This case has been cited 1 times or more.
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2015-06-22 |
VELASCO JR., J. |
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| In demanding payment of a deficiency in an extrajudicial foreclosure of mortgage, proving that there is indeed one and what its exact amount is, is naturally a precondition thereto. The same goes with a claim for reimbursement of foreclosure expenses, as here. In this regard, it is elementary that the burden to prove a claim rests on the party asserting such. Ei incumbit probatio qui dicit, non qui negat. He who asserts, not he who denies, must prove.[68] For having failed to adequately substantiate its claims, We cannot sustain the finding of the trial court that respondents are liable for the claimed deficiency, inclusive of foreclosure expenses. Neither can We sustain the CA's finding that respondents are entitled to the recovery of the alleged excess payment. | |||||