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Francisco Lim vs. Equitable PCI Bank (EPCIB) now known as Banco De Oro Unibank, Inc.

FRANCISCO LIM, Petitioner, vs. EQUITABLE PCI BANK, now known as the BANCO DE ORO UNIBANK, INC., * Respondent.

G.R. No. 183918 | 2014-01-15

SECOND DIVISION
 
DECISION
 
DEL CASTILLO, J.:
 
The basic rule is that he who alleges must prove his case.
 
This Petition for Review on Certiorari1 under Rule 45 of the Rules of Court assails the July 30, 2008 Decision2 of the Court of Appeals (CA) in CAG. R. CV No. 85139.
 
Factual Antecedents
 
On November 17, 1988, petitioner Francisco Lim (petitioner) executed an Irrevocable Special Power of Attorney3 in favor of his brother, Franco Lim (Franco), authorizing the latter to mortgage his share in the property covered by Transfer Certificate of Title (TCT) No. 57176,4 which they co-owned.5
 
On February 9, 1989,...