Evidence Digest: EPIFANIA DELA CRUZ VS. SPS. EDUARDO C. SISON (2005)

Topic: Official Records (Rule 130, Section 44)

EPIFANIA DELA CRUZ VS. SPS. EDUARDO C. SISON
[G.R. No. 163770. February 17, 2005]

Facts:
This is a civil case filed by the plaintiff, then deceased who was substituted by her niece in order to declare a notarized Deed of Sale null and void. The Deed was alleged to have been executed by the plaintiff fraudulently in favor of her nephew, the defendant.She denies knowledge of affixing her signature in said deed. Unfortunately, the notary public before whom the parties appeared already died prior to the filing of the case.

Issue:
If the deed of sale, acknowledge before a notary public is considered a public document which are admissible in evidence.

Held:
YES, documents acknowledged before notaries public are public documents which are admissible in evidence without necessity of preliminary proof as to their authenticity and due execution. They have in their favor the presumption of regularity, and to contradict the same, there must be evidence that is clear, convincing and more than merely preponderant. The burden of proof to overcome the\ presumption of due execution of a notarial document lies on the one contesting the same.

Petitioner failed to discharge this burden.