DELA CRUZ VS SISON

EPIFANIA DELA CRUZ, substituted by LAUREANA V. ALBERTO vs. SPS. EDUARDO C. SISON and EUFEMIA S. SISON
G.R. No. 163770             February 17, 2005

Facts:
                Epifania claimed that sometime in 1992, she discovered that her rice land in Salomague Sur, Bugallon, Pangasinan, has been transferred and registered in the name of her nephew, Eduardo C. Sison, without her knowledge and consent, purportedly on the strength of a Deed of Sale she executed on November 24, 1989.
Epifania thus filed a complaint before the Regional Trial Court of Lingayen, Pangasinan, to declare the deed of sale null and void. She alleged that Eduardo tricked her into signing the Deed of Sale, by inserting the deed among the documents she signed pertaining to the transfer of her residential land, house and camarin, in favor of Demetrio, her foster child and the brother of Eduardo.
Respondents, spouses Eduardo and Eufemia Sison (Spouses Sison), denied that they employed fraud or trickery in the execution of the Deed of Sale. They claimed that they purchased the property from Epifania for P20,000.00. They averred that Epifania could not have been deceived into signing the Deed of Absolute Sale because it was duly notarized before Notary Public Maximo V. Cuesta, Jr.; and they have complied with all requisites for its registration, as evidenced by the Investigation Report by the Department of Agrarian Reform (DAR), Affidavit of Seller/Transferor, Affidavit of Buyer/Transferee, Certification issued by the Provincial Agrarian Reform Officer (PARO), Letter for the Secretary of Agrarian Reform, Certificate Authorizing Payment of Capital Gains Tax, and the payment of the registration fees. Some of these documents even bore the signature of Epifania, proof that she agreed to the transfer of the property.

Issue:
                Whether or not Article 1332 of the Civil Code apply in the case

Ruling:
                The Supreme Court held that Epifania being 79 years old at the time she signed the questioned deed of sale and unable to read and understand the English language used therein. Petitioner cites Article 1332 of the Civil Code, which states:
ART. 1332. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former.
During her testimony, Epifania insisted that she cannot read, and yet, her avowal is inconsistent with her own complaint where she alleged:
7. She only read the document on top of the other several copies and found the same to be the deed in favor of Demetrio C. Sison and being made to believe by Eduardo C. Sison that the other copies are the same as the deed in favor of Demetrio C. Sison, she signed all the other copies which Eduardo made her sign.

To us, these contradictory statements do not establish the fact that Epifania was unable to read and understand the English language. There being no evidence adduced to support her bare allegations, thus, Epifania failed to satisfactorily establish her inability to read and understand the English language. It is well settled that a party who alleges a fact has the burden of proving it.  Consequently, the provisions of Art. 1332 does not apply.

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