Article 1311 - Article 1311 Republic of the Philippines...

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Article 1311 Republic of the Philippines Supreme Court Manila SECOND DIVISION HEIRS OF MARIO PACRES, namely: VALENTINA Vda. DE PACRES, JOSERINO, ELENA, LEOVIGILDO, LELISA, and LOURDES all surnamed PACRES, and VEARANDA Vda. DE ABABA, G.R. No. 174719 Present: Petitioners , CARPIO, J., Chairperson, BRION, - versus - DEL CASTILLO, ABAD, and PEREZ, JJ. HEIRS of CECILIA YGOA, namely BAUDILLO YGOA YAP, MARIA YAP DETUYA, JOSEFINA YAP, EGYPTIANA YAP BANZON, and VICENTE YAP [1] and HILARIO RAMIREZ, Promulgated: Respondents. May 5, 2010 x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x D E C I S I O N DEL CASTILLO, J.:
While contracts are generally obligatory in whatever form they may have been entered into, it remains imperative for a party that seeks the performance thereof to prove the existence and the terms of the contract by a preponderance of evidence. Bare assertions are not the quantum of proof contemplated by law. This Petition for Review [2] assails the Decision [3] dated October 28, 2005 of the Court of Appeals (CA), as well as its Resolution [4] datedAugust 31, 2006. The dispositive portion of the assailed Decision reads: WHEREFORE, with the foregoing, the Decision of the Regional Trial Court, 7 th Judicial Region, Branch 13, Cebu City dated March 15, 2000 in Civil Case No. 18819 for Specific Performance, Damages and Attorneys Fees is hereby SET ASIDE and a new one entered DISMISSING said case for failure to establish the causes of action with the required quantum of proof. No pronouncement as to cost. SO ORDERED. [5] Factual Antecedents Lot No. 9 is a 1,007 square meter parcel of land located at Kinasang-an, Pardo, Cebu City and fronting the Cebu provincial highway. The lot originally belonged to Pastor Pacres (Pastor) who left it intestate to his heirs [6] Margarita, Simplicia, Rodrigo, Francisco, Mario (petitioners predecessor-in-interest) and Vearanda (herein petitioner). Petitioners admitted that at the time of Pastors death in 1962, his heirs were already occupying definite portions of Lot No. 9. The front portion along the provincial highway was occupied by the co-owned Pacres ancestral home, [7] and beside it stood Rodrigos hut (also fronting the provincial highway). Marios house stood at the back of the ancestral house. [8] This is how the property stood in 1968, as confirmed by petitioner Valentinas testimony.
On the same year, the heirs leased [9] the ground floor of the [ancestral home] together with a lot area of 300 square meters including the area occupied by the house to respondent Hilario Ramirez (Ramirez), who immediately took possession thereof. Subsequently in 1974, four of the Pacres siblings [10] (namely, Rodrigo, Francisco, Simplicia and Margarita) sold their shares in the ancestral home and the lot on which it stood to Ramirez. The deeds of sale described the subjects thereof as part and portion of the 300 square meters actually in possession and enjoyment by vendee and her spouse, Hilario Ramirez, by virtue of a contract of lease in their favor. [11] The Deed of Sale of Right in a House executed by Rodrigo and Francisco was more detailed, to wit: x x x do hereby sell, cede, transfer and convey, forever and in absolute manner, our shares

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