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EVID FACTS:

[58] DYCOCO V. ORINA  Petitioner Virgilio Dycoco is alleged to have executed on October 9, 1995 a real
G.R. NO. 184843 | JULY 30, 2010 | CARPIO-MORALES, J. estate mortgage with special power to sell mortgaged property without judicial
BELGIRA | GROUP I proceedings in favor of respondent Adelaida Orina.
 Orina claimed that Dycoco was indebted to her in the amount of P250,000. Dycoco
PETITIONERS: Virgilio Dycoco, herein represented by his Attorneys-in-fact Cristino allegedly failed to pay the obligation. As such, Orina enforced the mortgage. A
C. Grafilo, Jose C. Grafilo, and Adolfo C. Grafilo, and likewise for and in their own title was issued in her name.
behalf  Dycoco’s attorneys-in-fact-brothers-in-law, who occupied the property, did not
RESPONDENTS: Adelaida Orina joined by her husband German R. Orina as turn over possession to Orina. Hence, Orina filed a complaint for ejectment.
represented by her Attorney-in-fact Evelyn M. Sagalongos and for in the latter’s own  Upon notice of the complaint, Dycoco filed a complaint for the annulment of the
behalf mortgage. He and his attorneys-in-fact claimed that the signature on the mortgage
was forged.
TOPIC: B. Documentary Evidence; 3. Authentication and Proof of Documents; b. o As proof, they presented various documents that Dycoco was working in the
Private Documents; Proof of Private Documents U.S.A. as a physician on the alleged date of execution of the mortgage. They
also presented Dycoco’s U.S. Passport, personal checks, Special Power of
CASE SUMMARY: Attorney and Affidavit; and a Certification from the Clerk of Court of RTC
 Petitioner Dycoco is alleged to have executed a mortgage in favor of respondent Manila that the office does not possess a copy of the mortgage, Notary Public
Orina to secure his debt of P250,000. Dycoco allegedly failed to pay the obligation. Sinaguinan having not submitted her notarial report for October 1995.
As such, Orina enforced the mortgage. Dycoco’s brothers-in-laws did not turn over o On the other hand, Orina presented Evelyn, Orina’s attorney-in-fact, who
the possession of the property to Orina. Hence, Orina filed a complaint for testified on a photocopy of the mortgage.
ejectment. Upon receipt of the complaint, Dycoco filed a complaint for annulment  The trial court dismissed Dycoco’s complaint, holding that they failed to establish
of the mortgage on the ground that it was forged. Orina produced a mere that Orina knew it was not Dycoco who mortgaged the same.
photocopy of the alleged mortgage and presented a sole witness. On the other  The appellate court affirmed the decision, holding that despite the striking
hand, Dycoco presented various documentary evidence including a special power differences of Dycoco’s signatures in the mortgage and the documentary evidence
of attorney executed in the U.S.A. The trial court and appellate court ruled in favor presented, Dycoco was not present on the witness stand to establish the genuiness,
of Orina. The latter court held that Dycoco was required to be present on the due execution and contents of the documentary evidence. As such, no probative
witness stand to establish the genuiness, due execution and contents of the value can be ascribed thereto.
documentary evidence. Hence, Dycoco’s present petition. The Court granted the  Hence, the present case.
petition, setting aside the contested decisions and holding…
ISSUES and RULING: Petition GRANTED.
DOCTRINE:  WON the mortgage was properly notarized – NO
 Since [the mortgae] is not properly notarized, its public character does not hold. It o The name of the person who personally appeared before the notary public is
is subject to requirement of proof for private documents under Sec. 20, Rule 132 not stated. Since it is not properly notarized, its public character does not hold.
 It is axiomatic that when the genuineness of signatures on a document is sought It is subject to requirement of proof for private documents under Sec. 20, Rule
to be proved or disproved through comparison of standard signatures with the 132.
questioned signature, the original thereof must be presented.  WON a mere photocopy of the mortgage is admissible – NO
 One of the documents offered by Dycoco is a Special Power of Attorney executed o Since the mortgage was a private document, it was incumbent upon Orina to
on June 2, 2000 in Illinois, U.S.A. showing his signature, notarized and certified in prove that Dycoco’s signature is genuine. It is axiomatic that when the
accordance with Public Act No. 2103, which effectively dispenses with the genuineness of signatures on a document is sought to be proved or disproved
requirement of presenting him on the witness stand. through comparison of standard signatures with the questioned signature, the
original thereof must be presented. As such, Sec 5, Rule 130 governs: when
the original document is unavailable xxx, the offeror, upon proof of its
execution or existence xxx may prove xxx.
 WON Dycoco’s presence on the witness stand was required – NO DISPOSITIVE:
o One of the documents offered by Dycoco is a Special Power of Attorney  WHEREFORE, the petition is GRANTED. The Decision of the Court of Appeals
executed on June 2, 2000 in Illinois, U.S.A. showing his signature, notarized dated November 29, 2007 is REVERSED and SET ASIDE. Let a NEW judgment be
and certified in accordance with Public Act No. 2103, which effectively entered declaring null and void the document entitled “Real Estate Mortgage with
dispenses with the requirement of presenting him on the witness stand. Sec. Special Power to Sell Mortgaged Property without Judicial Proceed-
2 thereof provides:
 An instrument or document acknowledged and authenticated in a
foreign country shall be considered authentic if the acknowledgment and
authentication are made in accordance with the following requirements:
(a) The acknowledgment shall be made before (1) an ambassador,
minister, secretary of legation, chargé d’affaires, consul, vice-consul, or
consular agent of the United States, acting within the country or place to
which he is accredited, or (2) a notary public or officer duly authorized
by law of the country to take acknowledgments of instruments or
documents in the place where the act is done.
(b) The person taking the acknowledgment shall certify that the person
acknowledging the instrument or document is known to him, and that he
is the same person who executed it, and acknowledged that the same is
his free act and deed. The certificate shall be under his official seal, if he
is by law require to keep a seal, and if not, his certificate shall so state. In
case the acknowledgment is made before a notary public or an officer
mentioned in subdivision (2) of the preceding paragraph, the certificate
of the notary public or the officer taking the acknowledgment shall be
authenticated by an ambassador, minister, secretary of legation, chargé
d’affaires, consul, vice-consul, or consular agent of the United States,
acting within the country or place to which he is accredited. The officer
making the authentication shall certify under his official seal that the
person who took the acknowledgment was at the time duly authorized
to act as notary public or that he was duly exercising the functions of the
office by virtue of which he assumed to act, and that as such he had
authority under the law to take acknowledgment of instruments or
documents in the place where the acknowledgment was taken, and that
his signature and seal, if any, are genuine.”
o There was no necessity to present Dycoco on the witness stand or to present
the one who made the entries on his U.S. passport. In Orina’s
Comment/Opposition to Dycoco’s formal offer of evidence, the passport was
objected to as being “immaterial, irrelevant and impertinent.” Such comment
is a virtual admission of the authenticity of the entries in the passport.
o Evelyn’s testimony that Dycoco was present on the day of the signing of the
mortgage contradicts the entries.