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HEIRS OF LATE FELIX M. BUCTON v. SPS. GONZALO AND TRINIDAD GO

This case has been cited 3 times or more.

2015-06-17
MENDOZA, J.
In extraordinary prescription, ownership and other real rights over immovable property are acquired through uninterrupted adverse possession for 30 years even without need of title or of good faith.[34]
2015-01-14
VILLARAMA, JR., J.
As a rule, forgery cannot be presumed and must be proved by clear, positive and convincing evidence, the burden of proof lies on the party alleging forgery.[29] One who alleges forgery has the burden to establish his case by a preponderance of evidence, or evidence which is of greater weight or more convincing than that which is offered in opposition to it.[30] The fact of forgery can only be established by a comparison between the alleged forged signature and the authentic and genuine signature of the person whose signature is theorized to have been forged.[31]
2014-07-07
PERALTA, J.
With regard to the issue on forgery, the general rule is, the same cannot be presumed and must be proved by clear, positive and convincing evidence; the burden of proof of which lies on the party alleging forgery.[43] The best evidence of a forged signature in the instrument is the instrument itself reflecting the alleged forged signature.[44] The fact of forgery can only be established by comparison between the alleged forged signature and the authentic and genuine signature of the person whose signature is theorized upon to have been forged.[45]