Professional Documents
Culture Documents
ANNOTATION
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Preliminary Statement:
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* Law Professor, University of Pangasinan and Consultant and
Professorial Lecturer, UST Graduate School of Law.
767
Kinds of Fraud
768
Effects of Fraud
Cases of Fraud
770
„We are not, however, inclined to toe the line of the trial courtÊs
finding that private respondents are liable for fraud. Fraud is the
deliberate or intentional evasion of the normal fulfillment of an
obligation. The mere failure of private respondents to execute a
deed of sale because they demanded first an accounting of the lots
used as collaterals by petitioner and the amount of loans secured
could not be considered as fraud. Fraud is never presumed. It must
be alleged and proven. Fraus is obiosa et non praesumenda.‰ Fraud
is negated when private respondents had partially performed their
obligation when they executed a deed of sale over lot No. 800 A IB.‰
771
772
CONCLUSION
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