The Supreme Court has ruled that the presumption of regularity of a notarized document can be overturned with clear, strong, and convincing evidence, especially when the physical impossibility of a party’s presence at the signing is proven. This decision emphasizes that notarization does not guarantee the validity of a document’s contents and that courts must consider all evidence presented, including travel records and employment certifications, to determine the true circumstances of a transaction. The case underscores the importance of verifying the authenticity of documents and the need for thorough investigation in property disputes.

When a Nurse’s Whereabouts Dispute a Property Sale: Unpacking the Forgery Claim

This case, Carmelita V. Dizon v. Jose Luis K. Matti, Jr., revolves around a complaint for specific performance filed by Jose Luis K. Matti, Jr. against Carmelita V. Dizon, seeking to enforce a Deed of Absolute Sale for a townhouse. Matti claimed that Dizon sold him the property in February 2000, but Dizon denied the transaction, asserting that she was working in London at the time and could not have signed the deed. The central legal question is whether the Court of Appeals (CA) was correct in upholding the sale based on the presumption of regularity of a notarized Deed of Absolute Sale, despite evidence suggesting Dizon’s absence from the Philippines during its execution. The Regional Trial Court (RTC) initially dismissed Matti’s complaint, but the CA reversed the decision, leading to Dizon’s appeal to the Supreme Court.

The Supreme Court (SC) addressed both procedural and substantive issues. Regarding procedural matters, the SC considered Matti’s arguments that Dizon’s Petition suffered from a defective Verification and Certification of Non-Forum Shopping. According to Section 5, Rule 7 of the Rules of Court, the plaintiff or principal party should execute the certification of non-forum shopping under oath. However, the SC acknowledged that Dizon’s brother executed the certification on her behalf, citing her poor health and location in London at the time. The Court accepted Dizon’s explanation and the subsequent submission of a Special Power of Attorney as substantial compliance with the rules.

The SC also addressed the CA’s dismissal of Dizon’s Motion for Reconsideration due to her counsel’s failure to sign the pleading. Citing Section 3, Rule 7 of the Rules of Court, the CA noted that every pleading must be signed by the party or counsel. However, the SC acknowledged that the court may allow such deficiency to be remedied if it was due to mere inadvertence and not intended for delay. The Court accepted Dizon’s explanation of honest inadvertence, especially since the Motion for Reconsideration was filed before the deadline.

On the substantive issues, the SC focused on whether the CA correctly upheld the sale based on the presumption of regularity of the notarized Deed of Absolute Sale. The CA reasoned that only clear, strong, and convincing evidence could overturn such a presumption. However, the SC emphasized that notarization does not guarantee the validity of a document’s contents and can be overturned by highly questionable circumstances.

“Though the notarization of the deed of sale in question vests in its favor the presumption of regularity, it is not the intention nor the function of the notary public to validate and make binding an instrument never, in the first place, intended to have any binding legal effect upon the parties thereto. The intention of the parties still and always is the primary consideration in determining the true nature of a contract.” (Suntay v. Court of Appeals, 321 Phil. 809 (1995))

The SC sided with the RTC’s finding that clear, strong, and convincing evidence proved that Dizon did not execute the Deed of Absolute Sale in favor of Matti, Jr. The Court highlighted that the RTC, after examining the evidence, found that Dizon had sufficiently proven she was not in the Philippines during the relevant period. The RTC’s assessment of witness testimonies and evidence is given high respect unless it ignored or misinterpreted crucial facts.

The Court emphasized that the RTC’s determination that Dizon was not in the Philippines for the whole month of February 2000 was pivotal. The testimonies of Dizon, her brother, and a Bureau of Immigration agent, Mr. Joeffrey G. Valix, supported this claim. Valix testified that, based on Bureau of Immigration records, Dizon was not in the Philippines during the alleged execution of the Deed of Absolute Sale.

Furthermore, the Court considered documentary evidence, including a Certification dated March 21, 2011, with an attached Travel Record. This established that Dizon only returned to the Philippines on November 9, 2000, after departing on October 20, 1999. Additionally, Dizon’s passport, bearing official stamps, corroborated her absence from the Philippines during the alleged transaction. A Letter/Certification of Employment from Royal Free Hampstead NHS Trust in London further supported her claim that she was working abroad.

The CA erred in finding that such evidence was “not conclusive as it does not categorically prove her physical whereabouts.” The SC clarified that the evidence needed to prove that Dizon was not in the Philippines during the specified time, which it did. This directly contradicted Matti’s claim that he met and transacted with Dizon in the Philippines in February 2000.

Moreover, the SC pointed to a Certification from the notarial records section of the Office of the Clerk of Court, Parañaque City, confirming that the alleged notarized Deed of Absolute Sale did not exist in their records. This raised serious doubts about the validity of the notarization. The Court cited DECS v. Del Rosario, 490 Phil. 193, 208 (2005), stating that “if there is no copy of the instrument in the notarial records, there arises a presumption that the document was not notarized and is not a public document.”

The SC also addressed the CA’s reliance on the absence of expert witnesses to examine the signatures. The Court noted that resort to document examiners is not mandatory and that judges can exercise independent judgment on the authenticity of signatures. By independently examining the evidence and comparing signatures, the SC concluded that the signature on the Deed of Absolute Sale was demonstrably dissimilar to Dizon’s other signatures, further discrediting the document’s authenticity.

“A finding of forgery does not depend on the testimony of handwriting experts. Although such testimony may be useful, the judge still exercises independent judgment on the issue of authenticity of the signatures under scrutiny. A judge must therefore conduct an independent examination in order to arrive at a reasonable conclusion as to a signature’s authenticity.” (Heirs of Gregorio v. Court of Appeals, 360 Phil. 753, 763-764 (1998))

On the other hand, the Court noted that Matti’s case was weakened by the lack of corroborating witnesses and inconsistencies in his testimony. No other witness corroborated his allegations that a sale indeed transpired between him and Dizon. He could have presented Ms. Acleto, Mrs. Estaris, or his wife to support his claims, but he failed to do so.

During cross-examination, Matti could not recall a simple description of Dizon’s physical appearance, despite claiming to have met her several times. His testimony about the circumstances of his first meeting with Dizon also contained conflicting accounts, further undermining his credibility. The SC thus determined that Matti failed to discharge his burden of proof, emphasizing the importance of credible and consistent testimony in establishing the validity of a sale.

FAQs

What was the key issue in this case?	The central issue was whether the Court of Appeals correctly upheld the sale of a property based on the presumption of regularity of a notarized deed of sale, despite evidence suggesting that the seller was not in the Philippines at the time of the deed’s execution.
What evidence did Carmelita Dizon present to prove her absence from the Philippines?	Dizon presented a certification and travel records from the Bureau of Immigration, her passport with official stamps, and a letter from her employer in London, all indicating she was working in London during the time the sale was supposedly executed.
Why did the Supreme Court side with Carmelita Dizon?	The Supreme Court sided with Dizon because the evidence she presented sufficiently proved that she was not in the Philippines when the Deed of Absolute Sale was allegedly executed. The Court deemed this evidence strong enough to overturn the presumption of regularity of the notarized document.
What is the presumption of regularity in notarized documents?	The presumption of regularity means that a notarized document is presumed to be authentic and valid unless there is clear, strong, and convincing evidence to the contrary. This presumption can be overturned if there are questionable circumstances surrounding the document.
Why was the testimony of the Bureau of Immigration agent important in this case?	The testimony of the Bureau of Immigration agent was crucial because it provided objective, third-party verification that Dizon was not in the Philippines at the time she was alleged to have signed the Deed of Absolute Sale. This supported her claim that the document was a forgery.
Did the Supreme Court require an expert witness to prove the signature was forged?	No, the Supreme Court clarified that while expert testimony may be useful, it is not mandatory. The Court stated that judges can exercise independent judgment on the authenticity of signatures based on all the evidence presented.
What was the significance of the certification from the Clerk of Court regarding the Deed of Absolute Sale?	The certification from the Clerk of Court stating that the alleged notarized Deed of Absolute Sale did not exist in their records further cast doubt on the validity of the document. This supported the conclusion that the Deed was not properly notarized and was therefore not a public document.
What does this case teach us about the burden of proof in civil cases?	This case reiterates that in civil cases, the party making allegations has the burden of proving them. The plaintiff must rely on the strength of his own evidence, not upon the weakness of the defense offered by his opponent.
What happened to the Complaint for Specific Performance?	Because the Supreme Court found that the Deed of Absolute Sale was a sham and fictitious document, the Complaint for Specific Performance filed by Jose Luis K. Matti, Jr. was dismissed.

This case serves as a reminder of the importance of thoroughly verifying the authenticity of documents in real estate transactions. The decision underscores that notarization alone does not guarantee validity and that courts must consider all available evidence to determine the true circumstances of a sale. The ruling provides guidance on how to challenge the presumption of regularity of notarized documents and highlights the significance of credible, consistent evidence in property disputes.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: CARMELITA V. DIZON, VS. JOSE LUIS K. MATTI, JR., G.R. No. 215614, March 27, 2019