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HEIRS OF WILLIAM SEVILLA v. LEOPOLDO SEVILLA

This case has been cited 1 times or more.

2012-01-30
LEONARDO-DE CASTRO, J.
"[T]he general rule is that he who alleges fraud or mistake in a transaction must substantiate his allegation as the presumption is that a person takes ordinary care for his concerns and that private dealings have been entered into fairly and regularly."[31]  One who alleges defect or lack of valid consent to a contract by reason of fraud or undue influence must establish by full, clear and convincing evidence such specific acts that vitiated a party's consent, otherwise, the latter's presumed consent to the contract prevails.[32]