DRA, LEILA A DELA LLANO vs.

REBECCA BIONG, doing business under the

name and style of Pongkay Trading
G.R. No. 182356 December 4, 2013
Brion, J.

FACTS: Dra. Dela Llana was involved in a vehicular accident with Joel Primero,
employee of Rebecca Biong. Apart from minor wounds, she did not appear to have
suffered from any other visible physical injuries. However, months after the accident,
she suffered from whiplash injury losing the mobility of her arms as a result. Thus, she
filed a claim for damages against Biong. As evidence to prove her claim she presented
the following: (1) pictures of her damaged car, (2) medical certificate, and (3) her
testimonial evidence as an ordinary witness.

Issue: Whether Dra. Dela Llana was able to prove by preponderance of evidence of her
claims.

HELD: No. In civil cases, a party who alleges a fact has the burden of proving it.
A perusal of the pieces of evidence presented by the parties before the trial court shows
that Dra. Dela Llana did not present any testimonial or documentary evidence that
directly shows the causal relation between the vehicular accident and Dra. Dela Llana’s
injury. Her claim that Joel’s negligence causes her whiplash injury was not established
because of the deficiency of the presented evidence during trial.