VII.

PROBABLE EVIDENCE OF ADVERSE PARTY

Evidence to be presented by the defendant.
Probable Witnesses
1. Pastor/Bishop Gregorio Greg testimony as to the Kasunduan
sa Pagbibili ng Solar, his alleged authority to ONLY receive payments
therefor, his lack of authority to transact on matters relative to the
estate of his deceased mother Visitacion Serrano because he was
not authorized by the latters other heirs; his siblings, and his lack of
authority/right to novate the first agreement or the Kasunduan.
2. Visitacions other heirs/ Pastor Gregs Siblings to support
Pastor Gregs statement that they have not authorized him to sell or
transact in any manner with regard to this part of their deceased
mothers estate and the subject lot of this case.
Documentary Evidence
1. Copy of Transfer Certificate of Title No. T-276421 The
certificate of title for part of a property located at Camaysa,
Tayabas, Quezon covering an area of 5, 256 square meters
registered in the name of VISITACION SERRANO, subject lot of the
present case.
2. Copy of the Kasunduan sa Pagbibili ng Solar The original
agreement or Contract to Sell entered into by the parties.
3. Copy of the Note of Authorization Authorization by the signed
vendor; Visitacion at the bottom of the Kasunduan stating that
Gregorio was authorized ONLY to receive payment from the
Vendees; Spouses Lilia and Rufino.
4. Copy of Transfer Certificate of Title No. T-315069 The
certificate showing that the mother title TCT No. T-276421 was
subdivided and that portion consisting of 2,085 sq. m. apportioned
in the Kasunduan was segregated but still under Visitacions
name.
5. Death Certificate Vendor; Visitacion Serranos death certificate.
6. Answer to the Final Demand Letter The defendants answer to
the final demand letter made by the plaintiff stating that her action
for claiming what she has paid with interest has prescribed.

VIII. LAW AND JURISPRUDENCE

Provisions of the Civil Code on:
The Law on Obligations
Art. 1159. Obligations arising from contracts have the force of law between
the contracting parties and should be complied with in good faith.
Art. 1169. Those obliged to deliver or to do something incur in delay from
the time the obligee judicially or extrajudicially demands from them the
fulfillment of their obligation.
X x x.
Art. 1170. Those who in the performance of their obligations are guilty of
fraud, negligence, or delay, and those who in any manner contravene the
tenor thereof, are liable for damages.
Art. 1291. Obligations may be modified by:
(1) Changing their object or principal conditions;
(2) Substituting the person of the debtor;
(3) Subrogating a third person in the rights of the creditor. (emphasis
mine)

Art. 1292. In order that an obligation may be extinguished by another which

substitute the same, it is imperative that it be so declared in unequivocal
terms, or that the old and the new obligations be on every point
incompatible with each other. (emphasis mine)

The old agreement Kasunduan was superseded by the Final Agreement

between the parties; Greg and Lilia. The old and new obligations embodied in
the prior and latter agreements have different principal conditions and the
obligations of the parties are on every point incompatible with each other.

The Principle of Unjust Enrichment

Art. 22. Every person who through an act of performance by another, or any
other means, acquires or comes into possession of something at the expense
of the latter without just or legal ground, shall return the same to him.
The law proscribes the defendant from benefitting from the payment of Php
243, 498 he received at the expense and to the disadvantage of the
plaintiffs.