This case has been cited 7 times or more.
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2008-10-31 |
VELASCO JR., J. |
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| Indeed, there is no dispute as to the existence and due execution of the October 1, 1958 Deed of Sale in question. Its validity is immediately apparent from the fact that the RCAP's titles over the properties covered by the deed had been canceled and new TCTs issued in the name of the SVD. The fact that the deed is not notarized is of little moment because, for purposes of validity between the parties, a deed of sale need not be in a public document.[17] With the judicial acquiescence of the SVD to the annotation, the subject matter of the instant case, we so hold such to be in order. | |||||
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2008-09-30 |
CARPIO MORALES, J. |
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| Without passing on the merits of Frias' claim that Leonor originally sold to him ½ of Lot No. 18739 as reflected in the first November 4, 1982 document but later conveyed the remaining ½ thereof, hence, the execution of the second document bearing the same date, an irregular notarization merely reduces the evidentiary value of a document to that of a private document, which requires proof of its due execution and authenticity to be admissible as evidence.[29] The irregular notarization - or, for that matter, the lack of notarization - does not thus necessarily affect the validity of the contract reflected in the document. Tigno v. Aquino[30] enlightens:x x x [F]rom a civil law perspective, the absence of notarization of the Deed of Sale would not necessarily invalidate the transaction evidenced therein. Article 1358 of the Civil Code requires that the form of a contract that transmits or extinguishes real rights over immovable property should be in a public document, yet it is also an accepted rule that the failure to observe the proper form does not render the transaction invalid. Thus, it has been uniformly held that the form required in Article 1358 is not essential to the validity or enforceability of the transaction, but required merely for convenience. We have even affirmed that a sale of real property though not consigned in a public instrument or formal writing, is nevertheless valid and binding among the parties, for the time-honored rule is that even a verbal contract of sale or real estate produces effects between the parties.[31] (Underscoring supplied) | |||||
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2008-04-16 |
NACHURA, J. |
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| It is also worthy to note that both the Deed of Partition and the Deed of Sale were acknowledged before a Notary Public. The notarization of a private document converts it into a public document, and makes it admissible in court without further proof of its authenticity.[43] It is entitled to full faith and credit upon its face.[44] A notarized document carries evidentiary weight as to its due execution, and documents acknowledged before a notary public have in their favor the presumption of regularity. Such a document must be given full force and effect absent a strong, complete and conclusive proof of its falsity or nullity on account of some flaws or defects recognized by law.[45] A public document executed and attested through the intervention of a notary public is, generally, evidence of the facts therein express in clear unequivocal manner.[46] | |||||
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2007-04-17 |
CORONA, J. |
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| An acknowledgment is the act of one who has executed a deed in going before some competent officer and declaring it to be his act or deed.[8] In the case of a notarial will, that competent officer is the notary public. | |||||
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2006-07-20 |
AUSTRIA-MARTINEZ, J. |
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| As to the Deed of Absolute Sale dated December 16, 1957, executed by Modesta and Concordia, the rule is settled that the notarization of a document carries considerable legal effect. Notarization of a private document converts such document into a public one, and renders it admissible in court without further proof of its authenticity[35] and is entitled to full faith and credit upon its face.[36] A notarized document carries the evidentiary weight conferred upon it with respect to its due execution,[37] and documents acknowledged before a notary public have in their favor the presumption of regularity.[38] It must be sustained in full force and effect so long as he who impugns it does not present strong, complete, and conclusive proof of its falsity or nullity on account of some flaws or defects provided by law.[39] In this case, respondents failed to present such required proof. | |||||
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2006-04-12 |
TINGA, J. |
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| In lieu of an acknowledgment, the notary public, Petronio Y. Bautista, wrote "Nilagdaan ko at ninotario ko ngayong 10 ng Hunyo 10 (sic), 1981 dito sa Lungsod ng Maynila."[40] By no manner of contemplation can those words be construed as an acknowledgment. An acknowledgment is the act of one who has executed a deed in going before some competent officer or court and declaring it to be his act or deed.[41] It involves an extra step undertaken whereby the signor actually declares to the notary that the executor of a document has attested to the notary that the same is his/her own free act and deed. | |||||
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2005-07-29 |
AZCUNA, J. |
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| In Zenaida B. Tigno, et al. v. Spouses Estafino Aquino and Florentina Aquino and the Honorable Court of Appeals,[7] we held:"Respondent's contention is erroneous. Municipal Trial Court (MTC) and Municipal Circuit Trial Court (MCTC) judges are empowered to perform the functions of notaries public ex-officio under Section 76 of Republic Act No. 296, as amended (otherwise known as the Judiciary Act of 1948) and Section 242 of the Revised Administrative Code. However, as far back as 1980 in Borre v. Moya, the Court explicitly declared that municipal court judges such as Cariño may notarize only documents connected with the exercise of their official duties. The Deed of Sale was not connected with any official duties of Judge Cariño, and there was no reason for him to notarize it. Our observations as to the errant judge in Borre are pertinent in this case, considering that Judge Cariño identified himself in the Deed of Sale as "Ex-Officio Notary Public, Judge, MTC:" | |||||