Wednesday, September 7, 2011

Preponderance of evidence - G.R. No. 175021

G.R. No. 175021

"x x x.

Nonetheless, even if we were to exercise utmost liberality and veer away from the rule, the records will show that the petitioner had failed to establish its case by a preponderance of evidence.[64] Section 1, Rule 133 of the Revised Rules of Court provides the guidelines in determining preponderance of evidence:

SECTION 1. Preponderance of evidence, how determined.— In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence. In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of witnesses, though the preponderance is not necessarily with the greater number.

Expounding on the concept of preponderance of evidence, this Court in Encinas v. National Bookstore, Inc.,[65] held:

“Preponderance of evidence” is the weight, credit, and value of the aggregate evidence on either side and is usually considered to be synonymous with the term “greater weight of the evidence” or “greater weight of the credible evidence.” Preponderance of evidence is a phrase which, in the last analysis, means probability of the truth. It is evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto.[66]

x x x."