Category Archives: Burden of Proof

To enable an injured party to recover actual or compensatory damages, he is required to prove the actual amount of loss with reasonable degree of certainty premised upon competent proof and on the best evidence available

Posted on February 27, 2012 by Erineus

As to the amount of the damages awarded by the CA, petitioner claims that it is not in accord with the evidence on record. It explained that the amounts used in computing for compensatory damages were based mainly on the … Continue reading →

Posted in Burden of Proof, Contract of Carriage, Driving, Torts and Damages | Tagged | Leave a comment

As the negligence of the employee gives rise to the presumption of negligence on the part of the employer, the latter has the burden of proving that it has been diligent not only in the selection of employees but also in the actual supervision of their work

Posted on February 27, 2012 by Erineus

Petitioner asserts that it had submitted and presented during trial, numerous documents in support of its claim that it had exercised the proper diligence in both the selection and supervision of its employees. Among those proofs are documents showing Mejia’s … Continue reading →

Posted in Burden of Proof, Contract of Carriage, Driving | Tagged | Leave a comment

On payment of wages, a party who alleges payment as a defense has the burden of proving it

Posted on February 22, 2012 by Erineus

As a general rule, on payment of wages, a party who alleges payment as a defense has the burden of proving it.[17] Specifically with respect to labor cases, the burden of proving payment of monetary claims rests on the employer, … Continue reading →

Posted in Burden of Proof, Evidence, Labor Law, Wages/Salaries | Tagged | Leave a comment

Even as the employee must allege non-payment, the general rule is that the burden rests on the employer to prove payment, rather than on the employee to prove non-payment

Posted on February 15, 2012 by Erineus

We sustain the ruling of the CA on respondents’ money claims. As a rule, one who pleads payment has the burden of proving it. Even as the employee must allege non-payment, the general rule is that the burden rests on … Continue reading →

Posted in Burden of Proof, Labor Law, Quotations | Leave a comment

Upon invoking the justifying circumstance of self-defense, the accused assumed the burden of proving the justification of his act with clear and convincing evidence

Posted on February 3, 2012 by Erineus

An accused who asserts self-defense admits his infliction of the fatal blows and bears the burden of satisfactorily establishing all the elements of self-defense. Otherwise, his conviction for the felony of murder or homicide will be affirmed. … Specifically, the … Continue reading →

Posted in Burden of Proof, Circumstances, Self-defense | Tagged | Leave a comment