RULE 131 BURDEN OF PROOF AND - PowerPoint Presentation

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RULE 131

BURDEN OF PROOF AND

PRESUMPTIONS

RULE 131

BURDEN

OF PROOF AND PRESUMPTIONS

Proof – the establishment of a requisite degree of belief in the mind of the trier of fact as to the facts in issue; the cumulation of evidence that persuades the trier of facts.

Definitions:

Rules:

Burden of Proof’/ Risk of Non- Persuasion: 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.

UPON WHOM BURDEN OF PROOF RESTS:a. Criminal Cases: The burden of proof is with the prosecution by reason of the presumption of innocence.

Civil Cases:1) the plaintiff has the burden of proof to show the truth of his allegations if the defendant raises a negative defense

2) the

defendant

has the burden of proof if he raises an

affirmative

defense on the complaint of the plaintiff.

RULE 131

BURDEN

OF PROOF AND PRESUMPTIONS

Rules:

DEGREE OF PROOF THAT SATISFIES THE BURDEN OF PROOFa. CRIMINAL CASES1) To sustain conviction- Evidence of guilt beyond reasonable doubt.

2) Preliminary Investigation - Engender a well founded belief of the fact of the commission of a crime.

Issuance of warrant of arrest - Probable cause. i.e., that there is a reasonable ground to believe that the accused has committed an offense.

CIVIL CASES:

Preponderance of evidence

RULE 131

BURDEN

OF PROOF AND PRESUMPTIONS

HIERARCHY OF EVIDENCE a. proof beyond reasonable doubt b. clear and convincing evidence c. preponderance of evidence

d. substantial evidence

Rules:

Burden of Evidence- logical necessity on a party during a particular time of the trial to create a prima facie case in his favor or to destroy that created against him by presenting evidence.BURDEN OF PROOFBURDEN OF EVIDENCE

Never shifts and remains throughout the entire case exactly where the pleadings originally placed itShifts to one party when the other hasproduced sufficient evidence to beentitled to a ruling in his favorIs connected with the pleadingsHas no necessary connection with thepleadings but is determined by theprogress of the trial.Is on the party who asserts theaffirmative of the issue at thebeginning of the case and continues onhim throughout the CaseIs the going forward with evidence andpasses from party to Party

In both civil and criminal cases, the burden of evidence lies on the party who asserts an affirmative allegation.

RULE 131

BURDEN

OF PROOF AND PRESUMPTIONS

Rules:

UPON WHOM BURDEN OF EVIDENCEE RESTS:CRIMINAL CASES: The prosecution has to prove

its affirmative allegations in the information regarding the allegations in the information regarding the elements of the crime as well as the attendant circumstances; while the defense has to prove its affirmative allegations regarding the existence of justifying or exempting circumstances, absolutory causes or mitigating circumstances.

CIVIL CASES: The plaintiff has to prove his affirmative allegations in the complaint and the defendant has to prove the affirmative allegations in his counterclaim and his affirmative defenses.

RULE 131

BURDEN

OF PROOF AND PRESUMPTIONS

PRINCIPLE OF NEGATIVATING AVERMENTS:GENERAL RULE: Negative allegations need not be proved,

whether in a civil or criminal action.

Rules:

b. EXCEPTION: Where such negative allegations are essential parts of the cause of action or defense in a civil case, or are essential ingredients of the offense in a criminal case or defenses thereto.

However, in civil cases, even if the negative allegation is an essential part of the cause of action or defense, such negative allegation does not have to be proved if it is only for the purpose of denying the existence of a document which should properly be in the custody of the adverse party.

In criminal cases, it is not incumbent upon the prosecution to adduce positive evidence to support a negative averment the truth of which is fairly indicated by the established circumstances and which, if untrue, could readily be disproved by the production of documents or other evidence probably within the defendant’s control or possession.

RULE 131

BURDEN

OF PROOF AND PRESUMPTIONS

PRESUMPTIONS

Definitions:

Presumption – an inference as to

the existence of a fact not actually known, arising from its usual connection with another which is known.

Classes of Presumption1) Presumption of Law (Juris) – a deduction which the law expressly directs to be made from particular facts. When the basic fact is established in an action, the existence of the presumed fact must be assumed.

Presumption of Facts (Hominis) – a deduction which reason draws from the facts proved without an express direction to that effect. It has no significance as to the duty of one or of the other party to produce evidence, because there is no rule of law attached to it.

Classes of Presumption

Juris

Conclusive

Presumption (

jure et

de jure) – one which cannot

be overcome

by evidence to

the contrary.

Disputable Presumption (

juris

tantum

) – one which is

satisfactory if

uncontradicted

, but may

be contradicted

and overcome by

other evidence

.

Inference

– a fact or proposition deducted by process of reasoning as a logical conclusion from other facts.

PRESUMPTION

INFERENCE

is a conclusion of a rule or law which shall be made from proof of certain facts

is a deduction or conclusion that can be drawn from a premise established by the proofs in the case.

RULE 131

BURDEN

OF PROOF AND PRESUMPTIONS

Rules:

Presumption of Innocence and

Prima Facie

Case: The presumption of innocence is a rule of substantive law existing before any evidence is offered and accompanying the accused throughout the trial down to the moment of his conviction. Under the burden of proof, the prosecution is compelled in the first instance to make out a prima facie case proving the essential facts embraced in the criminal transaction alleged.

Classes of Conclusive Presumption a. Estoppel in Pais: Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing is true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it.

Elements of Estoppel in Pais as to Party Estopped:a) Conduct amounting to false representation or concealment of material facts, or at least calculated to convey the impression that the facts are otherwise than, and inconsistent with those which the party subsequently attempted to assert;

Intent or at least expectation

that the

conduct shall be acted

upon by

, or at least influence the

other party

; and

Knowledge

, actual

or constructive

, of the real facts.

Elements of Estoppel in

Pais

as to

Party Claiming

Estoppel:

Lack

of knowledge or of

the means

of knowledge of the

truth as

to the facts in question;

Reliance

in good faith, upon

the conduct or statement of the party to be estopped; and

The action or inaction

based thereon

of such character as

to change

the position or status

of the

party claiming the

estoppel, to

his injury, detriment,

or prejudice

.

RULE 131

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OF PROOF AND PRESUMPTIONS

Rules:

Estoppel Against Tenant:

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

What a tenant is estopped from denying is the title of his landlord at the time of the commencement of the landlord-tenant relation. If the title is one that is alleged to have been acquired subsequent to the commencement of that relation, the presumption will not apply. The tenant may show that the landlord’s title has expired or been conveyed to another or himself.

WHEN PRESUMPTION OF “EVIDENCE WILFULLY SUPPRESSED WOULD BE ADVERSE IF PRODUCED” will NOT apply:if the evidence that is withheld is merely corroborative or cumularive;

b. if the evidence is at the disposal of

or equally

available to both

parties;

c

. if the suppression is an exercise of

a privilege

.

For

the presumption that “

A LETTER

DULY DIRECTED

AND MAILED

WAS RECEIVED IN

A REGULAR

COURSE OF THE

MAIL” to

arise, it

must be

proved

that:

the

letter was properly

addressed with

postage prepaid, and

that

it was actually mailed.

RULE 131

BURDEN

OF PROOF AND PRESUMPTIONS

Rules:

Presumption to What Marriage

a Child

Was Conceived; Requisites To first marriageThe mother must have married again WITHIN 300 days from the termination of her first marriage;The child was BORN WITHIN the same 300 days AFTER the termination of the former marriage of his mother;The child was BORN BEFORE 180 days after the solemnization of his mother’s second marriage.

To second marriage:The mother must have married again WITHIN 300 days from the termination of her first marriage;The child was BORN WITHIN the same 300 days AFTER the termination of his mother’s first marriage;The child was BORN AFTER 180 days following the solemnization of his mother’s second marriage.

RULE 131

BURDEN

OF PROOF AND PRESUMPTIONS

Rules:

No Presumption of Status of a Child:

There is no presumption of legitimacy or illegitimacy of a child born AFTER 300 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 allegation.

Disputable Presumptions on Electronic Signature: Upon the authentication of an electronic signature, it shall be presumed that:The electronic signature is that of the person to whom it correlates;

The electronic signature was affixed by that person with the intention of authenticating or approving the electronic document to which it is related or to indicate such person’s consent to the transaction embodied therein; and

The methods or processes utilized

to affix

or verify the electronic

signature operated

without error or fault.

Disputable Presumptions Relating

to Digital

Signatures:

Upon

the authentication

of a digital signature, it

shall be

presumed, in addition to

those mentioned

above,

that:

The

information contained in

a certificate

is correct;

The

digital signature was created

during the

operational period of a

certificate;

No

cause exists to render a

certificate invalid

or revocable;

The

message associated with a

digital signature

has not been altered from

the time

it was signed; and,

A

certificate had been issued by

thecertification

authority indicated therein