1. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS

2. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS 1.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. DEFINITION S: RULES: 1.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. 2.UPON WHOM BURDEN OF PROOF RESTS: a. Criminal Cases: The burden of proof is with the prosecution by reason of the presumption of innocence. b.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.

3. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS RULES: 3.DEGREE OF PROOF THAT SATISFIES THE BURDEN OF PROOF a. CRIMINAL CASES 1) 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. 3)Issuance of warrant of arrest - Probable cause. i.e., that there is a reasonable ground to believe that the accused has committed an offense. b.CIVIL CASES: Preponderance of evidence

4. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS 4.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 it Shifts to one party when the other has produced sufficient evidence to be entitled to a ruling in his favor Is connected with the pleadingsHas no necessary connection with the pleadings but is determined by the progress of the trial. Is on the party who asserts the affirmative of the issue at the beginning of the case and continues on him throughout the Case Is the going forward with evidence and passes from party to Party  In both civil and criminal cases, the burden of evidence lies on the party who asserts an affirmative allegation.

5. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS RULES: 5.UPON WHOM BURDEN OF EVIDENCEE RESTS: a.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. b.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.

6. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS 6.PRINCIPLE OF NEGATIVATING AVERMENTS: a.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.

7. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS PRESUMPTION S DEFINITIONS : 1.Presumption – an inference as to the existence of a fact not actually known, arising from its usual connection with another which is known. a.Classes of Presumption 1) 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. 2)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. b.Classes of Presumption Juris 1.Conclusive Presumption (jure et de jure) – one which cannot be overcome by evidence to the contrary. 2.Disputable Presumption (juris tantum) – one which is satisfactory if uncontradicted, but may be contradicted and overcome by other evidence. 2.Inference – a fact or proposition deducted by process of reasoning as a logical conclusion from other facts. PRESUMPTIONINFERENCE 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.

8. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS RULES: 1.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. 2.Classes of Conclusive Presumption a. 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. 1.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; b)Intent or at least expectation that the conduct shall be acted upon by, or at least influence the other party; and c)Knowledge, actual or constructive, of the real facts. 2.Elements of Estoppel in Pais as to Party Claiming Estoppel: a)Lack of knowledge or of the means of knowledge of the truth as to the facts in question; b)Reliance in good faith, upon the conduct or statement of the party to be estopped; and c)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.

9. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS RULES: b.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. 3.WHEN PRESUMPTION OF “EVIDENCE WILFULLY SUPPRESSED WOULD BE ADVERSE IF PRODUCED” will NOT apply: a.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: a.the letter was properly addressed with postage prepaid, and b.that it was actually mailed.

10. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS RULES: 4.Presumption to What Marriage a Child Was Conceived; Requisites a.To first marriage 1)The mother must have married again WITHIN 300 days from the termination of her first marriage; 2)The child was BORN WITHIN the same 300 days AFTER the termination of the former marriage of his mother; 3)The child was BORN BEFORE 180 days after the solemnization of his mother’s second marriage. b.To second marriage: 1)The mother must have married again WITHIN 300 days from the termination of her first marriage; 2)The child was BORN WITHIN the same 300 days AFTER the termination of his mother’s first marriage; 3)The child was BORN AFTER 180 days following the solemnization of his mother’s second marriage.

11. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS RULES: 5.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. 6.Disputable Presumptions on Electronic Signature: Upon the authentication of an electronic signature, it shall be presumed that: a.The electronic signature is that of the person to whom it correlates; b.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 c.The methods or processes utilized to affix or verify the electronic signature operated without error or fault. 7.Disputable Presumptions Relating to Digital Signatures: Upon the authentication of a digital signature, it shall be presumed, in addition to those mentioned above, that: a.The information contained in a certificate is correct; b.The digital signature was created during the operational period of a certificate; c.No cause exists to render a certificate invalid or revocable; d.The message associated with a digital signature has not been altered from the time it was signed; and, e.A certificate had been issued by thecertification authority indicated therein