This case has been cited 1 times or more.
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2015-11-10 |
PEREZ, J. |
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| Third, Valley Golf, as the party asserting receipt of notice bears the burden of proof to prove notice. When the service of notice is an issue, the rule is that the person alleging that the notice was served must prove the fact of service.[23] The burden of proving notice rests upon the party asserting its existence.[24] Failure to discharge this evidentiary burden would necessarily mean that the notice of delinquency was not duly received by the shareholder. While it assiduously claims that Reyes was served a notice of delinquency, the golf club, however, miserably failed to meet the standard set by law to prove receipt of notice. To be sure, the mere presentation of the registry return card with an unauthenticated signature, without more, does not satisfy the required proof. The law mandates that there is a need to present both the registry receipt issued by the mailing office and the affidavit of the person mailing.[25] | |||||