Thursday, April 24, 2014

BURDEN OF PROOF IN CIVIL CASES:

     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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