Friday, January 6, 2017

It is true that the subject Deed of Assignment and Transfer of Rights and Deed of Absolute Sale are notarized. It is well settled that a document acknowledged before a notary public is a public document that enjoys the presumption of regularity.[19] It is a prima facieevidence of the truth of the facts stated therein and a conclusive presumption of its existence and due execution.[20] However, the CA correctly held that the existence and due execution of these documents are not in issue. Moreover, the presumption of truth of the facts stated in notarized documents is merely prima facie, which means that this presumption can be overcome by clear and convincing evidence.[21] Hence, the truth of the facts stated in the disputed Deed of Assignment and Transfer of Rights as well as the Deed of Absolute Sale may be rebutted by evidence.

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