Case Digest (G.R. No. L-42)
Facts:
Conchita Juachon, in Her Capacity as Guardian of the Persons and Estate of the Minors, Ricardo and Edgardo Ocampo v. Felix Manalo, G.R. No. L-42, January 20, 1947, the Supreme Court, Padilla, J., writing for the Court.The plaintiff-appellant, Conchita Juachon, sued in her capacity as guardian of the persons and estate of her minor wards (children of the late Soledad Tinio), to annul a deed of sale dated January 14, 1945 (Exhibit E) purporting to convey a house and lot at No. 79 Calle San Rafael, Manila, to the defendant-appellee Felix Manalo for P400,000. The deed bore signatures attributed to Soledad Tinio and bore marital consent of her husband Alejandro D. Regala; both Soledad and Alejandro died in February 1945.
At trial the plaintiff introduced handwriting-expert testimony comparing known exemplars of Soledad Tinio’s signature (Exhibits B, C, F; enlargements Exhibits I, H) with the signatures on Exhibit E. The expert identified marked differences in stroke, slant, and formation and concluded the questioned signatures were not those of Soledad Tinio. The plaintiff also pointed to surrounding circumstances: the vendor received no part of the purchase price, the Torrens title was not produced at registration (Register of Deeds memorandum on Exhibit E), and a receipt (Exhibit 8) showed Alejandro Regala received payment — facts suggesting possible collusion by the Regala spouses.
Against the expert, the notary public testified that on January 18, 1945 the Regala spouses and witnesses appeared before him and acknowledged the deed; one instrumental witness, Jose Lukban, testified he saw Soledad sign on January 14 on a sidewalk and that the parties later acknowledged the instrument to the notary. The Court of First Instance of Manila found the evidence insufficient to declare the deed a forgery and dismissed the complaint with costs. The plaintiff appealed to the Supreme Court to reverse that judgment.
Issues:
- Is the guardian a proper real party in interest to sue for annulment of the deed on behalf of the minors?
- Was the deed of sale (Exhibit E) executed by Soledad Tinio, or is it a forgery that must be annulled?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)