TEODORO TORTONA V JULIAN GREGORIO

GR No. 202612, Jan 17, 2018

LEONEN, J.:

FACTS:

This case is an offshoot of a Deed of Absolute Sale allegedly entered into by sisters
Rufina, the purported seller, and Rafaela, the purported buyer. Petitioners are the heirs of Rufina,
while respondents are the heirs of Rafaela.During their lifetime, Rufina and Rafaela co-owned
with their other siblings twoparcels of land. They shared in equal, undivided 1/10 shares of a
parcel located in Longos, Bacoor, Cavite. They also shared in equal, undivided 1/5 shares of a
second parcel in Talaba, Bacoor, Cavite.

Sometime in 1997, petitioners filed a complaint for recovery of real property with damages.
They alleged that their cousin Emilio offered them a balato for the sale of the first parcel to the
DPWH. Emilio allegedly that according to respondents, the two properties had already been sold
by Rufina to Rafaela during their lifetime.

Petitioners underscored that their mother was illiterate, not even knowing how to write her own
name. They alleged that she only affixed her thumb mark on documents, and whenever she did
so, she was always assisted by at least one of her children. Thus, they asserted that if the sales to
Rafaela were genuine, they should have known about them.

Petitioners likewise presented as witness National Bureau of Investigation fingerprint examiner

Gomez who conducted an examination to determine the genuineness of the questioned thumb
marks in the Deed of Absolute Sale. He noted that he compared the questioned thumb marks with
the genuine thumb marks of Rufina in the standard documents. Gomez noted that "the purported
thumb marks of Rufina in the alleged Deed of Absolute Sale were not identical with her standard
thumb marks in the standard documents" and concluded that "the thumbmarks appearing in the
Deed of Absolute Sale were not impressed by Rufina”.

The RTC ruled in favor of the petitioners declaring the alleged Deed of Absolute Sale as null and
void.

CA reversed it decision and found that the Deed of Absolute Sale was a notarized document and
had in its favor the presumption of regularity.  Thus, according to the Court of Appeals, the
Regional Trial Court's conclusions were suspect. It held that, ultimately, petitioners failed to
prove "by clear and convincing evidence" that the thumbmarks found on the Deed of Absolute
Sale were forged.

ISSUE:
Whether or not the Deed of Absolute Sale allegedly executed by Rufina, as seller, and
Rafaela, as buyer, is void, as Rufina never consented to it and with her apparent thumb marks on
it being fake.
HELD:
Yes, Notarization enables a notary public to ascertain the voluntariness of the party's act
and to verify the genuineness of his or her signature. Through notarization, the public and the
courts may rely on the face of the instrument, without need of further examining its authenticity
and due execution. It is an act that is imbued with public interest. 

Generally, a notarized document carries the evidentiary weight conferred upon it with respect to
its due execution, and documents acknowledged before a notary public have in their favor the
presumption of regularity.

Notarized documents enjoy the presumption of regularity. They are accorded evidentiary weight
as regards their due execution:
However, any such presumption is disputable. It can be refuted by clear and convincing evidence
to the contrary:
It is true that notarized documents are accorded evidentiary weight as regards their due
execution. Nevertheless, while notarized documents enjoy the presumption of regularity, this
presumption is disputable. They can be contradicted by evidence that is clear, convincing, and
more than merely preponderant.
The contentious Deed of Absolute Sale in this case is a notarized document. Thus, it benefits
from the presumption of regularity. The burden of proving that thumb marks affixed on it by an
ostensible party is false and simulated lies on the party assailing its execution. It is then
incumbent upon petitioners to prove by clear and convincing evidence that the seller's thumb
marks, as appearing on the Deed of Absolute Sale, are forged and are not their mother's.
Petitioners were able to discharge their burden of proving forgery by clear and convincing
evidence. Petitioners themselves recounted in a straightforward manner that their mother, being
illiterate, never dealt with her properties without the assistance of any of her children. To attest to
this, they presented documents bearing the thumb marks of their mother, where it appeared that
at least one of them was present to assist her. These same documents, when compared with the
contentious Deed of Absolute Sale, demonstrated the falsity of the thumb marks appearing on the
latter. Respondents' cause may have been supported by the general presumption that notarized
documents were duly executed; however, this presumption must crumble in light of the
significantly more compelling evidence presented by petitioners. As against petitioners'
evidence, all that respondents presented was the testimony of the notarizing lawyer, whose own
acts are clouded with suspicion.