25. Tamani Vs. Salvador.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Tamani vs. Salvador (G.R. No. 171497)

Facts: The petitioners are Maria Lourdes Tamani, Concepcion Tamani, Estrella Tamani, etc. The respondents are Roman Salvador and Filomna Bravo. In the case at bar, on July 6, 1986, a complaint for quieting of title was filed by respondent spouses against the petitioners. The petitioners here are already the surviving children of the spouses Tamani. The respondents and the late spouses Tamani were co-owners of an undivided parcel of land. It was alleged by the herein respondents that the spouses Tamani sold the property in question to a certain Milagros Cruz. It was backed by an evidence of a Deed of Absolute Sale for a consideration of P2,500.00. Which was then subsequently sold again to respondents. Meanwhile, Benigno Magpale and Leonica Velasco filed a complaint for specific performance against the spouses Tamani in the CFI Bayombong. The said complain sought to compel the spouses Tamani to execute a deed of sale over a residential lot with an area of 496 sq. m., which was allegedly sold to them by the spouses Tamani in 1936 without documentation. The RTC said that the Deed of Absolute Sale allegedly between spouses Tamani and spouses Cruz is void. It is for the reason that Demetrio’s signature was forged.

Issue: Is there forgery?

Held: The Supreme Court said that the said Deed of Absolute Sale involves a simulated forgery or a copied forgery, such that there will be similarities, but the similarities will be superficial. The one who alleges the forgery must be the one to prove that it is forged. In this case, no preponderance evidence was adduced in order to say that there is forgery. A notarized document enjoys a prima facie presumption of authenticity.