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MONDAY,JANUARY21,2013

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AlcantaraDausvs.SpousesDeLeon

ALCANTARADAUSv.SPOUSESDELEON
G.R.No.149750June16,2003
FACTS:
SpousesDeLeonaretheownersofaparceloflandsituatedintheMunicipalityof
San Manuel, Pangasinan with an area of Four Thousand Two Hundred Twelve square
metersmoreorless.RespondentHermosoDeLeoninheritedthesaidlotfromhisfather
Marcelino De Leon by virtue of a Deed of ExtraJudicial Partition. Said lot is covered by
OriginalCertificateofTitleNo.22134oftheLandRecordsofPangasinan.

NUFFNANGADS

Sometime1960s,SpousesDeLeonengagedtheservicesofthelateAtty.FlorencioJuan
to take care of the documents of their properties. They were asked to sign voluminous
documentsbythelatter.AfterthedeathofAtty.Juan,somedocumentssurfacedandmost
revealed that their properties had been conveyed by sale or quitclaim to Hermosos
brothers and sisters, to Atty. Juan and his sisters, when in truth and in fact, no such
conveyances were ever intended by them. Furthermore, respondent found out that his
signatureintheDeedofExtrajudicialPartitionwithQuitclaimmadeinfavorofRodolfode
Leonwasforged.TheydiscoveredthatthelandinquestionwassoldbyRodolfodeLeon
toAuroraAlcantara
Spouses De Leon demanded the annulment of the document and reconveyance but
defendantsrefused.Petitioner,AuroraAlcantaraDausaverredthatsheboughtthelandin
question in good faith and for value on December 1975 and that she has been in
continuous,public,peaceful,openpossessionoverthesameandhasbeenappropriating
theproducethereofwithoutobjectionfromanyone.
TheRTCofUrdaneta,PangasinanrendereditsDecisioninfavorofhereinpetitioner.It
ruled that respondents claim was barred by laches, because more than 18 years had
passedsincethelandwassold.Itfurtherruledthatsinceitwasanotarialdocument,the
DeedofExtrajudicialPartitioninfavorofRodolfodeLeonwaspresumptivelyauthentic.
ISSUES:

Whether or not the Deed of Absolute executed by Rodolfo De Leon over the land in
questioninfavorofpetitionerwasperfectedandbindinguponthepartiestherein?
WhetherornottheevidentiaryweightoftheDeedofExtrajudicialPartitionwithQuitclaim,
executedbyrespondentHermosodeLeon,PerlitadeLeonandCarlotadeLeoninfavor
of Rodolfo de Leon was overcome by more than a preponderance of evidence of
respondents?

HELD:
FirstIssue:

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IAMAGREEABLE:AlcantaraDausvs.SpousesDeLeon

NO.It is during the delivery that the law requires the seller to have the right to transfer
ownershipofthethingsold.Ingeneral,aperfectedcontractofsalecannotbechallenged
onthegroundofthesellersnonownershipofthethingsoldatthetimeoftheperfectionof
thecontract.
Further, even after the contract of sale has been perfected between the parties, its
consummationbydeliveryisyetanothermatter.Itisthroughtraditionordeliverythatthe
buyeracquirestherealrightofownershipoverthethingsold.
Undisputedisthefactthatatthetimeofthesale,RodolfoDeLeonwasnottheownerof
the land he delivered to petitioner. Thus, the consummation of the contract and the
consequent transfer of ownership would depend on whether he subsequently acquired
ownership of the land in accordance with Article 1434 of the Civil Code. Therefore, we
need to resolve the issue of the authenticity and the due execution of the Extrajudicial
PartitionandQuitclaiminhisfavor.

SecondIssue:
NO. As a general rule, the due execution and authenticity of a document must be
reasonably established before it may be admitted in evidence. Notarial documents,
however,maybepresentedinevidencewithoutfurtherproofoftheirauthenticity,sincethe
certificateofacknowledgmentisprimafacieevidenceoftheexecutionoftheinstrumentor
document involved. To contradict facts in a notarial document and the presumption of
regularity in its favor, the evidence must be clear, convincing and more than merely
preponderant.
The CA ruled that the signature of Hermoso De Leon on the Extrajudicial Partition and
Quitclaim was forged. However, this factual finding is in conflict with that of the
RTC.While normally this Court does not review factual issues,this rule does not apply
whenthereisaconflictbetweentheholdingsoftheCAandthoseofthetrialcourt,as in
thepresentcase.
Afterporingovertherecords,theSCfindsnoreasontoreversethefactualfindingofthe
appellate court. A comparison of the genuine signatures of Hermoso De Leon with his
purportedsignatureontheDeedofExtrajudicialPartitionwithQuitclaimwillreadilyreveal
thatthelatterisaforgery.AsaptlyheldbytheCA,suchvariancecannotbeattributedto
theageorthemechanicalactsofthepersonsigning.
Postedbyjpendletonat10:59AM
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Labels:2003,AlcantaraDausvs.SpousesDeLeon,CaseDigest,Digest,G.R.No.149750,
June15,LandTitlesandDeeds

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