RULE

131
BURDEN OF
PROOF AND
PRESUMPTIONS
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
RULES:
DEFINITIONS:
2. Burden
1.
1. UPON
Proof WHOM BURDEN
oftheProof/ RiskOFofPROOF
establishment Non-
of a
b. Persuasion:
Civil Cases:
RESTS:
requisite degree of belief in the
a.
1) Criminal
mind
2)thethe
the ofofCases:
the
plaintiff
duty trier
a party
defendant hasThe
has burden
toofpresent
the
the oftoproof
factburden
as
evidence
burden the
of
is
on with
thethe
facts
proof toinprosecution
facts in
issue;
show issue
the
the by reason
necessary
cumulation
truth of of the
to
of
his
if he raises an affirmative
presumption
establish
evidence his of
thatinnocence.
claim or defense
persuades the by the
trier of
allegations
defense on if the defendant
complaint raises
of thea
amount
facts.of evidence required by law.
negative
plaintiff. defense
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
RULES:
3. DEGREE OF PROOF THAT SATISFIES
THE BURDEN OF PROOF
b. CIVIL CASES:
a. CRIMINAL CASES
2) Preliminary
3) Issuance ofInvestigation
warrant of -arrest
Engender a well
- Probable
1) Preponderance of evidence
To sustain conviction- Evidence of guilt
founded
cause.belief
i.e., of the there
that fact ofisthe
a commission
reasonable
beyond reasonable doubt.
of aground
crime. to believe that the accused has
committed an offense.
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
RULES:
4. HIERARCHY
BURDEN OFofEVIDENCE
OF PROOF
Burden BURDEN OF EVIDENCE
Evidence- logical
In both
necessity
Never
a. proof
shifts
beyond civil
and
and
remains
on reasonable
a party doubt
throughout the entire case exactlycriminala
Shifts to one party when the other
during
has

cases, the burden of toevidence

where the pleadings originally produced sufficient evidence to be
particular
b. clear and
placed it time of theevidence
convincing trial create a
entitled to a ruling in his favor
Is connected with the pleadings Has no necessary connection with
prima
lies onfacie
thecase
c. preponderance partyin his
who
of evidence favor or to
asserts
the
pleadings but is determined by
destroy that evidence
created against him by
an affirmative allegation.
d. substantial the
progress of the trial.
presenting evidence.
Is on the party who asserts the Is the going forward with evidence
affirmative of the issue at the and
beginning of the case and passes from party to Party
continues on
him throughout the Case
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
RULES:
5. UPON WHOM BURDEN OF EVIDENCEE
RESTS:
b. CIVIL CASES:
a. CRIMINAL CASES:
The
The plaintif hashasto toprove
prosecution provehisits affirmative
affirmative
allegations
allegations in in thetheinformation
complaintregarding
and the the
allegations
defendantin the
hasinformation
to prove regarding
the the elements
affirmative
of the crime as well as the attendant circumstances;
allegations in his counterclaim and his
while the defense has to prove its affirmative
affirmative defenses.
allegations regarding the existence of justifying or
exempting circumstances, absolutory causes or
mitigating circumstances.
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
RULES:

However,
In criminal OF
6.PRINCIPLE in NEGATIVATING
cases,civil
it iscases, even ifupon
not incumbent the
AVERMENTS:
the prosecution
negative to adduce
allegation is an positive
essential evidence
part of
b. EXCEPTION:
to
the
a. support
causea
GENERAL negative
of action
RULE: averment the truth
or defense, of
such
Where
which is such
fairly negative
indicated allegations
by
negative allegation does not have to be
Negative allegations need not be the are essential
established
proved, whether in
parts of criminal
the cause
circumstances
a civil or andof action
action. which, or ifdefense
untrue, in acould
civil
proved if it is only for the purpose of
case,
readily or are
be essential
disproved ingredients
by the of the offense
production of
denying
in a criminal the
case existence
or defenses of a
thereto.document
documents
which shouldorproperly other be evidence probably
in the custody of
within the defendants
the adverse party. control or possession.
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
PRESUMPTIONS
DEFINITIONS:
b.
a. Classes
Classesofof
2.Inference Presumption
a fact orJuris
Presumption proposition
2)
PRESUMPTIO
1. Presumption an inferenceINFERENCE
as to the existence
1. Conclusive Presumption (jure et dea jure)
Presumption of Facts (Hominis) deduction
one
deducted
1) which
of Presumption
a fact
which cannot
N
not by
actually
reason be draws of Law
known, process
from by
overcome
(Juris)
arising
theevidence
from
facts proved of a
its
to the
usual
deduction connection
which with another
the lawwhich is known.
expressly
reasoning
is
withouta
contrary.conclusion as adirection
of
an express a logicaltoconclusion
is a deduction or
that effect. It
hasrule
directs no or
tolaw
be which
made
significance conclusion
from
as thatof
particular can facts.
from
2. Disputable other facts.
Presumption (juris tantum) one
to the duty one or of
which
shall be made from be drawn from a
the
When other
is proof the party
basiciftofact
satisfactory produce evidence,
is established
uncontradicted, but because
in an
may be
of certain premise established
there
factsis no rule
contradicted and of lawbyattached
overcome theby toinevidence.
other it.
action, the existence of the presumed proofs the
case.
fact must be assumed.
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
RULES:
1.
2.Presumption of InnocencePresumption
Classes of Conclusive and Prima Facie
a.
1. Case:
2. Elements ofof
Elements Estoppel in Pais
Estoppel inasPais
to Party
as Estopped:
to Party
a. Estoppel in Pais: Whenever a party has,
a) The presumption
Conduct
Claiming of innocence
amounting
Estoppel: to is a representation
false rule of substantive or
b)
lawIntent
by hisor at
own
existing of least expectation
declaration,
before anyfacts,
evidence that
act, or the conduct
omission,
is offered and
concealment material or at least calculated
a) shall
Lack beofacted
intentionally upon
knowledge
and by, or atofleast
or
deliberately the influence
led means
another the
of
c) The
accompanyingactionthe or inaction
accused throughout
to convey the impression that the facts are based the thereon
trial down to
theother
to party;
knowledge
believe
moment of and
aof the
particular
his truth
conviction. as
thing
Undertois the
true,
the facts
and
burden in
to
of
of the
otherwise
proof, such than,character
and
prosecution is as to
inconsistent
compelled
with
in change
the
those
first the
which
instance
c)
theKnowledge,
question;
act
partyupon actualbelief,
such
subsequently or constructive,
attemptedhe cannot,
to assert; of the real
in any
position
to facts.
make or facie
out a prima status of the
case proving party
the essential
b) litigation
Reliance
facts embraced inarising
ingood
the out of
faith,
criminal upon such the
transaction declaration,
conduct
alleged. or
claiming
act or omission,the estoppel, to his injury,
statement of the be permitted
party to falsify it.
to be estopped; and
detriment, or prejudice.
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
RULES:
Fora the
3.What
WHEN presumption
tenant
b.Estoppel is estopped
Against thatdenying
PRESUMPTION
from A LETTER
Tenant: OF
is the
DULY
title DIRECTED
EVIDENCE
of his landlord AND at the MAILED of WAS
WILFULLY
time the
The
commencement
RECEIVED tenant
SUPPRESSED IN A ofisREGULAR
not
the permitted
landlord-tenant
WOULD COURSE to
BE ADVERSE OFdeny
relation.
THE
thethetitle
IfMAIL
IFtitle
to ofis his
onelandlord
arise,
PRODUCED itthat
must be
will at
is allegedthe
proved
NOT totime
have
that:
apply:
b. if the evidence is at the disposal of or equally
of the
been
acquired subsequent to
commencement of thethe
commencement
relation of
of
available
a. the to
letterbothwasparties;
properly addressed with
that ifrelation,
the evidence
the presumption that will
is not
withheld
apply. Theis
landlord
c. ifpostage
tenantthe may and
suppressiontenant
prepaid,
show is an
thatandbetween
exercise
merely corroborative or cumularive;
the of them.
a privilege.
landlords title has
expired
b. that or beenactually
it was conveyedmailed.
to another or himself.
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
RULES:
4. Presumption to What Marriage a Child
Was Conceived; Requisites
b. To first
a. To second marriage:
marriage
Themother
1) The
1) mothermust
must have
have married
married againagain
WITHIN WITHIN 300
300 days
daysthe
from from the termination
termination of her
of her first first marriage;
marriage;
Thechild
2) The
2) childwaswas BORN
BORN WITHIN
WITHIN the same
the same 300 days300AFTER
days
AFTER
the the termination
termination of hismarriage
of the former mothers of first marriage;
his mother;
The child
3) The
3) child was
was BORN
BORN AFTER
BEFORE 180180daysdaysfollowing
after the
solemnizationofofhis
solemnization his mothers
mothers second
second marriage.
marriage.
RULE 131
BURDEN OF PROOF AND
PRESUMPTIONS
RULES:
5.No
6. Presumption
Disputable
7.Disputable of StatusRelating
Presumptions
Presumptions of a Child: onto
DigitalisSignatures:
There no presumptionUpon the
of authentication
legitimacy ofor
a
Electronic Signature: Upon the
digital signature, it shall be presumed, in addition to
illegitimacy of a child born AFTER 300 days
authentication
those mentioned above, that: of an electronic
following the dissolution of the marriage or the
a. The signature,
separation
d. The of
message the itspouses.
shallinwith
information contained
associated be presumed
a certificate
Whoever that:
a digitalissignature
correct;
alleges the
has
b. c.
b. The The
The methods
electronic
digital
notThe signature
beenelectronic
altered
or processes
signature
wasthe
from created
time
was utilized
affixed
during
it was
to
by affix
that
the operational
signed; and,
a.
legitimacy
person
or or
with
verify the
the signature
illegitimacy
intention
electronic of
of is
such that
child of
authenticating
signature the
must
operated or
period of a certificate;
e.
prove A person
certificateto had
his allegation.
approving the whom been issued
it correlates;
electronic document by thecertification
to which it is
c. No without error
cause exists
authority or fault.
to render
indicated a certificate invalid or
therein
related or to indicate such persons consent to the
revocable;
transaction embodied therein; and