Saturday, December 7, 2013

Notarized document has presumption of regularity in its favor.

"We additionally note that a bail bond is required to be in a public document, i.e., a duly notarized document. As a notarized document, it has the presumption of regularity in its favor, which presumption can only be contradicted by evidence that is clear, convincing and more than merely preponderant; otherwise, the regularity of the document should be upheld.14

Likewise notable is the settled rule that forgery cannot be presumed and must be proved by clear, positive and convincing evidence. The burden of proof lies in the party alleging forgery.15"


FAR EASTERN SURETY AND
INSURANCE CO., INC.,
Petitioner,
-versus-
PEOPLE OF THE PHILIPPINES,
Respondent.
G.R. No. 170618
NOV. 20,  2013

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