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SPS. PEDRO AND PAZ SURTIDA v. RURAL BANK OF MALINAO

This case has been cited 3 times or more.

	GR No. 194846 2013-06-28	ROSAROSO v. SORIA MENDOZA, J.
The fact that the first deed of sale was executed, conveying the subject properties in favor of petitioners, was never contested by the respondents. What they vehemently insist, though, is that the said sale was simulated because the purported sale was made without a valid consideration. Under Section 3, Rule 131 of the Rules of Court, the following are disputable presumptions: (1) private transactions have been fair and regular; (2) the ordinary course of business has been followed; and (3) there was sufficient consideration for a contract.[29] These presumptions operate against an adversary who has not introduced proof to rebut them. They create the necessity of presenting evidence to rebut the prima facie case they created, and which, if no proof to the contrary is presented and offered, will prevail. The burden of proof remains where it is but, by the presumption, the one who has that burden is relieved for the time being from introducing evidence in support of the averment, because the presumption stands in the place of evidence unless rebutted.[30]
	GR No. 180705 2012-11-27	EDUARDO M. COJUANGCO v. REPUBLIC VELASCO JR., J.
The Court had the occasion to explain the reach of the above provision in Surtida v. Rural Bank of Malinao (Albay), Inc.,[44] to wit: Under Section 3, Rule 131 of the Rules of Court, the following are disputable presumptions: (1) private transactions have been fair and regular; (2) the ordinary course of business has been followed; and (3) there was sufficient consideration for a contract. A presumption may operate against an adversary who has not introduced proof to rebut it. The effect of a legal presumption upon a burden of proof is to create the necessity of presenting evidence to meet the legal presumption or the prima facie case created thereby, and which if no proof to the contrary is presented and offered, will prevail. The burden of proof remains where it is, but by the presumption, the one who has that burden is relieved for the time being from introducing evidence in support of the averment, because the presumption stands in the place of evidence unless rebutted.
	GR No. 171736 2010-07-05	PENTACAPITAL INVESTMENT CORPORATION v. MAKILITO B. MAHINAY NACHURA, J.
Under Article 1354 of the Civil Code, it is presumed that consideration exists and is lawful unless the debtor proves the contrary.[38] Moreover, under Section 3, Rule 131 of the Rules of Court, the following are disputable presumptions: (1) private transactions have been fair and regular; (2) the ordinary course of business has been followed; and (3) there was sufficient consideration for a contract.[39] A presumption may operate against an adversary who has not introduced proof to rebut it. The effect of a legal presumption upon a burden of proof is to create the necessity of presenting evidence to meet the legal presumption or the prima facie case created thereby, and which, if no proof to the contrary is presented and offered, will prevail. The burden of proof remains where it is, but by the presumption, the one who has that burden is relieved for the time being from introducing evidence in support of the averment, because the presumption stands in the place of evidence unless rebutted.[40]