Basilio vs. CA, 328 SCRA 341 (2000) Digest

Civil Liability Arising from Felony

41. Basilio vs. CA, 328 SCRA 341 (2000)

Student: G-one T. Paisones

Professor: Atty. Cisco Franz S. Maclang

Facts:

                Dionisio Z. Basilio owned Lot Nos. 240 and 214, located in Barrio dela Paz, San Simon, Pampanga, with an area of 14,903 square meters and 2,812 square meters, respectively, and covered by Transfer Certificate of Title Nos. 32699-R and 32698-R, respectively.
On August 5, 1988, Dionisio died.
                On November 12, 1990, Carmelita P. Basilio, widow of Dionisio, together with her children, Francisco, Evelyn, and Gerald filed with the RTC, Pampanga, Macabebe an action for annulment of the deed of sale dated April 26, 1979, involving Lot No. 240, and for its reconveyance to the heirs of Dionisio Z. Basilio, with damages.  Plaintiffs alleged that the deed of sale dated April 26, 1979, covering Lot No. 240 was spurious, on the basis of which the title in the name of Dionisio Z. Basilio was cancelled and a new title issued in the name of the spouses Simon Zablan and Sonia Matias.

Trial court rendered a decision declaring the signatures of Dionisio Z. Basilioas forged and annulled the two deeds of sale.  After due proceedings, on August 7, 1996, the Court of Appeals promulgated its decision^[9] reversing that of the trial court. 

Issue:

                Whether the deed of sale dated March 19, 1987, was genuine

Held:

                No.

Ratio:

                The Court is convinced that Dionisio Z. Basilio did not execute the questioned deed of sale. Although the questioned deed of sale was a public document having in its favor the presumption of regularity, such presumption was adequately refuted by competent witnesses showing its forgery and the Court’s own visual analysis of the document.