b. Preponderance of Evidence

Degree of Proof That Satisfies the Burden of Proof

Civil Cases – Preponderance of evidence

The plaintiff has to establish his case by preponderance of evidence. If he claims a right granted or created by law, he must prove such right. (Sps. Guidangen v. Wooden G.R. No. 174445, 2012)

PREPONDERANCE OF EVIDENCE

In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence. (Rule 133, Sec. 1)

In civil cases, the party having the burden of proof must establish his case by preponderance of evidence, or that evidence which is of greater weight or is more convincing than that which is in opposition to it. (BPI v. Reyes, G.R. 157177, 2008)

It does not mean absolute truth; rather, it means that the testimony of one side is more believable than that of the other side, and that the probability of truth is on one side than on the other. (Rivera v. Court of Appeals, G.R. No. 115625, 1998)

Land Bank failed to prove that the amount allegedly “miscredited” to Oñate’s account came from the proceeds of the pre-terminated loans of its clients. It is worth emphasizing that in civil cases, the party making the allegations has the burden of proving them by preponderance of evidence. Mere allegation is not sufficient. (Land Bank of the Philippines v. Emmanuel C. Oñate, G.R. No. 192371, 2014)

Positive identification where categorical and consistent and without any showing of ill motive on the part of the eyewitness testifying on the matter, prevails over a denial which, if not substantiated by clear and convincing evidence, is negative and selfserving evidence undeserving of weight in law. They cannot be given greater evidentiary value over the testimony of credible witnesses who testify on affirmative matters. (People v. Caballero y Garsola, G.R. No. 210673, 2016)

Factors which the court may consider in determining where the preponderance or superior weight of evidence lies:

• All the facts and circumstances of the case;
• The witnesses
• manner of testifying;
• their intelligence;
• their means and opportunity of knowing the facts to which they are testifying;
• the nature of the facts to which they testify;
• the probability or improbability of their testimony;
• their interest or want of interest;
• their personal credibility so far as the same may legitimately appear upon the trial.
• The number of witnesses (though preponderance is not necessarily with the greater number.) (Rule 133, Sec. 1)