Burden of proof in civil cases

In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence, or evidence that is more convincing to the court as worthy of belief than that which is offered in opposition thereto. Thus, the party, whether the plaintiff or the defendant, who asserts the affirmative of an issue bears the onus to prove his assertion in order to obtain a favorable judgment. From the plaintiff the burden to prove his positive assertions never parts. Yet, for the defendant, an affirmative defense is one that is not a denial of an essential ingredient in the plaintiff’s cause of action, but rather one that, if established, will be a good defense – i.e., an “avoidance” of the claim. (Bank of the Philippine Islands v. Royeca, G.R. No. 176664, July 21, 2008).

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