Tortona vs Gregorio GR202612

Tortona et al. vs Gregorio et al. 

GR 202612; Jan. 17, 2018

Facts: 

Findings of Gomez July 13, 2000 - 1st Report

- "the purported thumbmarks of Rufina Casimiro in the alleged Deed of Absolute Sale ... [were] not identical with her standard thumbmarks in [the standard documents]"

- "the thumbmarks appearing in the ... Deed of Absolute Sale ... were not impressed by Rufina Casimiro."

Findings of Gomez May 2, 2001 - 2nd Report

- thumbmarks on the standard documents appeared to be "faint, blurred and lacking the necessary ridge characteristics to warrant positive identification."

- he clarified in a subsequent that "while the standard thumbmarks lack the 'necessary ridge characteristics to warrant positive identification,['] 'all the standard are all in the same finger print pattern' and 'they are also in agreement of the flow of ridges of all the standard."

- RTC concluded that the Deed of Absolute Sale was a forgery

- CA reversed and set aside the ruling of the RTC. It also emphasized Gomez's second examination, which appeared to indicate that the thumbmarks in the standard documents prevent "positive identification."

Issue:

Whether Rufina Casimiro’s thumbmark is authentic or not.

Held:

        Technical Investigation/Identification Report FP Case No. 2000-182 dated July 13, 2000 - The questioned thumbmarks on the Deed of Absolute Sale do not belong to Rufina. The questioned thumbmarks were of the "circle type" while the genuine thumbmarks of Rufina were of the "loop type."

        The faint and blurred features of the thumbmarks appearing on the standard documents may have made them less than ideal. Still, Gomez explained that they remained to be sufficiently consistent, and therefore, suitable for a comparison with the thumbmarks appearing on the disputed Deed of Absolute Sale.

        Petitioners were able to discharge their burden of proving forgery by clear and convincing evidence. Petitioners themselves recounted in a straightforward manner that their mother, being illiterate, never dealt with her properties without the assistance of any of her children.  To attest to this, they presented documents bearing the thumbmarks of their mother, where it appeared that at least one (1) of them was present to assist her.  These same documents, when compared with the contentious Deed of Absolute Sale, demonstrated the falsity of the thumbmarks appearing on the latter.

Fulltext: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63831