GR L 11827; (February, 1918) (Digest)
G.R. No. L-11827; February 15, 1918
JULIAN ASIDO, plaintiff-appellant, vs. MACARIO GUZMAN, ROSALIA REYES and JACINTO BATTUNG, defendants-appellees.
FACTS:
Plaintiff Julian Asido filed an action for recovery of possession of a parcel of land, basing his claim of ownership on a deed of sale executed in his favor by Federico Comin dated October 24, 1914. Comin, in turn, derived his title from a deed of sale executed by the former owner Domingo Mallillin (deceased) on April 24, 1900, which was duly registered. Defendant Rosalia Reyes, widow of Mallillin, contested the validity of the 1900 deed, alleging it was fictitious. She claimed the deed was executed merely to enable Comin to recover possession from a recalcitrant tenant on behalf of her husband, due to unsettled conditions at the time, and that no actual sale took place. She asserted that she and her husband remained in continuous possession of the land, claiming exclusive ownership. Asido countered that Mallillin and his widow remained in possession as tenants under an agreement to deliver one-third of the fruits as rent, which was supported by witness testimony. The trial court found the evidence slightly in favor of the defendants but expressed uncertainty.
ISSUE:
Whether the oral testimony of the widow is sufficient to nullify a duly executed and registered public instrument of sale.
RULING:
No. The Supreme Court reversed the trial court’s decision. The Court held that a mere doubtful preponderance of oral evidence is insufficient to overcome the presumption of validity and genuineness attaching to a public document duly executed and registered. To invalidate such a document, the oral evidence must be clear, convincing, and supported by facts or circumstances that reasonably indicate the instrument is not genuine. The widow’s testimony, uncorroborated and contradicted by other witnesses, along with the failure to demand cancellation of the deed for many years, rendered her claim improbable. Judgment was entered in favor of Asido, granting possession, but damages were denied for lack of sufficient evidence.
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