Clear and convincing evidence

Clear and convincing proof means that the evidence presented by a party during the trial must be highly and substantially more probable to be true than not and the trier of fact must have a firm belief or conviction in its factuality.

Clear and convincing evidence is a higher level of burden of persuasion than "preponderance of the evidence." In this standard, a greater degree of believability must be met than the common standard of proof in civil actions, which only requires that the facts as a threshold be more likely than not to prove the issue for which they are asserted.

The standard of proof required in granting or denying bail in extradition cases is "clear and convincing evidence" that the potential extraditee is not a flight risk and will abide with all the orders and process of the extradition court. (G.R. No. 153675)

It must be added that the defenses of denial and improper motive can only prosper when substantiated by clear and convincing evidence. (G.R. No. 190348)

This level of proof (clear and convincing evidence) is used for overturning disputable presumptions, such as the presumption of regularity in the performance of official duties (G.R. No. 194499) or the existence of a valuable consideration. (G.R. No. 179874)

The following, in ascending order, are the levels of evidentiary values recognized in the Philippines: [1] No evidence; [2] Scintilla of evidence; [3] Reasonable suspicion; [4] Probable cause; [5] Substantial evidence; [6] Preponderance of evidence; [7] Clear and convincing evidence; and [8] Proof beyond reasonable doubt.


Popular Posts