Thursday, March 21, 2013

Quantum of evidence in civil cases. - February 2013 Philippines Supreme Court Decisions on Remedial Law | LEXOTERICA: A PHILIPPINE BLAWG

see - February 2013 Philippines Supreme Court Decisions on Remedial Law | LEXOTERICA: A PHILIPPINE BLAWG


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Civil cases; quantum of proof; preponderance of evidence; evidence of fraud. In civil cases, basic is the rule that the party making allegations has the burden of proving them by a preponderance of evidence. Moreover, parties must rely on the strength of their own evidence, not upon the weakness of the defense offered by their proponent. This principle equally holds true, even if the defendant had not been given the opportunity to present evidence because of a default order. The extent of the relief that may be granted can only be as much as has been alleged and proved with preponderant evidence required under Section 1 of Rule 133 of the Revised Rules of Evidence.
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 worthier of belief than that which is offered in opposition thereto.
As to fraud, the rule is that he who alleges fraud or mistake affecting a transaction must substantiate his allegation, since it is presumed that a person takes ordinary care of his concerns and that private transactions have been fair and regular. The Court has stressed time and again that allegations must be proven by sufficient evidence because mere allegation is definitely not evidence. Moreover, fraud is not presumed – it must be proved by clear and convincing evidence. Spouses Nilo Ramos and Eliadora Ramos v. Raul Obispo and Far East Bank and Trust Co.; G.R. No. 193804. February 27, 2013
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1 comment:

  1. nice this is too helpful to me as Criminology student

    ReplyDelete