This case has been cited 3 times or more.
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2009-01-30 |
TINGA, J. |
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| Even assuming arguendo that the extrajudicial settlement was a forgery, the Court still has to uphold the title of petitioner. The case law is that although generally a forged or fraudulent deed is a nullity and conveys no title, there are instances when such a fraudulent document may become the root of a valid title.[39] And one such instance is where the certificate of title was already transferred from the name of the true owner to the forger, and while it remained that way, the land was subsequently sold to an innocent purchaser. For then, the vendee had the right to rely upon what appeared in the certificate.[40] | |||||
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2007-03-28 |
CHICO-NAZARIO, J. |
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| It is true that the general rule is that a forged deed is a nullity and conveys no title.[63] A forged deed may be defined as an instrument which purports to have been executed by the person or persons whose signatures appear thereon, but which, in fact, was not executed, and the signatures thereon had been merely imitated so as to give them the deceptive appearance of genuineness.[64] In the case at bar, it was not any of the deeds of transfer or conveyance of the subject lots which was forged, but TCTs No. 200629 and 200630 themselves. The forged TCTs, nevertheless, just as a forged deed, can make it appear that one had title, right, or interest to the land, when in truth, he had none, to the deprivation of the rightful owner. It has been recognized that while a forged instrument is null and void and of no effect as between the parties, it may nevertheless be the root of a good title; so that the title of a registered owner who has taken it bona fide and for value, is not affected by reason of his claiming through someone, that the registration was void because it had been procured by the presentation of a forged instrument.[65] | |||||
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2005-03-18 |
PANGANIBAN, J. |
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| Petitioner claims that her signature and that of her husband were forged in the Deed of Absolute Sale transferring the property from the Domingo spouses to respondent. Relying on the general rule that a forged deed is void and conveys no title,[11] she assails the validity of the sale. | |||||