The Crucial Role of Genuine Signatures in Establishing a Valid Contract of Sale

Cristina R. Seming v. Emelita P. Alamag, et al., G.R. No. 202284, March 17, 2021

Imagine purchasing a piece of land, investing in it, and then facing a dispute over its ownership. This scenario became a reality for Cristina Seming, whose claim to a property was challenged due to the authenticity of signatures on crucial documents. The Supreme Court’s decision in her case highlights the critical importance of verifying signatures in contracts, especially in property transactions.

In the case of Cristina R. Seming versus Emelita P. Alamag and others, the central issue was whether a contract of sale for a portion of a property existed between Seming and the heirs of Natividad Pamat. Seming claimed that she had purchased the property based on receipts signed by Natividad, but the authenticity of these signatures was contested, leading to a legal battle that reached the Supreme Court.

Legal Context: Understanding Contract of Sale and Signature Authentication

A contract of sale is a fundamental legal agreement where one party agrees to transfer ownership of a property to another in exchange for a price. According to Article 1458 of the Civil Code of the Philippines, a contract of sale is perfected when there is a meeting of minds on the object of the contract and the price. However, the validity of such a contract can be questioned if the signatures on the documents are not genuine.

The term ‘forgery’ refers to the act of falsely making or altering a document with the intent to deceive. In legal proceedings, forgery must be proven by clear, positive, and convincing evidence. The Supreme Court has emphasized that the burden of proof lies with the party alleging forgery, as seen in the case of Spouses Coronel v. Quesada.

Under Section 20 of Rule 132 of the Rules of Court, before a private document is admitted in evidence, it must be authenticated either by the person who executed it, the person before whom its execution was acknowledged, or any person who was present and saw it executed. This rule ensures that the documents presented in court are genuine and reliable.

For example, if you are buying a house, you would typically ensure that the deed of sale is signed by the seller in your presence or by someone you trust. This helps prevent disputes like the one in Seming’s case, where the authenticity of the signatures was contested.

Case Breakdown: The Journey of Cristina Seming’s Property Dispute

Cristina Seming and her husband, Eutiquio, claimed to have purchased a portion of Lot 512-C from Natividad Pamat in 1977. They relied on two receipts dated October 22, 1990, and January 23, 1991, which they alleged were signed by Natividad. However, after Natividad’s death, her heirs contested the validity of these receipts, claiming the signatures were forged.

The case began in the Regional Trial Court (RTC) of Ligao City, which initially ruled in favor of Seming, ordering the heirs to execute a deed of sale for 600 square meters of the property. The RTC’s decision was based on the belief that a valid contract of sale existed, supported by the receipts and testimonies of Seming and other witnesses.

However, the Court of Appeals (CA) reversed the RTC’s decision, finding no evidence of a perfected contract of sale. The CA noted that the receipts did not specify the exact portion of the lot sold and questioned the authenticity of Natividad’s signatures. The CA’s decision was upheld by the Supreme Court, which emphasized the lack of consent and the ambiguity of the subject matter in the alleged contract.

The Supreme Court’s ruling included the following key points:

• “Settled is the rule that forgery cannot be presumed and must be proved by clear, positive and convincing evidence, thus, the burden of proof lies on the party alleging forgery.”
• “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.”

The Court also highlighted the importance of a determinate subject matter and a price certain in money, both of which were found lacking in Seming’s case.

Practical Implications: Lessons for Property Transactions

This case underscores the importance of ensuring the authenticity of signatures in property transactions. For individuals and businesses involved in buying or selling property, it is crucial to:

• Ensure that all documents are signed in the presence of reliable witnesses.
• Verify the authenticity of signatures through comparison with known genuine samples.
• Clearly define the object of the sale and the price to avoid ambiguity.

Key Lessons:

• Always authenticate signatures on legal documents to prevent disputes.
• Ensure that contracts of sale specify the exact property and price to avoid legal challenges.
• Seek legal advice to review documents before finalizing property transactions.

Frequently Asked Questions

What is a contract of sale?

A contract of sale is an agreement where one party transfers ownership of a property to another in exchange for a price, as defined by Article 1458 of the Civil Code.

How can I ensure the authenticity of signatures on a contract?

Signatures should be witnessed by reliable individuals, and if possible, compared to known genuine samples. Legal advice can also help verify the authenticity of signatures.

What happens if a signature on a contract is found to be forged?

If a signature is found to be forged, the contract may be declared null and void, as seen in Seming’s case. The burden of proof lies with the party alleging forgery.

Can a verbal agreement be considered a valid contract of sale?

A verbal agreement can be valid, but it is harder to prove in court. Written contracts with authenticated signatures provide stronger legal protection.

What should I do if I suspect forgery in a property transaction?

Consult with a lawyer immediately to gather evidence and take legal action to protect your rights.

ASG Law specializes in property law and contract disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.