Friday, February 5, 2016

Public document; ancient document



MILAGROS MANONGSONG, etc., et. al. vs. FELOMENA JUMAQUIO ESTIMO, et. al., G. R. No. 136773, June 25, 2003

“x x x.

The Kasulatan, being a document acknowledged before a notary public, is a public document and prima facie evidence of its authenticity and due execution. To assail the authenticity and due execution of a notarized document, the evidence must be clear, convincing and more than merely preponderant.[24] Otherwise the authenticity and due execution of the document should be upheld.[25] The trial court itself held that (n)o countervailing proof was adduced by plaintiffs to overcome or impugn the documents legality or its validity.[26]

Even if the Kasulatan was not notarized, it would be deemed an ancient document and thus still presumed to be authentic. TheKasulatan is: (1) more than 30 years old, (2) found in the proper custody, and (3) unblemished by any alteration or by any circumstance of suspicion. It appears, on its face, to be genuine.[27]

X x x.”


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