d. Clear and Convincing Evidence

CLEAR AND CONVINCING EVIDENCE

Evidence is clear and convincing if it produces in the mind of the trier of fact a firm belief or conviction as to allegations sought to be established. (Black’s Law Dictionary, 5thed., 596)

Clear and convincing evidence is evidence indicating that the thing to be proved is highly probable or reasonably certain.

This is a greater burden than preponderance of evidence, the standard applied in most civil trials, but less than evidence beyond a reasonable doubt, the norm for criminal trials. (Black’s Law Dictionary, 8 thed., 596)

An accused who invokes self-defense must prove it by clear and convincing evidence. (Guevarra v. People, G.R. No. 170462, 2014)

In extradition cases, the potential extraditee must prove by "clear and convincing evidence" that he is not a flight risk and will abide with all the orders and processes of the extradition court. (Gov’t of HK v. Olalia, G.R. No. 153675, 2007)

The rule is that charges of misconduct against judges should be proven by clear and convincing evidence, otherwise they should be dismissed. (Pesole v. Rodriguez, A.M. No. 755-MJ, 1978)