Evidence in civil, criminal cases


The rules on evidence are supposed to apply to all kinds of judicial proceedings. However, there are special rules and specific provisions of laws that require a difference, especially between civil cases and criminal cases.

First, as to quantum of proof required, in civil cases, preponderance of evidence is required. In criminal cases, proof beyond reasonable doubt as required by the 1987 Constitution.

Second, as to offer to compromise, in civil cases, an offer to compromise is not considered as proof of admission of liability. On the other hand, in criminal cases, an offer of compromise by the accused may be received as evidence of implied admission of guilty. However, this rule does not apply to criminal cases and quasi-offenses that are allowed by law to be compromised.

Third, as to presumption of liability, in civil cases, the presumption of innocence does not apply. Nevertheless, as a rule, he who alleges liability shall prove unless the law provides otherwise; an exception is common carriers who are required to exercise extraordinary diligence. On the other hand, in criminal cases, the Constitution requires the presumption of innocence.

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