Flashcards Studio

(a)Identify the doctrine of Presumption of Existence in the context of capacity to act and explain its scope within Civil Law. (b)Distinguish Presumption of Existence from related presumptions (such as presumption of regularity and presumption of validity) and indicate who bears the burden of proof when existence is challenged. (c)Facts: In a sale of urban land in a metropolitan city, a deed of sale is executed by a party named "Leandro Ramos" and is notarized before a public notary. There is no birth certificate for Leandro, no government-issued identification in that name, and there is no civil registry entry under that name. Leandro’s siblings allege that Leandro does not exist. The purchaser, "Selma Cruz," 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 Leandro’s signature, (ii) who bears the burden of proving existence, and (iii) if Leandro does not exist, what is the consequence for the validity of the deed and for Selma’s title.