1. Burden of Proof vs. Burden of Evidence

DISTINGUISH: BURDEN OF PROOF VS. BURDEN OF EVIDENCE

Burden of Proof

It is the duty of the prosecution, and not the Sandiganbayan tasked to act as an impartial court, to discharge the burden of proof that one’s right to a speedy disposition of a case was not violated (J. Caguioa, Javier v. Sandiganbayan, G.R. No. 237997, 2020)

Shifting of Burden of Evidence

In Civil Cases: 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 facie case, otherwise, a verdict must be returned in favor of plaintiff. (Vitarich Corporation v. Locsin, G.R. No. 181560, 2010)

In Criminal Cases: When the trial court denies a motion to dismiss by way of demurrer to evidence, the accused has the burden of proving his innocence. When a prima facie case is established by the prosecution in a criminal case, as in the case at bar, the burden of proof does not shift to the defense. It remains throughout the trial with the party upon whom it is imposed the prosecution. It is the burden of evidence which shifts from party to party depending upon the exigencies of the case in the course of the trial. The accused only has to present evidence to equalize his evidence versus that of the plaintiff, not a preponderance of evidence. (Bautista v. Sarmiento, G.R. No. L-45137, 1985)

Effect of Presumption

A party in whose favor the legal presumption exists may invoke such presumption to establish a fact in issue and need not introduce evidence to prove the fact for the presumption is prima facie proof of the fact presumed. (Diesel Construction Co. v. UPSI Property Holdings Inc., G.R. No. 154937, 2008)

A presumption shifts the burden of evidence or the burden of going forward with the evidence. It imposes on the party against whom it is directed the burden of going forward with evidence to meet or rebut the presumption. However, it does not shift the burden of proof.

In the law of evidence, a distinction should be drawn between the role of presumptions, judicial notice and judicial admissions. In the case of presumptions, the proponent still has to introduce evidence of the basis of the presumption, that is, he has to introduce evidence of the existence or nonexistence of the facts from which the court can draw the inference of the fact in issue. In the case of judicial notice and judicial admissions, as a rule, the proponent does not have to introduce any evidence. (Regalado, p. 819)