This case has been cited 2 times or more.
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2006-10-16 |
CHICO-NAZARIO, J. |
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| After going through the testimonial and documentary evidence presented by both sides to this case, it is this Court's assessment that respondent did indeed have outstanding loans with petitioner Citibank at the time it effected the off-set or compensation on 25 July 1979 (using respondent's savings deposit with petitioner Citibank), 5 September 1979 (using the proceeds of respondent's money market placements with petitioner FNCB Finance) and 26 October 1979 (using respondent's dollar accounts remitted from Citibank-Geneva). The totality of petitioners' evidence as to the existence of the said loans preponderates over respondent's. Preponderant evidence means that, as a whole, the evidence adduced by one side outweighs that of the adverse party.[78] | |||||
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2006-03-31 |
CALLEJO, SR., J. |
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| On September 13, 2002, Judge Renato A. Fuentes issued an Order [12] denying the motion and dismissed her complaint, ruling that respondent was not able to prove her claim. The trial court pointed out that the intervenor failed to appear to testify in court to substantiate her claim. Moreover, no witness was presented to identify the marriage contract as to the existence of an original copy of the document or any public officer who had custody thereof. According to the court, the determinative factor in this case was the good faith of Teresita in contracting the second marriage with the late Jose Alfelor, as she had no knowledge that Jose had been previously married. Thus, the evidence of the intervenor did not satisfy the quantum of proof required to allow the intervention. Citing Sarmiento v. Court of Appeals, [13] the RTC ruled that while Josefina submitted a machine copy of the marriage contract, the lack of its identification and the accompanying testimony on its execution and ceremonial manifestation or formalities required by law could not be equated to proof of its validity and legality. | |||||