This case has been cited 3 times or more.
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2014-03-26 |
CARPIO, J. |
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| Further, Garcia claimed that the signatures appearing above his names in the PNP Personnel Payrolls, as well as the issued LBP checks, were forged. However, Garcia did not endeavor to prove otherwise. Forgery cannot be presumed and must be proved by clear, positive and convincing evidence[29] and the burden of proof lies on the party alleging forgery.[30] In the present case, Garcia merely relied on the evidence of the other accused and did not present his own testimonial and documentary evidence to show that his signature in the personnel payrolls were falsified. Thus, the presumption of validity and regularity prevails over allegations of forgery and fraud. | |||||
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2013-06-03 |
DEL CASTILLO, J. |
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| As a general rule, we do not disturb the factual findings of the appellate court. However, this case falls under one of the recognized exceptions thereto because the factual findings of the trial court and appellate court are conflicting.[19] Our review of the records leads us to conclude that the following are the relevant factual antecedents of this case. | |||||
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2004-05-28 |
PANGANIBAN, J. |
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| Forgery "cannot be presumed."[47] It must be established by clear, positive and convincing evidence.[48] Under the best evidence rule as applied to documentary evidence like the checks in question, no secondary or substitutionary evidence may inceptively be introduced, as the original writing itself must be produced in court.[49] But when, without bad faith on the part of the offeror, the original checks have already been destroyed or cannot be produced in court, secondary evidence may be produced.[50] Without bad faith on its part, CASA proved the loss or destruction of the original checks through the Affidavit of the one person who knew of that fact[51] -- Yabut. He clearly admitted to discarding the paid checks to cover up his misdeed.[52] In such a situation, secondary evidence like microfilm copies may be introduced in court. | |||||