Flashcards Studio

In a sale of a parcel of land in Davao City, a deed of sale is executed by a vendor named "David Lim" and is notarized before a public notary. There is no birth certificate for David, no government-issued identification under that name, and there is no civil registry entry for that name. David’s siblings allege that David does not exist. The purchaser, "Rose Tan," seeks to register the title in her name based on the deed. Apply the Presumption of Existence to determine (i) whether the presumption attaches to David’s signature, (ii) who bears the burden of proving existence, and (iii) if David does not exist, what is the consequence for the validity of the deed and for Rose’s title.