Notarized documents and presumption of regularity

"xxx.

In the same vein, clear and convincing evidence is similarly required to overcome the due execution and genuineness that a public document is imbued with. Without such proof, a gaping doubt results in the criminal prosecution for falsification. Such doubt becomes irremediable when said presumption of due execution is elevated to the level of a final and conclusive finding of a competent court in a civil case.

The case of Aznar Brothers Realty Co. v. Court of Appeals,111 illustrates how the Court dovetailed the importance of proving a claim of falsification in a public document through clear and convincing proof, otherwise the latter's presumption of genuineness is maintained, to wit:

It is worthy to note that the Extrajudicial Partition with Deed of Absolute Sale is a notarized document. As such, it has in its favor the presumption of regularity, and it carries the evidentiary weight conferred upon it with respect to its due execution. It is admissible in evidence without further proof of authenticity and is entitled to full faith and credit upon its face. He who denies its due execution has the burden of proving that contrary to the recital in the Acknowledgment he never appeared before the notary public and acknowledged the deed to be his voluntary act. It must also be stressed that whoever alleges forgery has the burden of proving the same. Forgery cannot be presumed but should be proved by clear and convincing evidence. Private respondents failed to discharge this burden of proof; hence, the presumption in favor of the questioned deed stands.112


Xxx. "


G.R. No. 220916, June 14, 2021

PEOPLE OF THE PHILIPPINES, Petitioner, v. CAMILO CAMENFORTE AND ROBERT LASTRILLA, Respondents.

https://www.chanrobles.com/cralaw/2021junedecisions.php?id=757