This case has been cited 1 times or more.
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2006-06-30 |
YNARES-SANTIAGO, J. |
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| Accordingly, for a purchaser of a property in the possession of another to be in good faith, he must exercise due diligence, conduct an investigation, and weigh the surrounding facts and circumstances like what any prudent man in a similar situation would do. In Domalanta v. Commission on Elections[8] we noted the use in other jurisdictions of the terms "man of reasonable caution"[9] and "ordinarily prudent and cautious man."[10] These terms, we said, are legally synonymous and their reference is not to a person with training in law such as a prosecutor or a judge but to the average man on the street. It ought to be emphasized that the average man weighs facts and circumstances without resorting to the calibration of our technical rules of evidence of which his knowledge is nil. Rather, he relies on the calculus of common sense of which all reasonable men have an abundance. And, "[b]y law and jurisprudence, a mistake upon a doubtful or difficult question of law may properly be the basis of good faith."[11] | |||||