trial court exceeded its discretion in allowing documentary evidence that was not identified and pre-marked during pre-trial under the Judicial Affidavit Rule, sec. 2, and related A.M. No. 03-1-09-SC provisions.
- Whether the Deed of Mortgage was relevant to the principal issue of alleged falsification of the Deed of Absolute Sale...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)