Thursday, November 21, 2013

Un-notarized Document

Absence of notarization of a deed of sale would not invalidate the transaction, however, an irregular notarization reduces the evidentiary value of the document to that of a private document, which requires proof of its due execution and authenticity to be admissible as evidence.

Trier of Facts

The Supreme Court is not a trier of facts and is not to review or calibrate the evidence on record. When supported by substantial evidence, the findings of fact by the trial court are binding and conclusive on the parties and are not reviewable by the Supreme Court, unless the case falls under the recognized exceptions. An acceptable exception is where there is a conflict between the factual determination of the trial court and that of the appellate court. In such case, it becomes imperative to digress from this general rule and revisit the factual circumstances surrounding the controversy (G.R. No. 203786. October 23, 2013).