Title
Domingo vs. Domingo
Case
G.R. No. 150897
Decision Date
Apr 11, 2005
Petitioner alleged forgery in a 1970 property sale by his late father, Bruno, to siblings. Courts upheld the deed's validity, citing unreliable handwriting analysis, credible witnesses, and the presumption of regularity of notarized documents.
A

Case Summary (G.R. No. 150897)

Factual Background

The case revolves around a family dispute regarding the validity of a Deed of Absolute Sale executed by Bruno B. Domingo in December 1970 for a house and lot located at 34 H. Honrubia St., Project 4, Quezon City. The property was originally registered under Bruno's name, evidenced by Transfer Certificate of Title (TCT) No. 128297. The sale was undertaken at a time when Bruno required funds for medical expenses, transferring the property to his children: Leonora, Nuncia, Abella, and Jose, for a consideration of P10,000. The sale was witnessed and notarized, leading to an updated title reflecting the new ownership.

Dispute and Legal Proceedings

Following Bruno's death in April 1975, Turadio, one of his five children, began residing on the disputed property and later received a notice from the City Hall declaring him a squatter, primarily instigated by respondents Jose and Leonora. The conflict escalated when Turadio discovered the existence of the Deed of Absolute Sale after an ejectment suit was filed against him in 1986. He alleged the signatures on the deed were forgeries and obtained two conflicting expert reports on the authenticity of the signatures, leading to his filing of various criminal complaints for forgery, all of which were dismissed by the public prosecutor and later affirmed by the Department of Justice.

Civil Case Initiation

In light of these circumstances, Turadio filed Civil Case No. Q-89-3820 seeking a declaration of nullity for the Deed of Sale and requesting reconveyance of the property. He argued that the deed was not genuinely executed by Bruno and violated a restriction on the property's title that necessitated prior approval from the People's Homesite and Housing Corporation for any sale.

Trial Court's Ruling

The Regional Trial Court, in its Judgment on January 6, 1998, dismissed the case, ruling that Turadio failed to provide sufficiently reliable evidence to support his claims. The court noted the conflicting results of the expert reports and emphasized the lack of evidence proving that the standard signatures provided were indeed Bruno's. It also dismissed Turadio's assertion regarding the necessity of PHHC approval for the sale, determining that there was insufficient evidence to substantiate this claim.

Appeal and Appellate Court Decision

Turadio appealed the trial court's ruling to the Court of Appeals, where he contended that the lower court had erred in disregarding the findings of the PC-INP Crime Laboratory regarding the authenticity of the signature. He subsequently filed motions for a new trial based on newly discovered evidence, including letters allegedly from Bruno to the PHHC, seeking approval for a mortgage. However, the appellate court denied these motions, asserting a lack of diligence in discovering the evidence and that the motions did not provide the necessary supporting affidavits.

Final Ruling

On November 26, 2001, the Court of Appeals affirmed the trial court's decision. The appellate court

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