Practice question
An adult signs a notarized deed. The challenger offers competent contemporaneous evidence sufficient to establish inability to understand the transaction, and the court so finds. The beneficiary says the presumption of capacity and notarization make that finding legally impossible. Which is correct?
- Presumptions do not bar consideration of sufficient contrary evidence
- Notarization makes incapacity factually impossible
- The court must ignore all execution-time evidence
- Every notarized contract is valid despite any proven incapacity
- Capacity is decided solely by the ink color
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1328,1330 and1332.
- Alamayri v Pabale GR151243 April30,2008 MAIN: https://lawphil.net/judjuris/juri2008/apr2008/gr_151243_2008.html MAIN burden, distinct guardianship and contract-capacity inquiries.
- Almeda v Heirs of Almeda GR194189 September14,2017 MAIN: https://lawphil.net/judjuris/juri2017/sep2017/gr_194189_2017.html
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