Section 1, Rule 131 of the Rules of Court
provides that “burden of proof is the duty of a party to present evidence on the facts
in issue necessary to establish his claim or defense by the amount of evidence
required by law.” It is then up for the plaintiff to establish his
cause of action or the defendant to establish his defense. Therefore, if the
plaintiff alleged in his complaint that he was damaged because of the negligent
acts of the defendant, he has the burden of proving such negligence. It is even
presumed that a person takes ordinary care of his concerns. The quantum of
proof required is preponderance of evidence. (Dr. Genevieve L. Huang vs. Philippine Hoteliers, Inc., G.R. No.
180440, December 5, 2012, Perez, J.)
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