In 4th paragraph of page 13 of the Petition, it is submitted that “the Public Respondent

gravely erred when it seemingly faulted Petitioner for failing to show proof as to when Private
Respondent actually received the letter forwarded to his office by the Office of the SEC
Chairperson.”

Petitioner’s allegation should not be given any weight in that the Rules is clear that
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. 1 The Supreme Court
made clear in Spouses Ramos v. Raul Obispo, et. al., G.R. No. 193804, February 27, 2013, “it is
axiomatic that under the Rules on Evidence a party who alleges a fact has the burden of proving
it. A mere allegation is not evidence, and he who alleges has the burden of proving his allegation
with the requisite quantum of evidence.”

1
Section 1, Rule 131 of the Revised Rules on Evidence;