This case has been cited 2 times or more.
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2016-02-03 |
BRION, J. |
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| A void or inexistent contract has no force and effect from the very beginning.[47] This rule applies to contracts that are declared void by positive provision of law, as in the case of a sale of conjugal property without the other spouse's written consent.[48] A void contract is equivalent to nothing and is absolutely wanting in civil effects.[49] It cannot be validated either by ratification or prescription.[50] When, however, any of the terms of a void contract have been performed, an action to declare its inexistence is necessary to allow restitution of what has been given under it.[51] | |||||
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2011-10-19 |
PERALTA, J. |
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| evidentiary weight conferred upon them with respect to their due execution[27] and enjoy the presumption of regularity which may only be rebutted by evidence so clear, strong and convincing as to exclude all controversy as to falsity.[28] The presumptions that attach to notarized documents can be affirmed only so long as it is beyond dispute that the notarization was regular.[29] A defective notarization will strip the document of its public character and reduce it to a private instrument.[30] Consequently, when there is a defect in the notarization of a document, the clear and convincing evidentiary standard normally attached to a duly-notarized document is dispensed with, and the measure to test the validity of such document is preponderance of evidence.[31] | |||||