Professional Documents
Culture Documents
COURT OF APPEALS
MANILA
THIRD DIVISION
CA-G.R.
CV No.
- ver
sus 055421
RTC Civil Case
7437
For: Annulment of
Sale and
Reconveyance of
Land
APPELLEES BRIEF
COMES
NOW
DEFENDANTS-APPELLEES,
by
the
PREPARATORY STATEMENT
Annulment of
Sale and Reconveyance of Land against the DefendantAppellees at the Regional Trial Court of Iriga on 1997
2. The Regional Trial Court of Iriga dismissed said
complaint
on
the
ground
of
prescription
and
lack
of
ASSIGNMENT OF ERRORS
commit
reversible
error
denying
of
in
the
the
testimony
handwriting
claiming
signature
of
expert
Gepharine
that
the
in
was forged.
While
the
defendants-appellees
agree
that
the
fnding
authenticity
of
the
signatures
the
testimony
of
and
that
the
documents
prepared
by Atty. LeB
notarized
evidentiary
document
weight
carries
conferred
upon
the
it
in
regularity
its
favor
which
the
may
presumption
only
be
of
rebutted
by
evidence
so
clear,
strong
and
the
presumption
burden
of
proof
presumption
of
due
notarial
document
contesting
the
must be upheld.
to
overcome
execution
lies
same.
on
the
of
the
a
one
Furthermore,
an
and
whoever
convincing
alleges
it
evidence,
has
the
and
burden
of
This principle is
ence that the
well
set
into
our
jurisprud
defendants-appellants
neither disturb
fnd
no
reason
jurisprudential doctrine
to disturb the
nor
fnd
any
Trial
Court
reason
in
The
Trial
commit
did
reversible
not
error
dismissing
in
complaint
that
Court
the
on
the
action
the
ground
against
to
correctl
Defendants-Appellees
had
already prescribed.
of
the
by
the
PRAYER
By:
WRITTEN EXPLANATION
parties
was
accomplished
through
to
the
distance
between
the
parties,
and
the
heavy