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  • Obli - Dela Cruz Vs Sison

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    Syrine Mallorca
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    This case involved a civil case filed by the plaintiff's niece to declare a notarized Deed of Sale null and void. The plaintiff denied signing the deed that was allegedly fraudulently executed in favor of her nephew, the defendant. The issue was whether a deed acknowledged before a notary public is considered a public document admissible as evidence. The court held that documents acknowledged before notaries public are public documents admissible without need to prove authenticity or due execution, as they carry a presumption of regularity that requires clear and convincing evidence to contradict. The petitioner failed to overcome this presumption.

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    Obli -Dela Cruz vs Sison

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    This case involved a civil case filed by the plaintiff's niece to declare a notarized Deed of Sale null and void. The plaintiff denied signing the deed that was allegedly fraudulently executed in favor of her nephew, the defendant. The issue was whether a deed acknowledged before a notary public is considered a public document admissible as evidence. The court held that documents acknowledged before notaries public are public documents admissible without need to prove authenticity or due execution, as they carry a presumption of regularity that requires clear and convincing evidence to contradict. The petitioner failed to overcome this presumption.

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    15 views1 page

    Obli - Dela Cruz Vs Sison

    Uploaded by

    Syrine Mallorca
    This case involved a civil case filed by the plaintiff's niece to declare a notarized Deed of Sale null and void. The plaintiff denied signing the deed that was allegedly fraudulently executed in favor of her nephew, the defendant. The issue was whether a deed acknowledged before a notary public is considered a public document admissible as evidence. The court held that documents acknowledged before notaries public are public documents admissible without need to prove authenticity or due execution, as they carry a presumption of regularity that requires clear and convincing evidence to contradict. The petitioner failed to overcome this presumption.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    EPIFANIA DELA CRUZ VS. SPS. EDUARDO C.

    SISON

    [G.R. No. 163770. February 17, 2005]

    Facts:

    This is a civil case filed by the plaintiff, then deceased who was substituted by her niece in order to
    declare a notarized Deed of Sale null and void. The Deed was alleged to have been executed by the
    plaintiff fraudulently in favor of her nephew, the defendant.She denies knowledge of affixing her
    signature in said deed. Unfortunately, the notary public before whom the parties appeared already died
    prior to the filing of the case.

    Issue:

    If the deed of sale, acknowledge before a notary public is considered a public document which are
    admissible in evidence.

    Held:

    YES, documents acknowledged before notaries public are public documents which are admissible in
    evidence without necessity of preliminary proof as to their authenticity and due execution. They have in
    their favor the presumption of regularity, and to contradict the same, there must be evidence that is
    clear, convincing and more than merely preponderant. The burden of proof to overcome the\
    presumption of due execution of a notarial document lies on the one contesting the same.

    Petitioner failed to discharge this burden.

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