Heirs of Lacsa v CA
197 SCRA 234 (1991)
Facts:
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1. This petition involves 2 cases, namely:a. Civil Case No. G81190: is an action for recovery of possession with damages and preliminary injunction filed by petitioners, the heirs of Demetria Lacsa, against Aurelio Songco and John Doe based on the allegations thati. petitioners are heirs of deceased Demetria Lacsa who, during her lifetime,was the owner of a certain parcel of land consisting partly of a fishpond and partly of uncultivated open space, located in Pampanga, evidenced by OCT No. RO81038 (11725);ii. that the respondent and his predecessor-in- interest who, thru stealth, fraud and other forms of machination,succeeded in occupying or possessing the fishpond of said parcel of land and refused to vacate despite demandsb. Civil Case No. G81332: is an action also by herein petitioners against private respondents before the same lower court for cancellation of title, ownership with damages and preliminary injunction, based on the same allegations and alsoi. That respondents, later abandoned the same but only after the case was filed and after all the fish were transferred to the adjoining fishpond owned by the private respondents;ii. that by presenting to the Register of Deeds of Pampanga certain forged and absolutely simulated documents, namely: "TRADUCCION AL CASTELLANO DE LA ESCRITURA DE PARTICION EXTRAJUDICIAL" and "ESCRITURA DE VENTA ABSOLUTA", respectively, and by means of false pretenses and misrepresentation, Inocencio Songco, the private respondents' predecessor-in-interest, succeeded in transferring the title to said property in his name, to the damage and prejudice of the petitioners2. Private respondents denied the material allegations of both complaints and alleged as special and affirmative defenses, petitioners' lack of cause of action for the reasona. that OCT No. RO81038 (11725) was merely a reconstituted copy upon petitioners' expedient claim that the owner's duplicate copy thereof had been missing when the truth of the matter was that OCT in the name of Demetria Lacsa, had long been cancelled and superseded by TCT No. 794 in the name of Alberta Guevarra and Juan Limpin by virtue of the document entitled "TRADUCCION AL CASTELLANO DE LA ESCRITURA DE PARTICION EXTRAJUDICIAL" entered into by the heirs of Demetria Lacsa;b. that the latter TCT was superseded by TCT No. 929 issued in the name of Inocencio Songco (father of private respondents) by virtue of a document entitled "ESCRITURA DE VENTA ABSOLUTA" executed by spouses Juan Limpin and Alberta Guevarra in favor of said Inocencio Songo.3. Private respondents answer: pleaded a counterclaim against petitioners based on allegationsa. Petitioners, headed by Carlito Magpayo, by force and intimidation, took possession of a portion of the fishpond in the land and occupied a hut therein,b. that at that time, private respondents had 3,000 bangus fingerlings left in the fishpond which upon petitioners' harvest thereof left private respondents deprived and damaged in the amount of P50,000.00c. that such illegal occupancy caused private respondents to suffer unrealized income and profits, sleepless nights, xxx4. The parties filed in Civil Case No. G81332 a joint stipulation of facts, alleging:a. the plaintiffs, being heirs of Demetria Lacsa, filed Civil Case No. 1190;b. That after the defendants filed their Answer in the said Civil Case No. G8 1190, said plaintiffs filed a Motion for Leave to Admit Amended and/or Supplemental Complaint.c. That the said motion was denied by the Honorable Court, hence, said plaintiffs filed Civil Case No. G81332, with the same cause of action as that of the proposed Amended and/or Supplemental Complaint;d. That the evidences of both parties in both cases are practically and literally the same;e. That in order to avoid duplicity of action by repeatedly presenting the same act of evidences and same set of witnesses, the parties mutually agreed as they hereby agree and stipulate that any and all evidences presented under Civil Case No. 1190 shall be adopted as evidences for both parties in the above entitled case,f. and upon submission for resolution of Civil Case No. G81190, the above entitled case shall likewise be deemed submitted for resolution on the basis of the evidence presented in the same Civil Case No. G81190.5. LC: fishpond belongs to the respondents, having been inherited by them from their deceased father Inocencio Songco; Ordered dismissal of both cases; ordered cancellation of OCT.a. the fishpond originally owned by Demetria Lacsa under OCT No. 11725.b. After Demetria Lacsa died her two daughters Alberta and Ambrocia Guevarra with their respective husbands Juan Limpin and Damaso Cabais entered into an extrajudicial partition of the properties left by Demetria Lacsa under the document "Traduccion Al Castellano de la Escritura de Partition Extrajudicial" (Exhibits "3","38A" and "38B")c. fishpond was adjudicated to Alberta and which deed was duly registered in the Office of the Registry of Deeds of Pampanga as evidenced by the certification of the Deputy Register of Deeds marked as Exhibit "38C".d. Another deed of partition in the Pampango dialect marked as Exhibit "38D" "wherein the fishpond in question was adjudicated to Alberta Guevarra. As a consequence, OCT No. 794 (Exhibit "4") was issued to spouses Alberta and Juan.e. the spouses Juan Limpin and Alberta Guevarra sold the fishpond to Inocencio Songco under the deed entitled "Escritura de Venta Absoluta" (Exhibits "7" and "78A") which was duly registered in the Office of the Registry of Deeds of Pampanga as evidenced by the certification of the Deputy Register of Deeds marked Exhibit "78B".f. As a result of the sale TCT No. 794 (Exhibit "4") in the name of the spouses Alberta and Juan was cancelled by the Office of the Registry of Deeds of Pampanga and Transfer Certificate of Title No. 929 was issued to Inocencio Songco."6. Petitioners appealed to CA and assigned the following errors:a. In failing to appreciate preponderance of evidence that the 2 docs (exhs 3 &7) were forged, simulated. Hence null and voidb. In holding that no evidence of forgery as to the signature of Juan and thumbmark of Alberta appearing on the EXCRITUA DE VENTA ASOLUTA (exhs7,78A)c. In appreciating in favor of the resp. the docs presented by witness Jesus Cruz when sources could not be accounted for and authenticity is in questiond. That Inocencio Sogco was an innocent purchaser fore. In holding that TCT 929 was issued to Inocencio by the RDf. In holding that OCT was issued by the court in excess of Jurisdiction.g. In failing to appreciate that the voluntary abandonment of the fishpond by the appellees was a recognition of appellant’s title to it.7. CA: AFFIRMED LC; MR DeniedIssue/s:WON the CA correctly applied the “ancient document rule on the questioned documents "ESCRITURA DE PARTICION EXTRAJUDICIAL" AND "ESCRITURA DE VENTA ABSOLUTA; AND MARKED DURING THE TRIAL AS EXHIBITS "3" AND "7"Held: NOPetitioners contend that the Court of Appeals wrongfully applied the "ancient document rule" provided in Sec. 22, Rule 132 of the Rules of Court.The rule states that:Sec. 22. Evidence of execution not necessary.— Were a private writing is more than thirty years old, is produced from a custody in which it would naturally be found if genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its execution and authenticity need be given.It is submitted by petitioners that under this rule, for a document to be classified as an "ancient document", it must not only be at least thirty (30) years old but it must also be found in the proper custody and is unblemished by alterations and is otherwise free from suspicion.Thus, according to petitioners, exhibits "3" and "7", entitled "Traduccion Al Castellano de la Escritura de Particion Extrajudicial" and "Escritura de Venta Absoluta", respectively, can not qualify under the foregoing rule, for the reason that since the "first pages" of said documents do not bear the signatures of the alleged parties thereto, this constitutes an indelible blemish that can beget unlimited alterations.We are not persuaded by the contention. Under the "ancient document rule," for a private ancient document to be exempt from proof of due execution and authenticity, it is not enough that it be more than thirty (30) years old; it is also necessary that the following requirements are fulfilled; (1) that it is produced from a custody in which it would naturally be found if genuine; and (2) that it is unblemished by any alteration or circumstances of suspicion.The first document, Exhibit "3", entitled 'Traduccion Al Castellano de la Escritura de Particion Extrajudicial" was executed on 7 April 1923 whereas the second document, exhibit "7", entitled "Escritura de Venta Absoluta" was executed on 20 January 1924. These documents are, therefore, more than thirty (30) years old. Both copies of the aforementioned documents were certified as exact copies of the original on file with the Office of the Register of Deeds of Pampanga, by the Deputy Register of Deeds. There is a further certification with regard to the Pampango translation of the document of extrajudicial partition which was issued by the Archives division, Bureau of Records Management of the Department of General Services.Documents which affect real property, in order that they may bind third parties, must be recorded with the appropriate Register of Deeds. The documents in question, being certified as copies of originals on file with the Register of Deeds of Pampanga, can be said to be found in the proper custody. Clearly, therefore, the first two (2) requirements of the "ancient document rule" were met.As to the last requirement that the document must on its face appear to be genuine, petitioners did not present any conclusive evidence to support their allegation of falsification of the said documents. They merely alluded to the fact that the lack of signatures on the first two (2) pages could have easily led to their substitution. We cannot uphold this surmise absent any proof whatsoever. As held in one case, a contract apparently honest and lawful on its face must be treated as such and one who assails the genuineness of such contract must present conclusive evidence of falsification.Moreover, the last requirement of the "ancient document rule" that a document must be unblemished by any alteration or circumstances of suspicion refers to the extrinsic quality of the document itself. The lack of signatures on the first pages, therefore, absent any alterations or circumstances of suspicion cannot be held to detract from the fact that the documents in question, which were certified as copied of the originals on file with the Register of Deeds of Pampanga, are genuine and free from any blemish or circumstances of suspicion.The documents in question are "ancient documents" as envisioned in Sec. 22 of Rule 132 of the Rules of Court. Further proof of their due execution and authenticity is no longer required. Having held that the documents in question are private writings which are more than thirty (30) years old, come from the proper repository thereof, and are unblemished by any alteration or circumstances of suspicion, there is no further need for these documents to fulfill the requirements of the 1903 Notarial Law.Hence, the other contentions of the petitioners that the documents do not fulfill the mandatory requirements of the Notarial Law and that the proper person or public official was not presented to testify on his certification of the documents in question, need not be resolved as they would no longer serve any purpose.WHEREFORE, the Petition is DENIED. The appealed decision of the Court of Appeals is AFFIRMED.
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