SECOND DIVISION
[G.R. No. 243808. March 25, 2019.]
CARLITO MACABONTOC AND LYDIA MACABONTOC, petitioners, vs.SAGUDAY DEVELOPMENT COOPERATIVE [SAGUDAY FARMERS-VENDORS CREDIT COOPERATIVE], REPRESENTED BY WILFREDO CORPUZ, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 25 March 2019 which reads as follows:
"G.R. No. 243808 (Carlito Macabontoc and Lydia Macabontoc v. Saguday Development Cooperative [Saguday Farmers-Vendors Credit Cooperative], represented by Wilfredo Corpuz)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the May 15, 2018 Decision 2 and the December 13, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 106747 for failure of petitioners Carlito Macabontoc and Lydia Macabontoc (petitioners) to sufficiently show that the CA committed any reversible error in affirming with modification 4 the ruling 5 of the Regional Trial Court of Cabarroguis, Quirino, Branch 31 (RTC) dismissing their complaint. 6
As correctly ruled by the CA, the Deed of Absolute Sale 7 (Deed of Sale) dated April 15, 1999 is valid for petitioners' failure to prove that their signatures therein were forgeries. 8 Forgery cannot be presumed and must be proved by clear, positive, and convincing evidence, and the burden of proof lies on the party alleging forgery, 9 which petitioners failed to show in this case. Hence, the presumption of regularity of notarized documents, such as the subject Deed of Sale, must stand. 10 The CA was also correct in holding that the Deed of Sale is not an equitable mortgage, considering that petitioners failed to prove the circumstances required for its application. 11 Settled is the rule that factual findings of trial courts, when affirmed by the appellate courts and supported by sufficient evidence, deserve respect and finality by this Court. 12
SO ORDERED. (JARDELEZA, J., designated Additional Member viceLAZARO-JAVIER, J., per Raffle dated March 20, 2019.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 11-33.
2.Id. at 41-51. Penned by Associate Justice Ma. Luisa C. Quijano-Padilla with Associate Justices Fernanda Lampas Peralta and Amy C. Lazaro-Javier (now a member of this Court), concurring.
3.Id. at 53-54.
4. The CA modified the RTC ruling by deleting the award of attorney's fees for lack of legal and factual basis. (see id. at 50.)
5. See RTC Decision dated October 5, 2015, penned by Presiding Judge Andrew P. Dulnuan; id. at 117-133.
6. Not attached to the rollo.
7.Rollo, p. 64.
8. See id. at 46-47.
9. See Gepulle-Garbo v. Spouses Garabato, 750 Phil. 846, 855 (2015).
10.Heirs of Spouses Liwagon v. Heirs of Spouses Liwagon, 748 Phil. 675, 688 (2014).
11. See rollo, pp. 48-49.
12. See Pacific Airways Corporation v. Tonda, 441 Phil. 156, 162 (2002).