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Question
Facts: Pamela sues Daniel for the sale of a 1,000-square-meter lot and for delivery of title and possession. Plaintiff offers: (i) a notarized deed of sale dated February 20, 2024, signed by both parties; (ii) two witnesses who testify that Daniel handed over possession on the date of the sale; (iii) a tax declaration in Pamela's name and a copy of the Transfer Certificate of Title reflecting the sale. Defendant denies signing the deed and asserts that the sale never occurred; he testifies that the deed is forged and that the lot remains in his possession. No other receipts or documents exist. (a)Identify the doctrine of positive and negative evidence as it applies to proving the existence of the sale and delivery of title. (b)Distinguish positive evidence from negative evidence and explain how each is weighed when the burden of proof rests on the plaintiff. (c)Apply to the facts: Has plaintiff proven sale and delivery by a preponderance of evidence? How should the court treat the defendant's negative evidence about non-delivery in light of the plaintiff's positive evidence?