This case has been cited 2 times or more.
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2005-02-17 |
YNARES-SANTIAGO, J. |
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| In addition, the questioned deed of sale was duly notarized. It is a settled rule that one who denies the due execution of a deed where one's signature appears has the burden of proving that, contrary to the recital in the jurat, one never appeared before the notary public and acknowledged the deed to be a voluntary act.[20] Epifania never claimed her signatures as forgeries. In fact, Epifania never questioned the deed of sale in favor of Demetrio, accepting it as a valid and binding document. It is only with respect to the deed of sale in favor of Eduardo that she denies knowledge of affixing her signature. Unfortunately, for both parties, the notary public, Atty. Maximo V. Cuesta, Jr. before whom they appeared, died prior to the filing of the case. | |||||
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2004-10-05 |
PANGANIBAN, J. |
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| The charge that respondent harassed complainant and uttered insulting words and veiled threats is not supported by evidence. Allegation is never equivalent to proof, and a bare charge cannot be equated with liability.[39] It is not the self-serving claim of complainant but the version of respondent that is more credible, considering that the latter's allegations are corroborated by the Affidavits of the police officers and the Certifications of the Cabanatuan City Police. | |||||