This case has been cited 2 times or more.
|
2004-09-09 |
YNARES-SANTIAGO, J. |
||||
| While it is true that upon the death of her husband, Dr. Antonio T. Lim, Sr., on May 18, 1990,[21] Paz S. Lim returned to the Philippines and subsequently stayed at the house of the respondent, such fact per se is not sufficient to establish that the latter employed intimidation, violence or undue influence upon the former. Defect or lack of valid consent, in order to make the contract voidable, must be established by full, clear and convincing evidence, and not merely by a preponderance thereof.[22] Petitioner's mere allegations that respondent threatened his mother with harm if she will not sign the contract failed to measure up to the yardstick of evidence required, not only to prove vitiation of consent, but also to overturn the presumption that private transactions have been fair and regular.[23] | |||||