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FACTS:
When Manalo was about to occupy the lots, he found that they had
been fenced by Benjamin Dy, who claimed to be the owner of the
properties. Manalo then demanded from Paramount that it eject Dy
from the property, however it failed to do so. Thus, Manalo filed a
complaint against Paramount.
The trial court held that Paramount was bound to place Manalo in
peaceful possession of lot 2 in accordance with the express warrant
in the Deed of Absolute Sale and that Manalo has the right to
suspend payment of the balance of the purchase price. It further
held that the evidence of ownership presented by Dy was
insufficient, consisting as it did only of the two receipts and the deed
of sale from his father. No deed of sale from the Doña Agripina
Subdivision was submitted. There was no proof either that the
disputed lots belonged to the subdivision as the evidence of record
showed that the land was originally owned by one Eusebio Lopez,
who mortgaged it to Paramount.
ISSUE:
Whether or not the receipts presented by Petitioner Dy are
sufficient to prove his ownership of the lots.
RULING: NO
RULING:
1. Petitioner Malayan Insurance Co., Inc., contends that Jeanne Kings
testimony was hearsay because she had no personal knowledge of
the execution of the documents supporting respondents cause of
action, such as the sales contract, invoice, packing list, bill of lading,
SGS Report, and the Marine Cargo Policy. Petitioner avers that even
though King was personally assigned to handle and monitor the
importation of Philippine Nails and Wires Corporation, herein
respondent, this cannot be equated with personal knowledge of the
facts which gave rise to respondents cause of action. Further,
petitioner asserts, even though she personally prepared the
summary of weight of steel billets received by respondent, she did
not have personal knowledge of the weight of steel billets actually
shipped and delivered.
FACTS: While the foregoing testimonies of the Sanson siblings have not
faithfully discharged the quantum of proof under Section 22, Rule
Petitioner-appellant Felicito G. Sanson (Sanson), in his capacity as 132 of the Revised Rules on Evidence which reads:
creditor, filed before the Regional Trial Court (RTC) of Iloilo City a
petition for the settlement of the estate of Juan Bon Fing Sy (the Section 22. How genuineness of handwriting proved. The
deceased) who died on January 10, 1990. Sanson claimed that the handwriting of a person may be proved by any witness who believes
deceased was indebted to him in the amount of P603,000.00 and to it to be the handwriting of such person because he has seen the
his sister Celedonia Sanson-Saquin (Celedonia) in the amount person write, or has seen writing purporting to be his upon which
of P360,000.00. the witness has acted or been charged and has thus acquired
knowledge of the handwriting of such person. x x x,
Petitioners-appellants Eduardo Montinola, Jr. and his mother
Angeles Montinola (Angeles) later filed separate claims against the not only did the administratrix fail to controvert the same; from a
estate, alleging that the deceased owed them P50,000.00 comparison with the naked eye of the deceaseds signature
and P150,000.00, respectively. appearing on each of the checks-exhibits of the Montinolas with that
of the checks-exhibits of the Sanson siblings all of which checks
By Order of February 12, 1991, the RTC appointed Melecia T. Sy, were drawn from the same account, they appear to have been
surviving spouse of the deceased, as administratrix of his estate. affixed by one and the same hand.
During the hearing of the claims against the estate, Sanson, In fine, as the claimants-herein petitioners have, by their evidence,
Celedonia, and Jade Montinola, wife of claimant Eduardo Montinola, substantiated their claims against the estate of the deceased, the
Jr., testified on the transactions that gave rise thereto, over the burden of evidence had shifted to the administratrix who, however,
objection of the administratrix who invoked Section 23, Rule 130 of expressly opted not to discharge the same when she manifested
the Revised Rules of Court otherwise known as the Dead Mans that she was dispensing with the presentation of evidence against
Statute. the claims.
ISSUE:
WON the handwriting of the deceased in the checks presented as
evidence by the petitioners has been adequately proved. (one of the
issues in this case)
RULING: YES
ISSUE:
WON the testimony of Caraga is admissible.
RULING: YES
ISSUE:
WON the letter-complaint has any probative value.
RULING: NONE
Inspite of the fact that a subpoena duces tecum had been issued
ordering the Bureau of Lands to produce the original of the letter-
complaint, no representative from said office appeared to testify as
to the existence thereof.