This case has been cited 1 times or more.
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2012-02-15 |
DEL CASTILLO, J. |
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| Respondent does not dispute the fact that the old house was originally owned by petitioners. She, however, claims to have obtained her title over the same from petitioners through a sale sometime in 1994 and 1995. To substantiate this, respondent presented her testimony regarding the alleged sale transaction, her husband's SALN for the year 1996 allegedly prepared by Mary and which declared the old house as Nestor's property, and the testimonies of two former tenants that they paid their rentals to the Wooden spouses. Quite notably though respondent has not presented the alleged private document or any document evidencing the supposed sale. And while she insists that Mary took the receipt the supposed single and crucial proof of sale her assertions are mere accusations. Aside from her testimony, respondent presented no proof to corroborate her claim that, indeed, such document exists and that Mary took the same. The rule is well-settled that he who alleges a fact has the burden of proving it[44] and a mere allegation is not evidence. Also, with Mary's outright denial of the sale coupled with the lack of documentary evidence to prove such payment, it behooves upon respondent to prove her case and convince the court that what she claims are true. However, respondent was unable to do this. Borrowing the words of the trial court, "instead of establishing that there was indeed a sale, plaintiff wanted to prove her case by a receipt when it should be the receipt that should further corroborate the existence of the sale."[45] | |||||