Prima Facie Prima Facie: CA, G.R. No. 134853, Feb. 24, 1998)

MAAGAD, JIAN MARGARETH C.
Evidence – Special Class
Third Assignment
Reference: Evidence (The Bar Lectures Series) by Willard B. Riano, Revised Rules on Evidence
and cases
PART I
1. Distinguish burden of proof v. burden of evidence
Burden of proof is 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. (Sec. 1, Rule 131) while the term “burden of evidence” means Burden of coming
forward with the evidence.
Simply put, he who alleges the affirmative of

the issue has the burden of proof, and upon the
plaintiff in a civil case, the burden of proof never
parts. However, in the course of trial in a civil
case, once plaintiff makes out a prima
facie case in his favor, the duty or the burden of
evidence shifts to defendant to controvert
plaintiff's prima faciecase, otherwise, a verdict
must be returned in favor of plaintiff. (Jison v.
CA, G.R. No. 134853, Feb. 24, 1998)
a. Define presumption
A presumption is an assumption of fact resulting from a rule of

law which requires such fact to be assumed from another fact or
group of facts found or otherwise established in the action; it is an
inference of the existence or non-existence of a fact which courts
are permitted to draw from proof of other facts. (Estate of
Poblador, Jr. vs. Manzano, G.R. No. 192391, June 19, 2017)
 It is an inference of the existence or non-existence of a fact which

courts are permitted to draw from proof of other facts.
 It is NOT EVIDENCE, they merely affect the burden of offering

evidence.
 It is an inference which is mandatory unless rebutted.
b. What is conclusive presumption
“Juris et de Jure”
These are “inferences which the law makes so peremptory that it will not
allow them to be overturned by any contrary proof however strong.” (Datalift
Movers, Inc. v. Belgravia Realty & Development Corp., 500 SCRA 163)
Conclusive presumption is often referred to as estoppel in pais or
estoppel by conduct.
c. What are conclusive presumptions
Sec. 2 of Rule 131 provides:
The following are instances of conclusive presumptions:

(a) Whenever a party has, by his own declaration, act, or omission,
intentionally and deliberately led to another to believe a particular thing 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:
(b) The tenant is not permitted to deny the title of his landlord at the time
of commencement of the relation of landlord and tenant between them
d. What is disputable presumption
“presumptions juris tantum”
Under Sec. 3, Rule 131, disputable presumptions are

satisfactory, if uncontradicted, but may be contradicted and
overcome by other evidence. (Estate of Poblador, Jr. vs. Manzano,
G.R. No. 192391, June 19, 2017)
The effect of a presumption upon the burden of proof is to create the

need of presenting evidence to overcome the prima facie case created by the
presumption. If no contrary proof is offered, the presumption will prevail.
A significant example under the Rules of Court: the presumption that

“official duty has been regularly performed.”
Some examples under Sec. 3, Rule 131:

• That a person is innocent of a crime or wrong;
• That an unlawful act was done with unlawful intent;
• That a person intends the ordinary consequences of his
voluntary acts;
• That a person takes ordinary care of his business;
• That evidence willfully suppressed would be adverse if
produced.
2. What is your understanding regarding a liberal construction of the rules on

evidence
3. Quantum of evidence (weight and sufficiency of evidence)
a. What is proof beyond reasonable doubt? When is it required?
It is the degree of proof that, after investigation of the whole record, produces
moral certainty in an unprejudiced mind of the accused’s culpability. (Atienza v.
People, GR No. 188694, February 12, 2014).
It
b. What is preponderance of evidence
c. What is substantial evidence
d. What is clear and convincing evidence? When is it required?
Part II
1. Distinguish Judicial Notice v. Judicial Admission
a. What need not be proved?
b. Matters of judicial notice

c. What are judicial admissions?
d. Effect of judicial admission
e. How admissions may be contradicted
f. Explain the rule on judicial notice of foreign laws
e. Judicial notice of the law on nations
f. Judicial notice of municipal ordinances

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MAAGAD, JIAN MARGARETH C.

Evidence – Special Class

1. Distinguish burden of proof v. burden of evidence

Simply put, he who alleges the affirmative of

A presumption is an assumption of fact resulting from a rule of

 It is an inference of the existence or non-existence of a fact which

 It is NOT EVIDENCE, they merely affect the burden of offering

 It is an inference which is mandatory unless rebutted.

b. What is conclusive presumption

c. What are conclusive presumptions

Sec. 2 of Rule 131 provides:

The following are instances of conclusive presumptions:

d. What is disputable presumption

“presumptions juris tantum”

Under Sec. 3, Rule 131, disputable presumptions are

The effect of a presumption upon the burden of proof is to create the

A significant example under the Rules of Court: the presumption that

Some examples under Sec. 3, Rule 131:

2. What is your understanding regarding a liberal construction of the rules on

3. Quantum of evidence (weight and sufficiency of evidence)

a. What is proof beyond reasonable doubt? When is it required?

c. What is substantial evidence

d. What is clear and convincing evidence? When is it required?

1. Distinguish Judicial Notice v. Judicial Admission

a. What need not be proved?

b. Matters of judicial notice

d. Effect of judicial admission

e. How admissions may be contradicted

f. Explain the rule on judicial notice of foreign laws

e. Judicial notice of the law on nations

f. Judicial notice of municipal ordinances

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