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G.R. No. 190375. February 8, 2012.*

TAN SHUY, petitioner, vs. SPOUSES GUILLERMO MAULAWIN

and PARING CARIÑO-MAULAWIN, respondents.

Remedial Law; Civil Procedure; Appeals; The jurisdiction of the

Supreme Court, in cases brought before it from the Court of Appeals (CA),
is limited to reviewing or revising errors of law.—We reiterate our ruling in
a line of cases that the jurisdiction of this Court, in cases brought before it
from the CA, is limited to reviewing or revising errors of law. Factual
findings of courts, when adopted and confirmed by the CA, are final and
conclusive on this Court except if unsupported by the evidence on record.
There is a question of fact when doubt arises as to the truth or falsehood of
facts; or when there is a need to calibrate the whole evidence, considering
mainly the credibility of the witnesses and the probative weight thereof, the
existence and relevancy of specific surrounding circumstances, as well as
their relation to one another and to the whole, and the probability of the
situation. Here, a finding of fact is required in the ascertainment of the due
execution and authenticity of the pesadas, as well as the determination of
the true intention behind the parties’ oral agreement on the application of
the net proceeds from the copra deliveries as installment payments for the
loan. This function was already exercised by the trial court and affirmed by
the CA.
Same; Evidence; Two Ways of Proving the Due Execution and
Authenticity of a Private Document.—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)

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* SECOND DIVISION.

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Civil Law; Obligations; Dation in Payment; There is dation in payment

when property is alienated to the creditor in satisfaction of a debt in money;
Dation in payment extinguishes the obligation to the extent of the value of
the thing delivered, either as agreed upon by the parties or as may be
proved, unless the parties by agreement—express or implied, or by their
silence—consider the thing as equivalent to the obligation, in which case
the obligation is totally extinguished.—Pursuant to Article 1232 of the Civil
Code, an obligation is extinguished by payment or performance. There is
payment when there is delivery of money or performance of an obligation.
Article 1245 of the Civil Code provides for a special mode of payment
called dation in payment (dación en pago). There is dation in payment when
property is alienated to the creditor in satisfaction of a debt in money. Here,
the debtor delivers and transmits to the creditor the former’s ownership over
a thing as an accepted equivalent of the payment or performance of an
outstanding debt. In such cases, Article 1245 provides that the law on sales
shall apply, since the undertaking really partakes—in one sense—of the
nature of sale; that is, the creditor is really buying the thing or property of
the debtor, the payment for which is to be charged against the debtor’s
obligation. Dation in payment extinguishes the obligation to the extent of
the value of the thing delivered, either as agreed upon by the parties or as
may be proved, unless the parties by agreement—express or implied, or by
their silence—consider the thing as equivalent to the obligation, in which
case the obligation is totally extinguished.
Same; Same; Same; Dation in payment exists when there was partial
payment every time Guillermo delivered copra to petitioner, chose not to
collect the net proceeds of his copra deliveries, and instead applied the
collectible as installment payments for his loan from Tan Shuy.—The
subsequent arrangement between Tan Shuy and Guillermo can thus be
considered as one in the nature of dation in payment. There was partial
payment every time Guillermo delivered copra to petitioner, chose not to
collect the net proceeds of his copra deliveries, and instead applied the
collectible as installment payments for his loan from Tan Shuy. We therefore
uphold the findings of the trial court, as affirmed by the CA, that the net
proceeds from Guillermo’s copra deliveries amounted to P378,952.43. With
this partial payment, respondent remains liable for the balance totaling
P1,047.57.

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PETITION for review on certiorari of the decision and resolution of

the Court of Appeals.
The facts are stated in the opinion of the Court.
Jose C. Flores, Jr. for respondents.

SERENO, J.:
Before the Court is a Petition for Review on Certiorari filed
under Rule 45 of the Rules of Court, assailing the 31 July 2009
Decision and 13 November 2009 Resolution of the Court of Appeals
(CA).1

Facts

Petitioner Tan Shuy is engaged in the business of buying copra

and corn in the Fourth District of Quezon Province. According to
Vicente Tan (Vicente), son of petitioner, whenever they would buy
copra or corn from crop sellers, they would prepare and issue a
pesada in their favor. A pesada is a document containing details of
the transaction, including the date of sale, the weight of the crop
delivered, the trucking cost, and the net price of the crop. He then
explained that when a pesada contained the annotation “pd” on the
total amount of the purchase price, it meant that the crop delivered
had already been paid for by petitioner.2
Guillermo Maulawin (Guillermo), respondent in this case, is a
farmer-businessman engaged in the buying and selling of copra and
corn. On 10 July 1997, Tan Shuy extended a loan to Guillermo in the
amount of P420,000. In consideration thereof, Guillermo obligated
himself to pay the loan and to

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1 Both the Decision and Resolution in CA-G.R. CV No. 90070 were penned by
Justice Andres B. Reyes, Jr. and concurred in by Justices Fernanda Lampas Peralta
and Apolinario D. Bruselas, Jr.
2 RTC Decision, p. 4; Rollo, p. 48.

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Tan Shuy vs. Maulawin

sell lucad or copra to petitioner. Below is a reproduction of the

contract:3

No 2567 Lopez, Quezon July 10, 1997

Tinanggap ko kay G. TAN SHUY ang halagang ………………….
(P420,000.00) salaping Filipino. Inaako ko na isusulit sa kanya ang aking
LUCAD at babayaran ko ang nasabing halaga. Kung hindi ako makasulit
ng LUCAD o makabayad bago sumapit ang ……………………., 19
…… maaari niya akong ibigay sa may kapangyarihan. Kung ang

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pagsisingilan ay makakarating sa Juzgado ay sinasagutan ko ang lahat ng

kaniyang gugol.
P………………………................ [Sgd. by respondent]
. …......................................
Lagda

Most of the transactions involving Tan Shuy and Guillermo were

coursed through Elena Tan, daughter of petitioner. She served as
cashier in the business of Tan Shuy, who primarily prepared and
issued the pesada. In case of her absence, Vicente would issue the
pesada. He also helped his father in buying copra and granting loans
to customers (copra sellers). According to Vicente, part of their
agreement with Guillermo was that they would put the annotation
“sulong” on the pesada when partial payment for the loan was made.
Petitioner alleged that despite repeated demands, Guillermo
remitted only P23,000 in August 1998 and P5,500 in October 1998,
or a total of P28,500.4 He claimed that respondent had an
outstanding balance of P391,500. Thus, convinced that Guillermo no
longer had the intention to pay the loan, petitioner brought the
controversy to the Lupon Tagapamayapa. When no settlement was
reached, petitioner filed a Complaint before the Regional Trial Court
(RTC).

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3 Petitioner’s Complaint, Annex E; Rollo, p.71.
4 Petitioner’s Complaint, pp. 1-2; Rollo, pp. 67-68.

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Respondent Guillermo countered that he had already paid the

subject loan in full. According to him, he continuously delivered and
sold copra to petitioner from April 1998 to April 1999. Respondent
said they had an oral arrangement that the net proceeds thereof shall
be applied as installment payments for the loan. He alleged that his
deliveries amounted to P420,537.68 worth of copra. To bolster his
claim, he presented copies of pesadas issued by Elena and Vicente.
He pointed out that the pesadas did not contain the notation “pd,”
which meant that actual payment of the net proceeds from copra
deliveries was not given to him, but was instead applied as loan
payment. He averred that Tan Shuy filed a case against him, because
petitioner got mad at him for selling copra to other copra buyers.
On 27 July 2007, the trial court issued a Decision, ruling that the
net proceeds from Guillermo’s copra deliveries—represented in the
pesadas, which did not bear the notation “pd”—should be applied as

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installment payments for the loan. It gave weight and credence to the
pesadas, as their due execution and authenticity was established by
Elena and Vicente, children of petitioner.5 However, the court did
not credit the net proceeds from 12 pesadas, as they were deliveries
for corn and not copra. According to the RTC, Guillermo himself
testified that it was the net proceeds from the copra deliveries that
were to be applied as installment payments for the loan. Thus, it
ruled that the total amount of P41,585.25, which corresponded to the
net proceeds from corn deliveries, should be deducted from the
amount of P420,537.68 claimed by Guillermo to be the total value
of his copra deliveries. Accordingly, the trial court found that
respondent had not made a full payment for the loan, as the total
creditable copra deliveries merely amounted to P378,952.43, leaving
a balance of P41,047.57 in his loan.6

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5 RTC Decision, pp. 16-17; Rollo, pp. 60-61.
6 The RTC found that respondents remained indebted to petitioner for the total
balance of P41,047.53. However, after a re-

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Tan Shuy vs. Maulawin

On 31 July 2009, the CA issued its assailed Decision, which

affirmed the finding of the trial court. According to the appellate
court, petitioner could have easily belied the existence of the
pesadas and the purpose for which they were offered in evidence by
presenting his daughter Elena as witness; however, he failed to do
so. Thus, it gave credence to the testimony of respondent Guillermo
in that the net proceeds from the copra deliveries were applied as
installment payments for the loan.7 On 13 November 2009, the CA
issued its assailed Resolution, which denied the Motion for
Reconsideration of petitioner.
Petitioner now assails before this Court the aforementioned
Decision and Resolution of the CA and presents the following
issues:

Issues

1. Whether the pesadas require authentication before they can be

admitted in evidence, and
2. Whether the delivery of copra amounted to installment
payments for the loan obtained by respondents from petitioner.

Discussion

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As regards the first issue, petitioner asserts that the pesadas

should not have been admitted in evidence, since they were private
documents that were not duly authenticated.8 He further contends
that the pesadas were fabricated in order to show that the goods
delivered were copra and not corn. Fi-

_______________
computation, this Court finds that a simple mathematical error was committed.
Respondents’ balance should be reflected as P41,047.57.
7 CA Decision, pp. 11-12; Rollo, pp. 27-28.
8 Petitioner refers to Exhibits “5,” “7,” “25,” “30,” “32,” “32-A,” “33,” “34,”
“38,” “43,” “45,” and “47.” See Tan Shuy’s Petition for Review on Certiorari, p. 6;
Rollo, p. 9.

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nally, he argues that five of the pesadas mentioned in the Formal

Offer of Evidence of respondent were not actually offered.9
With regard to the second issue, petitioner argues that respondent
undertook two separate obligations—(1) to pay for the loan in cash
and (2) to sell the latter’s lucad or copra. Since their written
agreement did not specifically provide for the application of the net
proceeds from the deliveries of copra for the loan, petitioner
contends that he cannot be compelled to accept copra as payment for
the loan. He emphasizes that the pesadas did not specifically
indicate that the net proceeds from the copra deliveries were to be
used as installment payments for the loan. He also claims that
respondent’s copra deliveries were duly paid for in cash, and that the
pesadas were in fact documentary receipts for those payments.
We reiterate our ruling in a line of cases that the jurisdiction of
this Court, in cases brought before it from the CA, is limited to
reviewing or revising errors of law.10 Factual findings of courts,
when adopted and confirmed by the CA, are final and conclusive on
this Court except if unsupported by the evidence on record.11 There
is a question of fact when doubt arises as to the truth or falsehood of
facts; or when there is a need to calibrate the whole evidence,
considering mainly the credibility of the witnesses and the probative
weight thereof, the existence and relevancy of specific surrounding
circumstances, as well as their relation to one another and to the
whole, and the probability of the situation.12

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9 Petitioner refers to Exhibits “65” to “69.” See Tan Shuy’s Petition for Review on
Certiorari, p. 6; Rollo, p. 9.

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10 Republic v. Regional Trial Court, G.R. No. 172931, 18 June 2009, 589 SCRA
552.
11 Id.
12 Guy v. Court of Appeals, G.R. No. 165849, 10 December 2007, 539 SCRA 584;
Obando v. People, G.R. No. 138696, 7 July 2010, 624 SCRA 299.

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Here, a finding of fact is required in the ascertainment of the due

execution and authenticity of the pesadas, as well as the
determination of the true intention behind the parties’ oral
agreement on the application of the net proceeds from the copra
deliveries as installment payments for the loan.13 This function was
already exercised by the trial court and affirmed by the CA. Below is
a reproduction of the relevant portion of the trial court’s Decision:

“x x x The defendant further averred that if in the receipts or “pesadas”

issued by the plaintiff to those who delivered copras to them there is a
notation “pd” on the total amount of purchase price of the copras, it means
that said amount was actually paid or given by the plaintiff or his daughter
Elena Tan Shuy to the seller of the copras. To prove his averments the
defendant presented as evidence two (2) receipts or pesadas issued by the
plaintiff to a certain “Cariño” (Exhibits “1” and “2”—defendant) showing
the notation “pd” on the total amount of the purchase price for the copras.
Such claim of the defendant was further bolstered by the testimony of
Apolinario Cariño which affirmed that he also sell copras to the plaintiff Tan
Shuy. He also added that he incurred indebtedness to the plaintiff and
whenever he delivered copras the amount of the copras sold were applied as
payments to his loan. The witness also pointed out that the plaintiff did not
give any official receipts to those who transact business with him (plaintiff).
This Court gave weight and credence to the documents receipts
(pesadas) (Exhibits “3” to “64”) offered as evidence by the defendant
which does not bear the notation “pd” or paid on the total amount of
the purchase price of copras appearing therein. Although said
“pesadas” were private instrument their execution and authenticity
were established by the plaintiff’s daughter Elena Tan and sometimes
by plaintiff’s son Vicente Tan. x x x.”14 (Emphasis supplied)

In affirming the finding of the RTC, the CA reasoned thus:

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13 See Bernaldez v. Francia, 446 Phil. 643; 398 SCRA 488 (2003).
14 RTC Decision, pp. 16-17; Rollo, pp. 60-61.

612

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“In his last assigned error, plaintiff-appellant herein impugns the

conclusion arrived at by the trial court, particularly with respect to the
giving of evidentiary value to Exhs. “3” to “64” by the latter in order to
prove the claim of defendant-appellee Guillermo that he had fully paid the
subject loan already.
The foregoing deserves scant consideration.
Here, plaintiff-appellant could have easily belied the existence of
Exhs. “3” to “64”, 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.”15 (Emphasis supplied)

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:

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15 CA Decision, pp. 10-11; Rollo, pp. 26-27.
16 RTC Decision, p. 17; Rollo, p. 61.

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“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
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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

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17 RTC Decision, p. 4; Rollo, p. 48.
18 See Obando v. People, supra note 12; Sy v. Court of Appeals, 386 Phil. 760;
330 SCRA 550 (2000), citing Son v. Son, 321 Phil. 951; 251 SCRA 556 (1995), Tison
v. Court of Appeals, 342 Phil. 550; 276 SCRA 582 (1997), and Quebral v. Court of
Appeals, 322 Phil. 387; 252 SCRA 353 (1996).

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pesadas served as proof that the net proceeds from the copra
deliveries were used as installment payments for the debts of
respondents.19
Indeed, pursuant to Article 1232 of the Civil Code, an obligation
is extinguished by payment or performance. There is payment when
there is delivery of money or performance of an obligation.20 Article
1245 of the Civil Code provides for a special mode of payment
called dation in payment (dación en pago). There is dation in
payment when property is alienated to the creditor in satisfaction of
a debt in money.21 Here, the debtor delivers and transmits to the
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creditor the former’s ownership over a thing as an accepted

equivalent of the payment or performance of an outstanding debt.22
In such cases, Article 1245 provides that the law on sales shall
apply, since the undertaking really partakes—in one sense—of the
nature of sale; that is, the creditor is really buying the thing or
property of the debtor, the payment for which is to be charged
against the debtor’s obligation.23 Dation in payment extinguishes the
obligation to the extent of the value of the thing delivered, either as
agreed upon by the parties or as may be proved, unless the parties by
agreement—express or implied, or by their silence—consider the
thing as equivalent to the

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19 RTC Decision, pp. 16-18; Rollo, pp. 60-62; CA Decision, pp. 10-13; Rollo, pp.
26-29.
20 Civil Code, Art. 1232.
21 Civil Code, Art. 1245.
22 Lopez v. Court of Appeals, 200 Phil. 150; 114 SCRA 671 (1982), (citing
Tolentino, Commentaries & Jurisprudence on the Civil Code of the Philippines, Vol.
IV, 276-277 (1962); D. José Castán Tobeñas, Derecho Civil Español, Común y Foral,
Vol. II 525 (6th ed. 1943); D. José María Manresa y Navarro, Comentarios al Código
Civil Español, Vol. VIII 324 (1932)); Aquintey v. Tibong, G.R. No. 166704, 20
December 2006, 511 SCRA 414, citing Vda. de Jayme v. Court of Appeals, 439 Phil.
192; 390 SCRA 380 (2002).
23 Aquintey v. Tibong, G.R. No. 166704, 20 December 2006, 511 SCRA 414,
citing Vda. de Jayme v. Court of Appeals, 439 Phil. 192; 390 SCRA 380 (2002); Civil
Code, Art. 1245.

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obligation, in which case the obligation is totally extinguished.24

The trial court found thus:

“x x x [T]he preponderance of evidence is on the side of the

defendant. x x x The defendant explained that for the receipts (pesadas)
from April 1998 to April 1999 he only gets the payments for trucking
while the total amount which represent the total purchase price for the
copras that he delivered to the plaintiff were all given to Elena Tan
Shuy as installments for the loan he owed to plaintiff. The defendant
further averred that if in the receipts or “pesadas” issued by the plaintiff to
those who delivered copras to them there is a notation “pd” on the total
amount of purchase price of the copras, it means that said amount was
actually paid or given by the plaintiff or his daughter Elena Tan Shuy to the
seller of the copras. To prove his averments the defendant presented as
evidence two (2) receipts or pesadas issued by the plaintiff to a certain
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“Cariño” (Exhibits “1” and “2” – defendant) showing the notation “pd” on
the total amount of the purchase price for the copras. Such claim of the
defendant was further bolstered by the testimony of Apolinario Cariño
which affirmed that he also sell [sic] copras to the plaintiff Tan Shuy.
He also added that he incurred indebtedness to the plaintiff and
whenever he delivered copras the amount of the copras sold were
applied as payments to his loan. The witness also pointed out that the
plaintiff did not give any official receipts to those who transact business
with him (plaintiff). x x x
Be that it may, this Court cannot however subscribe to the averments of
the defendant that he has fully paid the amount of his loan to the plaintiff
from the proceeds of the copras he delivered to the plaintiff as shown in the
“pesadas” (Exhibits “3” to “64”). Defendant claimed that based on the said
“pesadas” he has paid the total

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24 Lopez v. Court of Appeals, L-33157, 29 June 1982, 114 SCRA 671, citing Tolentino,
Commentaries & Jurisprudence on the Civil Code of the Philippines, Vol. IV 276-277 (1962);
D. José María Manresa y Navarro, Comentarios al Código Civil Español, Vol. VIII 324 (1932);
Calixto Valverde y Valverde, Tratado de Derecho Civil Español, Vol. II 174 (1935).

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amount of P420,537.68 to the plaintiff. However, this Court keenly noted

that some of the “pesadas” offered in evidence by the defendant were
not for copras that he delivered to the plaintiff but for “mais” (corn).
The said pesadas for mais or corn were the following, to wit:
x x x    x x x    x x x
To the mind of this Court the aforestated amount (P41,585.25) which
the above listed pesadas show as payment for mais or corn delivered by
the defendant to the plaintiff cannot be claimed by the defendant to
have been applied also as payment to his loan with the plaintiff because
he does not testify on such fact. He even stressed during his testimony that it
was the proceeds from the copras that he delivered to the plaintiff which
will be applied as payments to his loan. x x x Thus, equity dictates that the
total amount of P41,585.25 which corresponds to the payment for
“mais” (corn) delivered by the plaintiff shall be deducted from the total
amount of P420,537.68 which according to the defendant based on the
pesadas (Exhibits “3” to “64”) that he presented as evidence, is the total
amount of the payment that he made for his loan to the plaintiff. x x x
x x x    x x x    x x x
Clearly from the foregoing, since the total amount of defendant’s loan to
the plaintiff is P420,000.00 and the evidence on record shows that the
actual amount of payment made by the defendant from the proceeds of
the copras he delivered to the plaintiff is P378,952.43, the defendant is

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still indebted to the plaintiff in the amount of P41,047.53 (sic)

(P420,000.00-P378,952.43).”25 (Emphasis supplied)

In affirming this finding of fact by the trial court, the CA cited

the above-quoted portion of the RTC’s Decision and stated the
following:

“In fact, as borne by the records on hand, herein defendant-appellee

Guillermo was able to describe and spell out the contents of Exhs. “3” to
“64” which were then prepared by Elena Tan Shuy or sometimes by witness
Vicente Tan. Herein defendant-appellee Guil-

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25 RTC Decision, pp. 16-18; Rollo, pp. 60-62.

617

VOL. 665, FEBRUARY 8, 2012 617

Tan Shuy vs. Maulawin

lermo professed that since the release of the subject loan was subject to the
condition that he shall sell his copras to the plaintiff-appellant, the former
did not already receive any money for the copras he delivered to the latter
starting April 1998 to April 1999. Hence, this Court can only express its
approval to the apt observation of the trial court on this matter[.]
x x x    x x x    x x x
Notwithstanding the above, however, this Court fully agrees with the
pronouncement of the trial court that not all amounts indicated in
Exhs. “3” to “64” should be applied as payments to the subject loan
since several of which clearly indicated “mais” deliveries on the part of
defendant-appellee Guillermo instead of “copras”[.]”26 (Emphasis
supplied)

The subsequent arrangement between Tan Shuy and Guillermo

can thus be considered as one in the nature of dation in payment.
There was partial payment every time Guillermo delivered copra to
petitioner, chose not to collect the net proceeds of his copra
deliveries, and instead applied the collectible as installment
payments for his loan from Tan Shuy. We therefore uphold the
findings of the trial court, as affirmed by the CA, that the net
proceeds from Guillermo’s copra deliveries amounted to
P378,952.43. With this partial payment, respondent remains liable
for the balance totaling P41,047.57.27
WHEREFORE the Petition is DENIED. The 31 July 2009
Decision and 13 November 2009 Resolution of the Court of Appeals
in CA-G.R. CV No. 90070 are hereby AFFIRMED.
SO ORDERED.

Carpio (Chairperson), Brion, Perez and Reyes, JJ., concur.

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7/26/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 665

Petition denied, judgment and resolution affirmed.

_______________
26 CA Decision, pp. 11-13; Rollo, pp. 27-29.
27 RTC Decision, p. 18; Rollo, p. 62; CA Decision, p. 14, Rollo, p. 30.

618

618 SUPREME COURT REPORTS ANNOTATED

Tan Shuy vs. Maulawin

Notes.—Documents acknowledged before notaries public are

public documents and public documents are admissible in evidence
without necessity of preliminary proof as to their authenticity and
due execution. (Miguel J. Ossorio Pension Foundation,
Incorporated vs. Court of Appeals, 621 SCRA 606 [2010])
In case of doubt as to whether a transaction is one of pledge
or dacion en pago, the presumption is that it is a pledge as this
involves a lesser transmission of rights and interests. (Union Bank of
the Philippines vs. Juniat, 655 SCRA 19 [2011]).

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