Sofia Tabuada v. Eleanor Tabuada

Summary

Sofia Tabuada and her daughters filed suit to nullify a real estate mortgage fraudulently executed by Eleanor Tabuada in 1994, who impersonated the deceased property owner Loreta Tabuada (who died in 1990). The RTC declared the mortgage null and void and awarded damages. The Court of Appeals reversed, finding insufficient proof of petitioners' legal relationship to the deceased. The Supreme Court reinstated the RTC decision, holding that preponderance of evidence established the legal relationship through testimonial evidence and actual possession. The mortgage was declared invalid under Article 2085 of the Civil Code as Eleanor Tabuada lacked authority to mortgage the property. However, the Court deleted the moral damages award for "disrespect to the dead" as Article 309 applies only to acts during mourning or funeral periods. The case establishes that competent proof of legal relationships is not limited to documentary evidence and that mortgagees must exercise due diligence when dealing with real property.