Borromeo v. Sun G.R. No.

75908 October 22, 1999

Purisima, J:

Facts:
Private respondent Amancio Sun brought before CFI of Rizal an action against Lourdes
O. Borromeo (in her capacity as corporate secretary) and Federico O. Borromeo to compel the
transfer to his name in the books of Federico O Borromeo Inc the 23,223 shares of stock
registered in the name of Federico O. Borromeo, as evidenced by a Deed of Assignment. On the
other hand, petitioner Federico O. Borromeo disclaimed any participation on the said Deed of
Assignment and that his signature was forged.
At first the trial court decided that the signature was not forged due to the two expert
witnesses and affirmed that it was the signature of Federico O. Borromeo even if he changed the
signature in the latter years. On the appeal of the petitioner, CA reversed the decision of the trial
court. Upon the motion of reconsideration, Amarnio Sun contended that the expert witness
named Segundo Tabayoyong is not an expert witness because he did not finished the degree of
criminology, his civil service eligibility is only a second grade, that he was never an author of
any book, and he is not a member of any professional organization.
Both parties agreed to submit the specimen signature to the Philippine Constabulary
Crime Laboratory. It was found out that the specimen is written by one and the same person.

Issue:
1. Whether or not the signature of petitioner Federico Borromeo is forged?
2. Whether or not the blank deed of assignment which was signed by the petitioner is
negotiable?
3. Whether or not the petitioners were not given an opportunity to cross-examine the report
of Philippine Constabulary?
Held:
1. No, the signature of petitioner Federico Borromeo is not forged?
2. Yes, the blank deed of assignment which was signed by the petitioner is negotiable.
3. Yes, the petitioner was given an opportunity to cross-examine the report of Philippine
Constabulary.

Ratio:
1. Well-settled is the rule that "factual findings of the Court of Appeals are conclusive
on the parties and not reviewable by the Supreme Court and they carry even more
weight when the Court of Appeals affirms the factual findings of the trial court."
Even to the naked eye the questioned signature affixed to the Deed of
Assignment, dated January 16, 1974, is strikingly similar to the 1950 to 1954 standard
signature of Federico O. Borromeo, such that if a comparison thereof was made by Mr.
Tabayoyong, he would have found the questioned signature genuine.
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, however the respondent
expert witness named Col. Jose Fernander found the said signatures similar to each other
after subjecting the same to stereomicroscopic examination
2. Pertinent records reveal that the subject Deed of Assignment is embodied in a 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.
3. The Court finds merit in the contention of petitioners, that they did not actually waive
their right to cross-examine on any aspect of subject Report of the Philippine
Constabulary Crime Laboratory, the Court discerns no proper basis for deviating from
the findings of the Court of Appeals on the matter. It is worthy to stress that courts
may place whatever weight due on the testimony of an expert witness. Conformably,
in giving credence and probative value to the said "Report" of the Philippine
Constabulary Crime Laboratory, corroborating the findings of the trial Court, the
Court of Appeals merely exercised its discretion.