Friday, February 24, 2012

Proving the due execution and authenticity of a private document - G.R. No. 190375

G.R. No. 190375

"x x x.

We found no clear showing that the trial court and the CA committed reversible errors of law in giving credence and according weight to the pesadas presented by respondents. According to Rule 132, Section 20 of the Rules of Court, there are two ways of proving the due execution and authenticity of a private document, to wit:

SEC. 20. Proof of private document. – Before any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either:

(a) By anyone who saw the document executed or written; or

(b) By evidence of the genuineness of the signature or handwriting of the maker.

Any other private document need only be identified as that which it is claimed to be. (21a)

As reproduced above, the trial court found that the due execution and authenticity of the pesadas were “established by the plaintiff’s daughter Elena Tan and sometimes by plaintiff’s son Vicente Tan.”[16] The RTC said:

On cross-examination, [Vicente] reiterated that he and her [sic] sister Elena Tan who acted as their cashier are helping their father in their business of buying copras and mais. That witness agreed that in the business of buying copra and mais of their father, if a seller is selling copra, a pesada is being issued by his sister. The pesada that she is preparing consists of the date when the copra is being sold to the seller. Being familiar with the penmanship of Elena Tan, the witness was shown a sample of the pesada issued by his sister Elena Tan. x x x

x x x x x x x x x

x x x. He clarified that in the “pesada” (Exh. “1”) prepared by Elena and also in Exh “2”, there appears on the lower right hand portion of the said pesadas the letter “pd”, the meaning of which is to the effect that the seller of the copra has already been paid during that day. He also confirmed the penmanship and handwriting of his sister Ate Elena who acted as a cashier in the pesada being shown to him. He was even made to compare the xerox copies of the pesadas with the original copies presented to him and affirmed that they are faithful reproduction of the originals.[17] (Emphasis supplied)

In any event, petitioner is already estopped from questioning the due execution and authenticity of the pesadas. As found by the CA, Tan Shuy “could have easily belied the existence of x x x the pesadas or receipts, and the purposes for which they were offered in evidence by simply presenting his daughter, Elena Tan Shuy, but no effort to do so was actually done by the former given that scenario.” The pesadas having been admitted in evidence, with petitioner failing to timely object thereto, these documents are already deemed sufficient proof of the facts contained therein.[18] We hereby uphold the factual findings of the RTC, as affirmed by the CA, in that the pesadas served as proof that the net proceeds from the copra deliveries were used as installment payments for the debts of respondents.[19]

x x x."