F.

BURDEN OF PROOF, BURDEN OF EVIDENCE, AND PRESUMPTIONS

BURDEN OF PROOF AND BURDEN OF EVIDENCE

Burden of Proof Burden of Evidence
Burden of proof is the duty of a party to Burden of evidence is the duty of a party to
present evidence on the facts in issue present evidence sufficient to establish or
Necessary to establish his or her claim or rebut a fact in issue to establish a prima facie
defense by the amount of evidence required case.
by law.
Burden of proof never shifts. Burden of evidence may shift from one party
to the other in the course of the
proceedings, depending on the exigencies of
the case.
Other term: Burden of persuasion or risk of Other term: burden of going forward
non-persuasion

In civil cases, the burden of proof is on the party who would be defeated if no evidence is given
on either side.

In criminal cases, the burden of proof is on the prosecution, and unless it discharges that
burden the accused need not even offer evidence in his behalf, and he would be entitled to an
acquittal.

When a prima facie case is established by the prosecution in a criminal case, the burden of proof
does not shift to the defense. It remains throughout the trial with the party upon whom it is
imposed-the prosecution. It is the burden of evidence which shifts from party to party
depending upon the exigencies of the case in the course of the trial. The inevitable result was
that the burden of evidence shifted on the defense to prove their innocence, or at least, raises a
reasonable doubt as to their guilt.

Illustration:

Jose shot Pedro. Pedro died. Jose was charged of the crime of homicide. During the trial, the
prosecutor has the BURDEN OF PROOF to prove that Jose killed Pedro.
The prosecutor presented an eye witness Maria. Maria saw Jose shoot Pedro. The prosecutor
was able to prove also that the gun used in killing Pedro is owned by Jose and Jose's fingerprint
is found therein. At this point, the prosecutor was able to overcome the presumption of
innocence accorded to Pedro. The BURDEN OF EVIDENCE now shifts to Pedro or the defense.
Pedro has now the duty to show that he did not kill Jose.

PRESUMPTIONS

A presumption is an assumption of fact that the law requires to be made from another fact or
group of facts found or otherwise established in the action. 278
It is an "inference as to the existence of a fact not actually known, arising from its usual
connection with another which is known, or a conjecture based on past experience as to what
course of human affairs ordinarily take. "279
Effect of presumption: A presumption has the effect of shifting the burden of proof to the party
who would be disadvantaged by a finding of the presumed fact. The presumption controls
decision on the presumed fact unless there is counterproof that the presumed fact is not so.
Classifications:
1. Presumptions of Fact
2. Presumptions of Law

Presumptions of Fact: A type of rebuttable presumption that may be, but as a matter of law
need not be, drawn from another established fact or group of facts. 281

Presumptions of law: A legal assumption that a court is required to make if certain facts are
established and no contradictory evidence is produced, 282

Kinds of presumptions of law:

1. Conclusive presumptions
2. Disputable Presumptions

Conclusive Presumptions

A presumption that cannot be overcome by any additional evidence or argument. 283

The following are instances of conclusive presumptions:

(a) Whenever a party has, by his or her own declaration, act, or omission, intentionally and
deliberately led another to believe a particular thing true, and to act upon such belief, he or she
cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify
it (Estoppel in pais); and

(b) The tenant is not permitted to deny the title of his or her landlord at the time of the
commencement of the relation of landlord and tenant between them.

Estoppel: A bar that prevents one from asserting a claim or right that contradicts what one has
said or done before or what has been legally established as true. 285
Through estoppel an admission or representation is rendered conclusive upon the person
making it, and cannot be denied or disproved as against the person relying thereon.

Kinds of estoppel:
1. Estoppel in pais

This is the first kind of conclusive presumption.

A person is considered in estoppel if by his conduct, representations or admissions or silence

when he ought to speak out, whether intentionally or through culpable negligence, "causes
another to believe certain facts to exist and such other rightfully relies and acts on such belief,
as a consequence of which he would be prejudiced if the former is permitted to deny the
existence of such facts.

2. Estoppel by deed;

Estoppel by deed occurs when a party to a deed and his privies are precluded from denying
any material fact stated in the said deed as against the other party and his privies.

The second instance of conclusive presumption is an example of estoppel by deed.

3. Estoppel by laches

Estoppel by laches is considered an equitable estoppel wherein a person who failed or

neglected to assert a right for an unreasonable and unexplained length of time is presumed to
have abandoned or otherwise declined to assert such right and cannot later on seek to enforce
the same, to the prejudice of the other party, who has no notice or knowledge that the former
would assert such rights and whose condition has so changed that the latter cannot, without
injury or prejudice, be restored to his former state.
Disputable presumptions
An inference drawn from certain facts that establish a prima facie case, which may be overcome
by the introduction of contrary evidence. 290
The following presumptions are satisfactory if uncontradicted, but may be contradicted and
overcome by other evidence:
(a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his or her voluntary act;
(d) That a person takes ordinary care of his or her concerns,
(e) That evidence willfully suppressed would be adverse if produced;
(f) That money paid by one to another was due to the latter;
(g)That a thing delivered by one to another belonged to the latter;
(h)That an obligation delivered up to the debtor has been paid;
(i) That prior rents or installments had been paid when a receipt for the later one is produced;
(j))That a person found in possession of a thing taken in the doing of a recent wrongful act is
the taker and the doer of the whole act; otherwise, that things which a person possesses, or
exercises acts of ownership over, are owned by him or her;
(k) That a person in possession of an order on himself or herself for the payment of the money,
or the delivery of anything, has paid the money or delivered the thing accordingly;
(l) That a person acting in a public office was regularly
appointed or elected to it;
(m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in
the lawful exercise of jurisdiction;
(O) That all the matters within an issue raised in a case were laid before the court and passed
upon by it; and in like manner that all matters within an issue raised in a dispute submitted for
arbitration were laid before the arbitrators and passed upon by them;
(p) That private transactions have been fair and regular;

(q) That the ordinary course of business has been followed;

(r) That there was a sufficient consideration for a contract;
(s) That a negotiable instrument was given or indorsed for a sufficient consideration;
(t) That an indorsement of a negotiable instrument was made before the instrument was
overdue and at the place where the instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and mailed was received in the regular course of the mail;
(w)That after an absence of seven years, it being unknown whether or not the absentee still
lives, he or she is considered dead for all purposes, except for those of succession.

The absentee shall not be considered dead for the purpose of opening his or her succession
until after an absence often years. If he or she disappeared after the age of seventy-five years,
an absence of five years shall be sufficient in order that his or her succession may be opened.

The following shall be considered dead for all purposes including the division of the estate
among the heirs:

1. A person on board a vessel lost during a sea voyage, or an aircraft which is missing, who has
not been heard of for four years since the loss of the vessel or aircraft;
2. A member of the armed forces who has taken part in armed hostilities, and has been missing
for four years;
3. A person who has been in danger of death under other circumstances and whose existence
has not been known for four years; and
4. If a married person has been absent for four consecutive years, the spouse present may
contract a subsequent marriage if he or she has a well-founded belief that the absent spouse is
already dead. In case of disappearance, where there is a danger of death, the circumstances
hereinabove provided, an absence of only two years shall be sufficient for the purpose of
contracting a subsequent marriage. However, in any case, before marrying again, the spouse
present must institute summary proceedings as provided in the Family Code and in the rules
for declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse;

(x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to
the law or fact;
(y) That things have happened according to the ordinary course of nature and ordinary habits
of life;
(z) That persons acting as copartners have entered into a contract of co-partnership; (aa) That
a man and woman deporting themselves as husband and wife have entered into a lawful
contract of marriage;

(bb) That property acquired by a man and a woman.

Who are capacitated to marry each other and who live exclusively with each other as husband
and wife, without the benefit of marriage or under a void marriage, has been obtained by their
joint efforts, work or industry;

(cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each
other and who have acquired property through their actual joint contribution of money,
property or industry, such contributions and their corresponding shares, including joint
deposits of money and evidences of credit, are equal;

(dd) That if the marriage is terminated and the mother contracted another marriage within
three hundred days after such termination of the former marriage, these rules shall govern in
the absence of proof to the contrary:

1. A child born before one hundred eighty (180) days after the solemnization of the subsequent
marriage is considered to have been conceived during such marriage, even though it be born
within the three hundred days after the termination of the former marriage; and

2. A child born after one hundred eighty (180) days following the celebration of the subsequent
marriage is considered to have been conceived during such marriage, even though it be born
within the three hundred days after the termination of the former marriage;

(ee) That a thing once proved to exist continues as long as is usual with things of that nature;
(ff) That the law has been obeyed;
(gg)That a printed or published book, purporting to be printed or published by public authority,
was so printed or published;
(hh)That a printed or published book, purporting to contain reports of cases adjudged in
tribunals of the country where the book is published, contains correct reports of such cases:
(ii)That a trustee or other person whose duty it was to convey real property to a particular
person has actually conveyed it to him or her when such presumption is necessary to perfect
the title of such person or his or her successor in interest;
(jj)That except for purposes of succession, when two persons perish in the same calamity, such
as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes, according to the following
rules:

1. If both were under the age of fifteen years, the older is deemed to have survived;
2. If both were above the age of sixty, the younger is deemed to have survived;
3. If one is under fifteen and the other above sixty, the former is deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have
survived, if the sex be the same, the older; and
5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed
to have survived;

(kk) That if there is a doubt, as between two or more persons who are called to succeed each
other, as to which of them died first, whoever alleges the death of one prior to the other, shall
prove the same; in the absence of proof, they shall be considered to have died at the same time.

No presumption of legitimacy or illegitimacy: There is no presumption of legitimacy or

illegitimacy of a child born after three hundred days following the dissolution of the marriage
or the separation of the spouses.

Whoever alleges the legitimacy or illegitimacy of such child must prove his or her allegation.

Presumptions in civil actions and proceedings: In all civil actions and proceedings not
otherwise provided for by the law or the Rules of Court, a presumption imposes on the party
against whom it is directed the burden of going forward with evidence to rebut or meet the
presumption.

Rule when the presumptions are inconsistent: If presumptions are inconsistent, the
presumption that is founded upon weightier considerations of policy shall apply. If
considerations of policy are of equal weight, neither presumption applies.

Presumption against an accused in criminal cases: If a presumed fact that establishes guilt, is
an element of the offense charged, or negates a defense, the existence of the basic fact must be
proved beyond reasonable doubt and the presumed fact follows from the basic fact beyond
reasonable doubt.