SECOND DIVISION
[G.R. No. 244385. March 11, 2019.]
BENIGNO LEONES, petitioner,vs. HELEN RICALDE AND JORGE LEONES, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 11 March 2019 which reads as follows:
"G.R. No. 244385 (Benigno Leones v. Helen Ricalde and Jorge Leones)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the September 24, 2018 Decision 2 and the January 17, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CEB CV No. 04376 for failure of petitioner Benigno Leones (petitioner) to sufficiently show that the CA committed any reversible error in upholding the validity of the Deed of Absolute Sale 4 (DAS) which negated his claim of legal interest in the subject properties.
As correctly ruled by the CA, a notarized document has in its favor the presumption of regularity with respect to its due execution and he who impugns it must present strong, complete, and conclusive proof of its falsity and nullity. 5 In this case, petitioner failed to prove by a preponderance of evidence that the DAS was indeed simulated. 6 Mere allegations are not evidence. 7 Settled is the rule that factual findings of the trial courts, when affirmed by the CA, are generally deemed final and conclusive, 8 save for exceptional circumstances, 9 none of which are obtaining in this case.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-11.
2.Id. at 18-32. Penned by Associate Justice Gabriel T. Ingles with Associate Justices Marilyn B. Lagura-Yap and Emily R. Aliño-Geluz, concurring.
3.Id. at 16-17.
4. Not attached to the rollo.
5.Naranja v. CA, 603 Phil. 779, 788 (2009); Sierra v. CA, 286 Phil. 954, 962-963 (1992). See also rollo, p. 27.
6. See rollo, p. 27.
7.Lavarez v. Guevarra, G.R. No. 206103, March 29, 2017, 822 SCRA 130, 136.
8. See International Academy of Management and Economics (I/AME) v. Litton and Company, Inc., G.R. No. 191525, December 13, 2017, citing Lorenzana v. Lelina, 736 Phil. 271, 280 (2016).
9. See Pascual v. Burgos, 776 Phil. 167, 182-183 (2016).