Here’s my first case. Pls. Note: I'm just extracting the EVIDENCE aspect of this case.
Click the image. Its JPEG sorry. I
want to keep my hard earned text for my self if you know what I mean. And if you do then were
kindred spirits. You could right-click-save & print the photo though. Please note, the
red scribbled annotations are just my emergency penmanship. I doubt if you
could read it. But do make use of the typed written word. You might find it helpful in your case digestion. The side notes are
for my recitation purposes only. Don’t worry, I have a wonderful penmanship.
Speaking of the case. Oh this is such a bad case of litigation
strategy on the part of the respondent’s counsel. He questioned the validity of
the other party’s witness’ testimony and yet he readily jumped in to join the
game. The result of course was bad and
carried adverse effect that cause the weakening of his defense, the Supreme
Court took notice of his two edged action and deemed it as a waiver of the
right he invoked earlier. 
This is just a simple case of proving a genuineness of an
executed negotiable instrument that’s been dated so way back. The transaction
was uncomplicated. Person ‘A’ asked a loan from person ‘B’ executing
a Promissory Note to pay the whole amount within 90 days. Person ‘B’ obliged. Hence,
the loan contract was executed.
Like most credit story goes, the PN’s maturity prescribed
without debtor paying any single amount.
Creditor dies in a year or two. Debtor unexpectedly dies
intestate after many years passed as well. (Whut the hell?) Leaving the note unpaid. Of course
deceased estate needed court probation and so a special judicial proceeding for partition was
executed and an administrator was assigned.
Here comes the controversy. The widow and two sons of the
deceased creditor files a pleading before the same court reclaiming attaching
the payment of the forgotten PN on the deceased debtor’s estate.
Of course administrator to the deceased debtor’s estate
wouldn't just take it lying down, she hired a lawyer to contest the genuineness
of the promissory note, and if proved genuine, invoke the prescription rule.
Problem
is, the lawyer she hired seemed to have rushed everything, to the point of not
reconsidering stepping back a little bit in his litigation defense assailing
the admissibility of the widow’s testimony as witness based on a provision of
the Rules of Court. Little did they know
she held the key to the genuineness of a thing between two dead people. She was at her husband’s side and stood there as signatory witness to the signing of that promissory note.
Supreme Court ruled stating the genuineness of the PN is established. Second, she was the best witness
to the truthfulness of the negotiated instrument. And why is that? Co'z she was there at the very birth of the instrument witnessing everything that had transpired, her signature attests it, she signed
her name to support her husband’s future claim. (She was always there for her husband. As what usually honorable wives do.. well of course I subjectively just added that)
The widow wins this case.
