Example: The burden of proof is on the party alleging

mistake or fraud.I want you to refer to Example A in No. 8

above.

-In that case, B filed an action for annulment of the contract of

sale on the ground of mistake because the pig that he
bought was already barren and not fertile as what the seller S
stated.

-In court, B will be the one to prove the female pig is no longer
fertile.

-It will not be the duty of S to prove that the pig is still
fertile.

-If B does not prove the fact of mistake, even if S does not prove
anything, the action for annulment will be denied and B will
be bound by his contract of sale with S.
Example: The burden of proof is not on the party alleging mistake or fraud
but on the party enforcing the contract when one of the parties is
illiterate, or is in a language not understood by him.

-S owner of 2-ha farmland planted w/ 1,000 lanzones tress.

-The land makes P2M annual income on its harvest.
-S was unschooled and did not know how to read or write.
-On February 1, S need money for schooling of his 3 children so he
sold the land to B for P3M.
-The parties signed a “Deed of Sale” which transferred ownership of
the farmland to B.
-B explained the contents of the deed to S before S signed the
document.
-There were two witnesses who were there when the document was
signed.

-After the children of S learned about the sale, they filed an action for annulment of
the contract of sale on the ground of fraud.
-The children claim that the land of their father was worth P5M and it was sold for only
P3M because B employed fraud on their father.
-In this action for annulment, since S was illiterate, the burden of proof to prove
fraud is not upon the children. It is B, who seeks to enforce the contract of sale and
who does not want the contract of sale annulled, who must prove that he did not exercise
fraud to compel S to sell the farmland to him. It is B who must prove that he had fully
explained to S the stipulations, terms and conditions of the “Deed of Sale” that S
signed. If S is not able to prove this, even if the children do not prove their
allegations of fraud, the contract of sale will be annulled.