4. Presumptions in Civil Actions and Proceedings

PRESUMPTIONS

Presumption – is an inference as to the existence or non-existence of a fact which courts are permitted to draw from the proof of other facts. (In the Matter of the Intestate Estates of Delgado v. Heirs of Marciana, G.R. No. 155733, 2006)

A presumption is an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact found or otherwise established in the action. (Estate of Honorio Poblador, Jr. v. Manzano, G.R. No. 192391, 2017)

Classification of Presumptions

• PRESUMPTION JURIS OR OF LAW – is a deduction which the law expressly directs to be made from particular facts.
• PRESUMPTION HOMINIS OR OF FACT – is a deduction which reason draws from facts proved without an express direction from the law to that effect.

PRESUMPTION JURIS may be divided into:

• CONCLUSIVE PRESUMPTION (juris et de jure) – inferences which the law makes so peremptory that it will not allow them to be overturned by any contrary proof however strong. (See Rule 131, Sec. 2)
• DISPUTABLE PRESUMPTIONS (juris tantum) –That which the law permits to be overcome or contradicted by other evidence (See Rule 131, Sec. 3)

Presumptions in civil actions and proceedings

In all civil actions and proceedings not otherwise provided for by the law or these Rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption.

If presumptions are inconsistent, the presumption that is founded upon weightier considerations of policy shall apply. If considerations of policy are of equal weight, neither presumption applies. (Rule 130, Sec. 5)

Doctrine of Processual Presumption

Where a foreign law is not pleaded or, even if pleaded, is not proven, the presumption is that the foreign law is the same as Philippine law (Orion Savings Bank v. Suzuki, G.R. No. 205487, 2014).