Case Summary (G.R. No. 156284)
Trial and Appellate History
The Regional Trial Court dismissed petitioner’s cases (civil actions to annul the deeds and recover properties or damages). The Court of Appeals affirmed in toto. Petitioner invoked Rule 45 certiorari before the Supreme Court, asserting factual misapprehensions, grave abuse of discretion, and overlooked irregularities.
Rule on Binding Findings and Exceptions
Under the Rules of Court and jurisprudence, factual findings of the RTC and CA are binding on the Supreme Court, except when based on manifestly mistaken or impossible inferences, grave abuse of discretion, misapprehension of facts, or overlooked undisputed evidence. Petitioner sought to invoke these exceptions.
Expert Witness Testimonies and Credibility
Petitioner’s NBI expert, Zenaida Torres, opined that the handwritten signature predated typing on Document No. 401 (touch of “o” over typewritten “n”) and that horizontal variances proved separate typing sessions. The RTC discredited her: she lacked specialized credentials, had no access to the actual typewriter, conceded vertical alignment was perfect, and admitted pitch distortion could explain horizontal variances.
Respondents’ expert, Francisco Cruz, demonstrated—using typewriting measurement instruments, ink-tone consistency, margin alignment, and enlarged photographs—that both documents were typed in one continuous sitting. He also testified that no meaningful intersections existed between ink and typescript, making sequence determination impossible per authoritative sources. The RTC and CA found Cruz’s testimony more consistent with established treatises (e.g., Wilson Harrison).
Alleged Irregularities on Document Face
Petitioner highlighted letter-size bond paper, minimal margins, single-spacing, consolidation of diverse properties in single-page deeds, lack of multiple copies, inconsistent placement of PTR numbers, and a non-existent bodega. The Supreme Court held such formal quirks—common among non-lawyer preparers and not indicative of fraud—do not affect validity. Good faith is presumed; petitioner bore the burden to prove bad faith, which circumstantial doubts alone could not satisfy.
Donor’s Tax Payment Dispute
Respondents produced documentary proof that Consuelo filed returns and paid P119,283.63 on October 9, 1979 (check issued by Consuelo, subdivision receipts, BIR acknowledgments) and paid the balance on December 4, 1979. Petitioner pointed to a December 4 certification stating payment was made “on even date” and consecutive receipt numbers. The Court held petitioner failed to prove antedating or falsification of BIR records, and payment timing, even if adverse, did not establish his core allegation of intercalation.
Credibility of Notary Public Sebastian
Petitioner alleged Judge Sebastian’s later administrative dismissal for dishonesty tainted his notarization testimony. The Court of Appeals record showed the deeds were reported to the Notarial Registrar on July 2, 1979. Under Rules of Court, a party may not impeach its own witness unless declared hostile or adverse; Sebastian was neither. Moreover, his testimony aligned with notarial registry entries, and his subsequent administrative sanction post-testimony did not automatically discredit him.
Alleged Implausible Execution Circumstances
Petitioner questioned how the parties could travel from Marikina to Quezon City, execute, notarize, pay cash, and reach the airport for an April 21 flight within hours. The Court noted (1) traffic
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Procedural History
- Petition for Review on Certiorari under Rule 45 of the Rules of Court, G.R. No. 156284, filed by Augusto Gomez, Special Administrator of the Intestate Estate of Consuelo Gomez.
- RTC of Pasig City, Branches 23 and 58, consolidated Civil Cases Nos. 36089 and 36090; joint decision of April 8, 1992 dismissing complaints and awarding damages to respondents.
- Court of Appeals affirmed RTC’s decision in full by Decision dated September 4, 2002 and denied petitioner’s motion for reconsideration on November 27, 2002.
- Issues on review: nine questions challenging factual findings, expert credibility, apparent document irregularities, payment of donor’s tax, notary public testimony, circumstantial evidence, and petition’s damages.
Facts of the Case
- Decedent Consuelo Gomez owned three parcels of land in Marikina (TCT Nos. 340233, 353818) and Pasig (TCT 268396), shares in two corporations, jewelry in a safe deposit box, two motor vehicles (1978 Mercedes Benz, 1979 Toyota Corona), and P200,000 money‐market placement.
- Petitioner filed:
• Civil Case No. 36089 to annul two inter vivos deeds of donation executed April 21, 1979 in favor of Maria Rita Gomez‐Samson and Jesus B. Gomez, alleging forgery of Consuelo’s signature and antedating of the notarial acknowledgement.
• Civil Case No. 36090 for similar relief against Ariston A. Gomez, Sr. and Ariston B. Gomez, Jr. concerning personal properties and alleged misappropriation. - Respondents claimed validity of deeds, proper submission to CFI Quezon City on July 2, 1979, and transfer of ownership effective April 20, 1979; counterclaimed for damages.
- Trial court consolidated cases, directed memoranda, and in April 1992 dismissed complaints, cancelled replevin bonds, and awarded damages in favor of Ariston Jr.
Issues Presented
- Exception to binding effect of CA factual findings: allegation of misapprehension, manifestly mistaken inferences, grave abuse of discretion, overlooked facts, and contradictions by record evidence.
- Challenged rulings:
- Antedating and falsification of deeds.
- Credibility of NBI Document Examiner vs. PC-INP Crime Lab expert.
- Geneva of donor’s tax payment date.
- Weight given to Notary Public Jose Sebastian’s testimony and certification.
- Face‐apparent irregularities in deeds (paper size, margins, single page, deed contents, typewriter use).
- Unusual execution and notarization circumstances (timing, choice of notary, absence of prior appointment).
- Belated registration transfers.
- Disregard of NBI expert’s opinion.
- Sufficiency of circumstantial evidence to establish simulation and falsification.
Findings on Expert Witness Testimonies
- Petitioner’s expert Zenaida Torres (NBI Document Examiner):
• Confirmed genuineness of Consuelo’s signatures but opined deed bodies not typed in single sitting (horizontal variances).
• Asserted typewritten name over signature in Document 401 based on a single “o-n” proximity.
• Admitted lack of specialized board qualification, failure to test the actual typewriter, and possible technical causes for variances. - Respondents’ expert Francisco Cruz (PC-INP Chief, Document Examination):
• Determined one-sitting t