G.R. No.

188395               November 20, 2013

HEIRS OF THE LATE FELIX M. BUCTON, namely: NICANORA G. BUCTON, ERLINDA

BUCTON-EBLAMO, AGNES BUCTON-LUGOD, WILMA BUCTON-YRAY and DON G.
BUCTON, Petitioners,
vs.
SPOUSES GONZALO and TRINIDAD GO, Respondents.

DOCTRINE:

Preponderance of evidence is the weight, credit, and value of the aggregate evidence on either side
and is usually considered to be synonymous with the term "greater weight of the evidence" or
"greater weight of the credible evidence." Preponderance of evidence is a phrase which, in the last
analysis, means probability of the truth. It is evidence which is more convincing to the court as
worthier of belief than that which is offered in opposition thereto.

FACTS:

Felix who is the registered owner of the disputed property received a call from Go stating that the
latter brought the subject property to Belisario who showed that he has a SPA executed by Felix.
Upon investigation, he found out that the owner’s duplicate of title was lost while in the possession of
his daughter. Meanwhile, Felix died and his heirs filed a complaint for the annulment of deed of sale
stating that the signature to the SPA was forged. During trial, the petitioners presented expert
testimony stating that the signature was forged and also the testimony of the wife stating that he
lived with Felix for 50 years and the signature that was signed in the SPA was not of his, further, at
some previous date Felix filed a criminal case against Belisario for falsification of public document
but was archived because the latter jump bail.

ISSUE:
WON forgery was proved with preponderance of evidence.

RULING:
YES.

Indubitably, the foregoing testimonial and circumstantial evidence cast doubt on the integrity,
genuineness, and veracity on the questioned SPA and impels this Court to tilt the scale in favor of
the Heirs of Felix. Although there is no direct evidence to prove forgery, preponderance of evidence
indubitably favors the Heirs of Felix. Preponderance of evidence is the weight, credit, and value of
the aggregate evidence on either side and is usually considered to be synonymous with the term
"greater weight of the evidence" or "greater weight of the credible evidence." Preponderance of
evidence is a phrase which, in the last analysis, means probability of the truth. It is evidence which is
more convincing to the court as worthier of belief than that which is offered in opposition thereto. The
court also considered that the disparity of the signature is visible upon plain sight.