Sunday, March 5, 2017

nder the Dead Man's Statute Rule, "if one party to the alleged transaction is precluded from testifying by death, insanity, or other mental disabilities, the other party is not entitled to the undue advantage of giving his own uncontradicted and unexplained account of the transaction."1 Thus, the alleged admission of the deceased Pedro Caparas (Pedro) that he entered into a sharing of leasehold rights with the petitioners cannot be used as evidence against the herein respondent as the latter would be unable to contradict or disprove the same.


SECOND DIVISION
G.R. No. 180843               April 17, 2013
APOLONIO GARCIA, in substitution of his deceased mother, Modesta Garcia, and CRISTINA SALAMAT, Petitioners,
vs.
DOMINGA ROBLES VDA. DE CAPARAS, Respondent.

No comments:

Post a Comment