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  • Spouses Patricio and Myrna Bernales vs. Heirs of Julian

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    The heirs of Julian Sambaan filed a complaint to annul a deed of absolute sale of property owned by Julian and his wife Guillerma, alleging their signatures were forged. The trial court cancelled the title and ordered a new one issued in Julian's name. The Supreme Court upheld this ruling, finding substantial evidence that the signatures were forged based on its own review of the records. As the deed was forged, neither the registered owners lost their title nor did the assignees in the forged deed acquire any right or title to the property.

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    The heirs of Julian Sambaan filed a complaint to annul a deed of absolute sale of property owned by Julian and his wife Guillerma, alleging their signatures were forged. The trial court cancelled the title and ordered a new one issued in Julian's name. The Supreme Court upheld this ruling, finding substantial evidence that the signatures were forged based on its own review of the records. As the deed was forged, neither the registered owners lost their title nor did the assignees in the forged deed acquire any right or title to the property.

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    © All Rights Reserved
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    104 views2 pages

    Spouses Patricio and Myrna Bernales vs. Heirs of Julian

    Uploaded by

    girl
    The heirs of Julian Sambaan filed a complaint to annul a deed of absolute sale of property owned by Julian and his wife Guillerma, alleging their signatures were forged. The trial court cancelled the title and ordered a new one issued in Julian's name. The Supreme Court upheld this ruling, finding substantial evidence that the signatures were forged based on its own review of the records. As the deed was forged, neither the registered owners lost their title nor did the assignees in the forged deed acquire any right or title to the property.

    Copyright:

    © All Rights Reserved
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    SPOUSES PATRICIO and MYRNA BERNALES vs.

    HEIRS OF
    JULIAN
    SAMBAAN
    GR. No. 163271, January 15, 2010
    DEL CASTILLO, J.:

    FACTS:
    Spouses Julian and Guillerma Sambaan were the registered owner of
    a property located in Bulua, Cagayan de oro City. The respondents
    and the petitioner Myrna Bernales are the children of Julian and
    Guillerma. Myrna, who is the eldest of the siblings, is the present
    owner and possessor of the property in question. Julian died in an
    ambush in 1975. Before he died, he requested that the property in
    question be redeemed from Myrna and her husband Patricio
    Bernales. Thus, in 1982 one of Julian’s siblings offered to redeem the
    property but the petitioners refused because they were allegedly
    using the property as tethering place for their cattle.

    In January 1991, respondents received an information that the


    subject property was already transferred to Myrna Bernales. The
    Deed of Absolute Sale dated December 7, 1970 bore the forged
    signatures of their parents, Julian and Guillerma. On April 1993, the
    respondents, together with their mother Guillerma, filed a complaint
    for Annulment of Deed of Absolute Sale and cancellation of the title
    alleging that their parent’s signatures were forged. The trial court
    rendered a decision on August 2, 2001 cancelling the TCT and
    ordering another title to be issued in the name of the late Julian
    Sambaan.

    ISSUES:
    Whether or not the Deed of Absolute Sale is authentic as to prove
    the ownership of the petitioners over the subject property.

    HELD:
    It is a well-settled is the rule that the Supreme Court is not a trier of
    facts. Factual findings of the lower courts are entitled to great weight
    and respect on appeal, and in fact accorded finality when supported
    by substantial evidence on the record. Substantial evidence is more
    than a mere scintilla of evidence. It is that amount of relevant
    evidence that a reasonable mind might accept as adequate to
    support a conclusion, even if other minds, equally reasonable, might
    conceivably opine otherwise. But to erase any doubt on the
    correctness of the assailed ruling, we have carefully perused the
    records and, nonetheless, arrived at the same conclusion. We find
    that there is substantial evidence on record to support the Court of
    Appeals and trial court’s conclusion that the signatures of Julian and
    Guillerma in the Deed of Absolute Sale were forged.

    Thus, we hold that with the presentation of the forged deed, even if
    accompanied by the owner’s duplicate certificate of title, the
    registered owner did not thereby lose his title, and neither does the
    assignee in the forged deed acquire any right or title to the said
    property.

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