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Ramon Ramos vs Heirs Of Honorio Ramos Sr., et al

RAMON RAMOS, petitioner, vs. HEIRS OF HONORIO RAMOS SR.; namely, PUREZA N. RAMOS, HONORIO RAMOS JR. and GWENDOLYN RAMOS-GARCIA, respondents.

G.R. No. 140848 | 2002-04-25

D E C I S I O N

PANGANIBAN, J.:

The burden of proving the alleged simulation of a contract falls on those who impugn its regularity and validity. A failure to discharge this duty will result in the upholding of the contract. The primary consideration in determining whether a contract is simulated is the intention of the parties as manifested by the express terms of the agreement itself, as well as the contemporaneous and subsequent actions of the parties. The most striking index of simulation is not the filial relationship between the purported seller and buyer, but the complete absence of any attempt in any manner on the part of the...