Dear IBP,
Noong nag abroad po ang papa ko, nanghiram po siya ng pera sa kumpare niya. Yung titulo ng bahay at lupa namin ay sinangla sa kanyang kumpare at nagpirma sila ng real estate mortgage contract. Nagkasakit po ang papa namin at namatay. Aayusin po sana namin ang real esate tax, pero nagulat na lang po ako ng bayaran ko ang amilyar, ito po ay nakapangalan na sa kumpare ng papa ko. Pag verify ko sa ROD, nalipat na po ang titulo sa pangalan ng kumpare gamit ang isang deed of sale na hindi po pirma ni papa dahil hindi napo siya maka hawak ng ballpen sa petsang yun. Ginaya nila pirma ng papa ko sa mortgage. Mag ka iba po talaga ang stroke ng pirma. Paano po ba mapatunayan na hindi po yun pirma ng papa ko?
Jun.
Dear Mr. Jun,
Since you are questioning the genuineness of your father’s signature, you have to go to Court.
The law applicable to your predicament is the A.M. No. 19-08-15-SC, 2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON EVIDENCE.
Section 22. How genuineness of handwriting proved. – The handwriting of a person may be proved by any witness who believes it to be the handwriting of such person because he or she has seen the person write, or has seen writing purporting to be his or hers upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge.
Under the Rules of Court, the genuineness of a handwriting may be proved by the following:
(1) A witness who actually saw the person writing the instrument;
(2) A witness familiar with such handwriting and who can give his opinion thereon, such opinion being an exception to the opinion rule;
(3) A comparison by the court of the questioned handwriting and admitted genuine specimen thereof; and
(4) Expert evidence.
During the court hearing, the persons who signed as witnesses to the instrument of the deed of sale may be examined by the court whether they actually saw your father signing the instrument. If your father really did not sign the deed, these witnesses who took their oath and lied that they saw your father signed when in fact he was already unable to sign, would be liable for Perjury under Article 183 of the Revised Penal Code which states that any person, who knowingly makes untruthful statements … and shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath … shall be liable for perjury in solemn affirmation.
The Court may also examine the signatures and make conclusions after comparing both signatures.
As to the expert evidence, the NBI and the PNP have forensic experts or document examiners who could examine the signature of your father at the questioned deed of sale and compare it with your father’s genuine signatures in other instruments. The Court may direct the NBI forensic experts to examine the signature and in that case, you need to prepare documents containing the signatures of your father with dates existing or occurring in the same period of time. According to you, since your father could no longer hold a ballpen at the alleged date stated in the deed of sale, then this could be used in your favor.
But do not be disturbed even if the signatures of your father do not look exactly the same.
Even if there would be variation in your father’s writings, as one could not write exactly the same way, even within several repetitions of writings, it must be noted that an individual’s known writing, including past writings or writings completed during his lifetime, would enable document examiners to assess which is his genuine signature.
Your father’s signature would be examined as to the consistency of the slant and size, thickening and thinning of the lines as the writing instrument changes direction, and tapered beginning and ending strokes that occurred once the writing instrument came in contact with or left the paper. Added to the assessment are its internal consistency, comparability, and variation and to determine the presence or absence of individualizing characteristics.
But take note, the findings of forensic experts or document examiners would not always be given credence. Courts are not bound to give probative value or evidentiary value to the opinions of handwriting experts, as resort to handwriting experts is not mandatory.
Therefore in your case Mr. Jun, since your father was allegedly sick at the time he signed the document, you must prepare sufficient standards for comparison since the NBI handwriting expert stated that age and health conditions could affect one’s handwriting. In several cases decided by the Supreme Court, Notarial documents executed with all the legal requisites under the safeguard of a notarial certificate are evidence of a high character.
You must present strong, complete, and conclusive proof of the falsity of the deed of sale. A mere disclaimer is not sufficient. As a rule, forgery cannot be presumed and must be proved by clear, positive, and convincing evidence and the burden of proof lies on you.
Lastly, according to signature analysts, a signature is a persona, a reflection of how a person behaves and handles himself in public. It is a window to your character, so sign your name with style. Please send your questions to ibpdavao@gmail.com.
