Good afternoon, Atty.! I hope you’re doing well.

This is with reference to the question as to who has the Burden of Proof.

As a general rule, the one alleging a material fact has the burden of proof. However, if the defendant
made a counter-claim, then he bears the burden of proof.

 Suppose then that plaintiff A filed a civil case for a collection of sum of money from defendant B
for the failure of B to pay his loan he made from plaintiff A. Now, applying the General Rule,
Plaintiff A has the burden of proving that such obligation of B exists by preponderance of
evidence. In that case, he has to go forward with evidence. That is – he could present a contract
of loan manifesting such agreement. By presenting the said contract of loan or by going forward,
does that mean that he has established a prima facie case? - – it depends if the Weight of
evidence. That if not rebutted by B, would now mean that Plaintiff A is able to discharge his
burden of proof? As a result, the trial court can now hold defendant B liable to pay plaintiff A?

Effect of prima facie

 Defendant files a demurrer to evidence – how will the court resolve the demurrer? What
quantum of evidence? - RULE 33

o By filing the demurrer to evidence, the defendant is making an admission.

Suppose further that defendant B deny signing the contract of loan, that he did not enter in any
contract with plaintiff A, does this constitute a counter-claim and does that mean he has the burden of
proving that he did not sign such contract?

- NEGATIVE DEFENSE
- Collection for a sum of money – counterclaim – binayaran nya ng check.
- Counter-claim – separate action – defendant can incorporate in the answer – if this is a
compulsory counter-claim – can be included in the action
o 2 actions – MAIN complain and 1 counter claims = result – two burden of proof

 During the discussion –

Is prima facie case necessary ? – yes

If not, will there be a demurrer to evidence?