This case has been cited 1 times or more.
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2015-03-23 |
DEL CASTILLO, J. |
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| Nonetheless, if Banguis felt that she had to go so far as to demonstrate that she is the true owner of the subject property in order to convince the trial court that there is no need to cancel TCT T-145321, then she was not precluded from presenting evidence to such effect. Understandably, with the quality of Wenifreda's documentary and other evidence, Banguis may have felt obliged to prove that beyond the certificate of title, she actually owned the property. Unfortunately for her, this Court is not convinced of her claimed ownership; the view taken by the CA must be adopted that she and Adriano could not have been co-owners of the subject property as she failed to present sufficient proof that she contributed to the purchase of the subject property, while the deed of sale covering the subject property showed that Adriano alone was the vendee. This Court is not a trier of facts, so it must rely on the findings of facts of the Court of Appeals, which are thus considered conclusive and binding.[49] Moreover, the Court notes that while Banguis claims that she alone paid for the property using her own funds and money borrowed from her sister, she nonetheless acknowledges that Adriano is a co-owner thereof, thus implying that he contributed to its acquisition. Such contradictory statements cast serious doubts on her claim; basically, if she were the sole purchaser of the property, it would only be logical and natural for her to require that her name be placed on the deed of sale as the vendee, and not as mere witness which is what actually occurred in this case. On the other hand, if Adriano contributed to its purchase, Banguis would have required that her name be placed on the deed as a co-vendee just the same. Her failure to explain why despite her claims that she is the purchaser of the property she allowed Adriano to be denominated as the sole vendee, renders her claim of ownership doubtful. "Where a party has the means in his power of rebutting and explaining the evidence adduced against him, if it does not tend to the truth, the omission to do so furnishes a strong inference against him."[50] One cannot also ignore the principle that "the rules of evidence in the main are based on experience, logic, and common sense."[51] | |||||