Reyes V CA

G.R. No. 110207

 July 11, 1996

Facts:

Petitioner and respondents entered into a Deed of Extrajudicial Partition and Settlement which subject was a parcel of land was registered in their father’s name. The Deed which allegedly partitioned the subject parcel of land extrajudicially among petitioner and private respondents stated that the latter waived their rights, interest and participation therein in favor of the former and one of the private respondents was given a share of fifty (50) square meters.

Petitioner caused the registration of the alleged instrument managed to obtain 333 square meters in his name and 50 square meters in the name of Paula Palmenco. Having discovered the registration of the said Deed, respondent denied having knowledge of its execution alleged that the subject Deed was fraudulently prepared by petitioner and that their signatures thereon were forged.  

Respondents filed a Complaint for Annulment of Sale and Damages with Prayer for Preliminary Injunction/Restraining Order against petitioner. The lower court ruled that the private respondents' signatures on the questioned instruments were indeed forged and simulated and declared the same as null and void.

Issue:

Whether or not the executed Deed of Extrajudicial Partition and Settlement is authentic and therefore not been forged and simulated.

Held:

Yes. Petitioners could not have been possessors in good faith of the subject parcel of land and they forged the Deed of Extrajudicial Partition and Settlement which they claim to be the basis for their just title. Having forged the Deed and simulated the signatures of private respondents, petitioners, in fact, are in bad faith. The forged Deed containing private respondents' simulated signatures is a nullity and cannot serve as a just title. The signatures that were signed at the bottom page of the instruments appear to have been written by one and the same hand and not by individual signatories and that no such documents were notarized by a certain Atty. Jose Villena was ever recorded nor was Atty. Villena officially appointed as Notary Public for and in Pasay City on the aforesaid date.