Title
Supreme Court
Calimag vs. Heirs of Macapaz
Case
G.R. No. 191936
Decision Date
Jun 1, 2016
Heirs challenge forged deed post-death; SC affirms respondents as legitimate heirs, voids sale due to forgery, reinstates original title.

Case Summary (G.R. No. 191936)

Procedural History and Property Title Issue

Following Silvestra’s death in 2002, the petitioner purportedly acquired Silvestra’s portion of the property through a Deed of Sale dated January 18, 2005, leading to the cancellation of the original title (TCT No. 183088) and issuance of a new title (TCT No. 221466) under the petitioner's sole name. The respondents later challenged this, alleging forgery of the Deed of Sale and fraudulent cancellation of the original title.

Criminal Complaint and Civil Action

Respondents filed a criminal complaint against the petitioner for falsification of public documents, which was eventually dismissed. Subsequently, they instituted a civil action for annulment of the Deed of Sale and cancellation of the new title with damages. The petitioner countered that respondents lacked legal capacity to sue as they were illegitimate children, purportedly barred from inheriting under Article 992 of the Civil Code.

Regional Trial Court’s Ruling

The RTC found the Deed of Sale forged, as Silvestra had died three years before its execution. It declared the sale null and void, ordered cancellation of the new title and reinstatement of the original title, and awarded damages to the respondents. The RTC also ruled that respondents had the legal personality to sue, holding that their filiation to Anastacio, Sr. was legitimate based on marriage evidence and birth certificates.

Court of Appeals Decision

The CA affirmed the RTC decision with modification to reduce damages. It held that the cancellation and reissuance of title had been obtained through forgery. The CA similarly upheld the respondents’ legitimacy and legal capacity to sue, emphasizing the presumption in favor of marriage and legitimacy supported by a marriage contract and canonical certificate, as well as the respondents’ birth certificates indicating Filiations.

Petitioner’s Arguments on Legitimacy

The petitioner challenged the sufficiency of marital proof between Anastacio, Sr. and Fidela, asserting that the marriage contract was inadmissible secondary evidence lacking proper authentication, and the canonical certificate was inadequate proof of marriage under the Family Code. She also argued the birth certificates failed to conclusively prove legitimacy, claiming the absence of the father’s signature invalidated them as evidence of paternity.

Respondents’ Defense and Legal Capacity

Respondents maintained that legitimacy presumptions are strong and can only be questioned in a direct action by qualified parties. They emphasized that the certificates of live birth are public documents entitled to prima facie evidentiary weight. The canonical marriage certificate and birth certificates collectively substantiated their legitimate filiation to Anastacio, Sr.

Supreme Court’s Evidentiary Analysis on Proof of Marriage

The Court acknowledged that while the original marriage contract was not produced, the secondary evidence submitted complied with the requirements under the Rules on Evidence by proving the existence and lawful execution of the original document without bad faith. The canonical certificate, although a private writing, was admissible as corroborative evidence but required authentication which was absent. However, proof of marriage could also be established by other relevant evidence such as cohabitation, birth certificates of offspring, and public acknowledgment.

Presumption of Marriage and Legitimacy

The Court noted the long-standing jurisprudential presumption that persons living as husband and wife are presumed legally married absent evidence to the contrary. The Respondents’ birth certificates reflected that their parents were married, and Fidela's signature as informant validated the registration of birth and parentage under the law—birth certificates being public documents and prima facie evidence of facts therein.

Legitimacy under Section 5 of Act No. 3753

The Court rejected the petitioner’s contention that the fathers’ signature is necessary in birth certificates to establish legitimacy, citing Section 5 of Act No. 3753, which

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