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PEOPLE v. BEN PAREDES

This case has been cited 1 times or more.

2003-03-10
PUNO, C.J.
Plaintiffs-respondents questioned the authenticity of the Deed of Absolute Sale executed by Catalino Javello in favor of Teofilo Asuelo. They claimed that the late Catalino Javello was illiterate and hence, could not have signed the instrument.[16] Plaintiffs-respondents also disputed the authenticity of the Declaration of Heirship and Confirmation of Sale, alleging that the signatures and thumbmarks appearing therein were forged.[17] They also noted the discrepancies in the entries on the document; while the Certified National Archives copy of the document revealed that the Declaration of Heirship and Confirmation of Sale was supposed to have been notarized on August 8, 1965, the residence certificates of the persons mentioned therein were dated 1966.[18] Thus, petitioners-respondents prayed that said documents be declared void, and that they be returned to their possession of Lot No. 915. They also prayed for the return of the amount of P48,000.00 representing the net produce of the land from 1968 up to the institution of the case, the amount of P5,000.00 as actual damages, P5,000.00 as moral damages, and other relief and remedies available.[19]