Borromeo vs. Sun

Borromeo vs Sun
G.R. No. 75908. October 22, 1999
PURISIMA, J

At bar is a Petition for review on Certiorari under Rule 45 of the Revised Rules of Court seeking to set aside the Resolution of the then Intermediate Appellate Court, which reversed its earlier Decision setting aside the Decision of the former Court of the First Instance of Rizal.

Facts: 

Amancio Sun brought before the then Court of the First Instance of Rizal an action against Lourdes O. Borromeo (in her capacity as corporate secretary), Federico O. Borromeo and Federico O. Borromeo (F.O.B.), Inc., to compel the transfer to his name in the books of F.O.B., Inc., shares of stock registered in the name of Federico O. Borromeo, as evidenced by a Deed of Assignment. Private respondent averred that all the shares of stock of F.O.B. Inc. registered in the name of Federico O. Borromeo belong to him, as the said shares were placed in the name of Federico O. Borromeo 'only to give the latter personality and importance in the business world.' On the other hand, petitioner Federico O. Borromeo disclaimed any participation in the execution of the Deed of Assignment, theorizing that his supposed signature thereon was forged. LL

The lower court of origin came out with a decision declaring the questioned signature on subject Deed of Assignment as the genuine signature of Federico O. Borromeo. After considering the testimonies of the two expert witnesses for the parties and after a careful and judicious study and analysis of the questioned signature as compared to the standard signatures. On appeal by petitioners, the Court of Appeals adjudged as forgery the controverted signature of Federico O. Borromeo. Amancio Sun interposed a motion for reconsideration of the said decision, contending that Segundo Tabayoyong, petitioners' expert witness, is not a credible witness. Acting on the aforesaid motion for reconsideration, the Court of Appeals reconsidered its decision.

Issue: WON the signature of Frederico O. Borromeo in the Deed of Assignments is a genuine signature.

Held:

Pertinent records reveal that the subject Deed of Assignment is embodied in blank form for the assignment of shares with authority to transfer such shares in the books of the corporation. It was clearly intended to be signed in blank to facilitate the assignment of shares from one person to another at any future time. This is similar to Section 14 of the Negotiable Instruments Law where the blanks may be filled up by the holder, the signing in blank being with the assumed authority to do so. Indeed, as the shares were registered in the name of Federico O. Borromeo just to give him personality and standing in the business community, private respondent had to have a counter evidence of ownership of the shares involved. Thus, the execution of the deed of assignment in blank, to be filled up whenever needed. The same explains the discrepancy between the date of the deed of assignment and the date when the signature was affixed thereto.

While it is true that the 1974 standard signature of Federico O. Borromeo is to the naked eye dissimilar to his questioned signature circa 1954-1957, which could have been caused by sheer lapse of time, Col. Jose Fernandez, respondent's expert witness, found the said signatures similar to each other after subjecting the same to stereomicroscopic examination and analysis because the intrinsic and natural characteristic of Federico O. Borromeo's handwriting were present in all the exemplar signatures used by both Segundo Tabayoyong and Col. Jose Fernandez.