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Inamarga Vs Alano

Tomas Alano mortgaged two parcels of land to pay off a loan but could not redeem the properties, so his niece Mary Ann Deheza-Inamarga paid off the loan in exchange for mortgaging the properties to her. After Tomas' death, his heirs tried to redeem the property but Mary Ann claimed she had mortgaged it to a bank. The heirs alleged the deed of sale to Mary Ann was forged. Both lower courts found the deed of sale to be an equitable mortgage and declared it a forgery based on differences between the signatures on the deed and genuine signatures. The appellate court affirmed finding the signatures were forged without need for a handwriting expert.

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265 views1 page

Inamarga Vs Alano

Tomas Alano mortgaged two parcels of land to pay off a loan but could not redeem the properties, so his niece Mary Ann Deheza-Inamarga paid off the loan in exchange for mortgaging the properties to her. After Tomas' death, his heirs tried to redeem the property but Mary Ann claimed she had mortgaged it to a bank. The heirs alleged the deed of sale to Mary Ann was forged. Both lower courts found the deed of sale to be an equitable mortgage and declared it a forgery based on differences between the signatures on the deed and genuine signatures. The appellate court affirmed finding the signatures were forged without need for a handwriting expert.

Uploaded by

Lindsay Mills
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INAMARGA vs.

ALANO
GR no. 171321
FACTS: Tomas Alano was the owner of two parcels of land which he mortgaged in favor of Renato Gepty. The latter demanded the payment of
the loan. However, Tomas did not have money at that time to redeem his poperties so he sought the help from his niece, petitioner Mary Ann
Deheza-Inamarga. Petitioner agreed to pay the loan while the spouses, in turn, mortgaged the properties to her. Petitioner kept possession of the
title and asked the spouses to sign blank pieces of paper which petitioner said will be converted into receipts evidencing their indebtedness to her.
After the death of Tomas, respondents Celenia together with her children went to the petitioner to redeem the property. However, petitioner told
them that she had mortgaged the property to the Rural Bank of Libacao. Respondents learned that the TCTs in petitioners favour were issued by
virtue of a Deed of Sale purportedly executed by the Spouses Alano in her favor.
Respondents filed a complaint for the declaration of nullity of document, reconveyance and damages against petitioners and Rural Bank of
Libacao. Respondents contended that the deed of sale is null and void because the signatures of the Spouses Alano were forged and even if they
were the signatures of the spouses, they were affixed on blank sheets of paper which were not intended to be a Deed of Sale. On the other hand,
petitioner denied the allegation of forgery and maintained that the deed of sale was valid. She claimed that the Spouses offered to sell her the
property so they can use the purchase price of 7,000php to redeem the property from Gepty.
The RTC declared that the transaction between the plaintiffs and defendant Mary Ann Deheza-Inamarga as an Equitable Mortgage and declaring
the plaintiffs entitled to redeem the mortgaged properties which shall be effected upon payment of the mortgage debt. It further declared the
nullity of the deed of sale. Upon appeal, the CA affirmed the decision of the trial court.
ISSUE: WON the deed of sale is a forgery.
HELD: YES. The CA cited apparent differences inn the signatures on the face of the documentary evidence submitted before the RTC. Also, it
found that the signatures on the deed of sale appeared to be different in characteristics, spacing and strokes from the signatures of the Spouses
Alano appearing in other documents forming part of the records of this case which are admittedly genuine. The presentation of a handwriting
expert is not necessary. The signatures on a questioned document can be examined visually by a judge who can and should exercise independent
judgment on the issue of authencity of such signatures.

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