RULE 131

Section 1. Burden of proof and burden of evidence. – Burden of proof is

the duty of a party to present evidence on the facts in issue
necessary to establish his or her claim or defense by the amount of
evidence required by law. Burden of proof never shifts.

Burden of evidence is the duty of a party to present evidence

suffi cient to establish or rebut a fact in issue to establish a prima
facie case. Burden of evidence may shift from one party to the other in
the course of the proceedings, depending on the exigencies of the case.

1. Criminal Case

Example: Criminal Case of Homicide

GR: He who has the burden of proof has the burden of evidence so the
prosecution will present the evidence first.
Prosecution has the burden of proof that a person has killed the
person in homicide by proving that all the elements of homicide are present
such as the killing of a person, accused killed him, with intention to kill.
Prosecution also has to present evidence needed to prove that all the
elements are present.

Exception: In case of self–defense, the effect is that the burden of proof will
remain with the prosecution but the accused will present evidence since the
burden already shifted to the accused.

When one interpose self-defense, it is justifying circumstance

admitting the act that the accused killed the deceased. Hence, the
prosecution need not prove the elements since it was admitted already.
The burden of evidence now shifts to the accused, he will be the one to
present evidence first (Reverse Trial) by proving that all the elements of
self-defense are present. The prosecution will then rebut the evidence
presented by the accused by proving that the elements of self-defense are
not present.

Originally the burden of evidence is with the prosecution but since the
accused admits, the burden now shifts to the accused. But the burden of
proving, that is the guilt of the accused, remains with the prosecution.
 2. Civil case

Burden of evidence shift if the answer raises an affirmative defense.

Before the 2019 amendments, the affirmative defense is incorporated in the
answer through motion to dismiss. Under the 2019 amendments, questions
will be asked to the plaintiff in which the affirmative defense will be
answered without calling or setting a hearing, but there are instances
where a hearing may be set on the affirmative defenses. Example. Non-
compliance with the condition precedent need not be set for hearing so no
neeed for the presentation of evidence.

Example: Action for Collection of Sum of Money

If evidence will not be presented, the plaintiff will lose since he has
the burden of proof. He has also the burden of evidence.

However, when the defendant file his answer and admit that he
borrowed money from the plaintiff and the loan has already due, but said
that he already paid it (the affirmative defense is payment). He admitted the
promissory note, demand but said that payment was already made. The
burden is now lifted by the admission of the defendant and now the burden
is shifted to the defendant. The defendant now prove or rebut the claim of
the plaintiff that he did not pay. The defendant now will present the
evidence first. (There is no reversal of trial actually because if the
affirmative defense is denied, the order of the trial will be the same, the
plaintiff will be required to present his evidence-in-chief first, then it’s up to
the defendant if he will adopt the evidence during the hearing of the
affirmative defense.)

In the case of Far East Bank trust Company vs. Roberto Mar Chante
Case, the Supreme Court said that the plaintiff was not able to meet its
burden of proving so the concept of burden of evidence and burden of
proof were explained by the SC.
Kinds of evidence according to:

1. Form
The kinds of evidence as to from are the testimonial, object or real
evidence and documentary evidence.

2. Relevancy to the issues – test of relevance is that it has logical

relation to the issue. The concept does not have anyting to do with
the probative value of evidence but rather the relevance

Requisites of admissibility of evidence – Section 3 Rule 128

(Relevant to the issue and competent- not excluded by the
constitution- included because strictly speaking law is the
enactment of Congress but the constitution is not made by the
Congress, law and rules of evidence)

Note: Issue is elements of the cause of action or elements of the

offense in a criminal action. One should know all the elements
during trial in order to know when to object. If a question does not
relate to any issue, then you should object on the ground that the
ground is irrelevant. Admissible means acceptable or may be
considered by the court.

The kinds of evidence as to relevancy are direct evidence and

circumstantial evidence. – indirectly proves a fact in issue such
that the fact finder must draw an inference or reason from
circumstantial evidence.

In the case of People vs. Bacerra, direct evidence proves a

challenge, fact without drawing any inference. On the other hand,
circumstantial evidence indirectly proves a fact in issue such that
the fact finder must draw an inference or reason from
circumstantial evidence. This is an arson case where in during
trial, evidence were presented that someone was able to see the
accused walking in front of the house saying vulva…., with
matches/gas.
3. Probative value –According to Weight
The kinds of evidence as to probative value are the primary and
secondary evidence.