*
G.R. No. 169129. March 28, 2007.
_______________
* THIRD DIVISION.
409
410
411
412
413
CHICO-NAZARIO, J.:
Before this Court is a Petition for Review on Certiorari
under Rule 45 of the 1997 Revised Rules of Civil Procedure
1
seeking to2 annul and set aside the Decision and
Resolution of the Court of Appeals in CA-G.R. CV No.
60450 entitled, Spouses Jose Lumbao and Proserfina
Lumbao v. Spouses Virgilio F. Santos and Esperanza Lati,
Spouses Victorino F. Santos and Lagrimas F. Santos,
Ernesto F. Santos and Tadeo F. Santos, dated 8 June 2005
and 29 July 2005, respectively, which granted the appeal
filed by herein respondents Spouses Jose
_______________
414
_______________
415
_______________
416
_______________
9 Id., at pp. 66-72.
10 A decree, Establishing a System of Amicably Settling Disputes at
the Barangay Level.
417
11 Rollo, p. 114.
12 Id., at p. 61.
418
419
420
_______________
421
_______________
422
_______________
423
_______________
424
ATTY. CHIU:
Q. Now, you said, Mr. Witness . . . Virgilio Santos, that
you dont know about this document which was
marked as Exhibit A for the [respondents spouses
Lumbao]?
ATTY. BUGARING:
The question is misleading, your Honor. Counsel
premised the question that he does not have any
knowledge but not that he does not know.
ATTY. CHIU:
Q. Being. . . you are one of the witnesses of this
document? [I]s it not?
_______________
425
WITNESS:
A. No, sir.
Q. I am showing to you this document, there is a
signature at the left hand margin of this document
Virgilio Santos, will you please go over the same and
tell the court whose signature is this?
A. I dont remember, sir, because of the length of time
that had passed.
Q. But that is your signature?
A. I dont have eyeglasses . . . My signature is different.
Q. You never appeared before this notary public
Apolinario Mangahas?
20
A. I dont remember.
426
_______________
427
_______________
28 Barcenas v. Tomas, G.R. No. 150321, 31 March 2005, 454 SCRA 593,
610-611.
428
_______________
29 Heirs of the Late Spouses Aurelio and Esperanza Balite v. Lim, G.R.
No. 152168, 10 December 2004, 446 SCRA 56, 71.
429
VOL. 519, MARCH 28, 2007 429
Santos vs. Lumbao
_______________
430
_______________
431
_______________
(1) x x x
(2) When the defendants act or omission has compelled the plaintiff
to litigate with third persons or to incur expenses to protect his
interest;
(3) x x x
432
o0o