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1. Sabesa[e sued to recover ownership of a parcel of land based on a private deed of absolute sale allegedly executed by Gallon in 1963. Gallon denied the sale.
2. The Supreme Court ruled that the authenticity of the sale was proved since witnesses testified positively to the authenticity of the sale document and Gallon's signature.
3. The Court also ruled that execution of the sale in a private rather than public document is not a fatal defect, as a contract of sale is consensual in nature and perfected by consent rather than form.
1. Sabesa[e sued to recover ownership of a parcel of land based on a private deed of absolute sale allegedly executed by Gallon in 1963. Gallon denied the sale.
2. The Supreme Court ruled that the authenticity of the sale was proved since witnesses testified positively to the authenticity of the sale document and Gallon's signature.
3. The Court also ruled that execution of the sale in a private rather than public document is not a fatal defect, as a contract of sale is consensual in nature and perfected by consent rather than form.
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1. Sabesa[e sued to recover ownership of a parcel of land based on a private deed of absolute sale allegedly executed by Gallon in 1963. Gallon denied the sale.
2. The Supreme Court ruled that the authenticity of the sale was proved since witnesses testified positively to the authenticity of the sale document and Gallon's signature.
3. The Court also ruled that execution of the sale in a private rather than public document is not a fatal defect, as a contract of sale is consensual in nature and perfected by consent rather than form.
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RACBELLE ANNE u0TIERREZ !"#" %&" '()*+ ,-./01/2 3(4 5))*
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CASL: Sabesa[e sued Lo recover ownershlp of land LhaL was sold Lo hlm by uallon. uallon denles Lhe sale, and clalms LhaL Sabesa[e ls only preempLlng uallon's LhreaL Lo sue for unpald commlsslon on sales of copra and abaca LhaL peLlLloner spouses earned when Lhey were admlnlsLerlng 3 parcels of land for Leonardo Sabesa[e.
1he Supreme CourL ruled LhaL Lhe auLhenLlclLy of Lhe sale has been proved accordlngly slnce wlLnesses poslLlvely LesLlfled Lo Lhe auLhenLlclLy of Lhe sale, and Lhe slgnaLure Lhereon was proved Lo be auLhenLlc. 1he CourL also ruled LhaL execuLlon of Lhe sale ln a publlc documenL ls noL a faLal defecL as a conLracL of sale ls consensual.
uCC18lnL: 1haL a deed of sale ls execuLed on a publlc lnsLrumenL ls only for convenlence and noL for valldlLy or enforceablllLy, because a conLracL of sale ls consensual and perfecLed by mere consenL.
=7<>!#:?%6@ May 28, 1973 ! Sabesa[e sued Lo recover ownershlp of a parcel of land, based on a prlvaLe documenL of absoluLe sale, daLed !uly 1, 1963 (LxhlblL "A"), allegedly execuLed by uallon. o uallon denled Lhe sale, conLendlng LhaL Lhe documenL sued upon ls flcLlLlous, hls slgnaLure Lhereon, a forgery, and LhaL Lhe land ls con[ugal properLy as evldenced by "LscrlLura de venLa AbsoluLa" (LxhlblL "8"). uallon and hls wlfe also denled LhaL Lhey pleaded wlLh Sabesa[e Lo allow Lhem Lo admlnlsLer Lhe land because uallon dld noL have any means of llvellhood. o PCWLvL8, Lhe spouses admlLLed Lo admlnlsLerlng 3 parcels of landsof Sabesa[e's grandfaLher, Leonardo slnce 1938. 1hey never recelved Lhelr agreed 10 and 13 commlsslon on Lhe sales of copra and abaca. o eLlLloners clalm LhaL Sabesa[e's sulL was lnLended Lo harass, preempL and foresLall uallon's LhreaL Lo sue for Lhese unpald commlsslons.
9AA?BA C: =B #BA:8DB6@ 1. WheLher or noL Lhere was a valld conLracL of sale of Lhe land. 2. WheLher or noL a publlc documenL was necessary for Lhe Lransfer of ownershlp LhereLo.
#BA:8?C9:%A 7%6 7#!?EB%CA 9AA?B 5 ! WheLher or noL Lhere was a valld conLracL of sale of Lhe land ! ?LS.
Ma[or olnL 1: 1he auLhenLlclLy of Lhe deed of sale has been proved ln accordance wlLh A-F" 35 G 3+4 #0H- 5+3 &I JK- #-;LM-N #0H-M &I <&0/J 5
1 SEC. 21. Piivate wiiting, its execution anu authenticity, how pioveu.-Befoie any piivate wiiting may be ieceiveu in eviuence, its uue execution anu authenticity must be pioveu eithei: (a) By anyone who saw the wiiting executeu;; (b) By eviuence of the genuineness of the hanuwiiting of the makei;; oi (c) By a subsciibing witness
xxx xxx xxx
SEC. 2S. Banuwiiting, how pioveu. The hanuwiiting of a peison may be pioveu by any witness who believes it to be the hanuwiiting of such peison, anu has seen the peison wiite, oi has seen wiiting puipoiting to be his upon which the witness has acteu oi been chaigeu, anu has thus acquiieu knowleuge of the hanuwiiting of such peison. Eviuence iespecting the hanuwiiting may also be given by a compaiison, maue by the witness oi the couit, with wiitings aumitteu oi tieateu as SALES BIuESTS (2u1S - 2u14) ATTY. RAY PA0L0 SANTIAu0
RACBELLE ANNE u0TIERREZ Cerardo M. Cgsoc poslLlvely LesLlfled Lo Lhe auLhenLlclLy of Lhe sale, and sald LhaL he had prepared sald deed of sale and had copled parLs Lhereof from Lhe "LscrlLura ue venLa AbsoluLa" (LxhlblL 8) such as Lhe boundarles Lhereof and Lhe name of appellanL Segundo uallon's wlfe. lurLher comparlson of Lhe quesLloned slgnaLures and Lhe speclmens wlLh Lhe slgnaLures of uallon readlly reveal LhaL Lhe quesLloned slgnaLures are Lhe slgnaLures of uallon.
9AA?B 3 ! WheLher or noL a publlc documenL was necessary for Lhe Lransfer of ownershlp LhereLo. ! nC. 1he provlslon of 7/J" 5+O( on Lhe necesslLy of a publlc documenL ls only for convenlence, noL for valldlLy or enforceablllLy.
Ma[or olnL 1: lL ls noL a requlremenL for Lhe valldlLy of a conLracL of sale of a parcel of land LhaL Lhls be embodled ln a publlc lnsLrumenL. A conLracL of sale ls a consensual conLracL, whlch means LhaL Lhe sale ls perfecLed by mere consenL. no parLlcular form ls requlred for lLs valldlLy. upon perfecLlon of Lhe conLracL, Lhe parLles may reclprocally demand performance (7/J" 5P'O4 %<<), l.e., Lhe vendee may compel Lransfer of ownershlp of Lhe ob[ecL of Lhe sale, and Lhe vendor may requlre Lhe vendee Lo pay Lhe Lhlng sold (7/J" 5PO(4 %<<).
,9%78 DB#69<C@ 1he Lrlal courL Lhus rlghLly and legally ordered uallon Lo dellver Lo Sabesa[e Lhe parcel of land and Lo execuLe correspondlng formal deed of conveyance ln a publlc documenL.
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genuine by the paity against whom the eviuence is offeieu, oi pioveu to be genuine to the satisfaction of the juuge. (Rule 1S2, Reviseu Rules of Couit)