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Zenaida Tigno, et al vs Sps Aquino, CA

ZENAIDA B. TIGNO, IMELDA B. TIGNO and ARMI B. TIGNO, Petitioners, versus SPOUSES ESTAFINO AQUINO and FLORENTINA AQUINO and the HONORABLE COURT OF APPEALS, Respondents.

G.R. No. 129416 | 2004-11-25

D E C I S I O N

Tinga, J.:

The controversy in the present petition hinges on the admissibility of a single document, a deed of sale involving interest over real property, notarized by a person of questionable capacity. The assailed ruling of the Court of Appeals, which overturned the findings of fact of the Regional Trial Court, relied primarily on the presumption of regularity attaching to notarized documents with respect to its due execution. We conclude instead that the document has not been duly notarized and accordingly reverse the Court of Appeals.

The facts are as follow:

On 11 January 1980, respondent spouses Estafino and Florentina...