Greater weight of evidence

In a civil case, the burden of proof is on the claiming party to establish the case by a preponderance of evidence, which is the weight, credit, and value of the aggregate evidence on either side, synonymous with the term "greater weight of the evidence." Preponderance of evidence is evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto.[1]Section 1,[2] Rule 133 of the Rules of Court mandates that, in civil cases, the party having the burden of proof must establish his case by a preponderance of evidence. By preponderance of evidence, according to Raymundo v. Lunaria,[3] means that the evidence as a whole adduced by one side is superior to that of the other.

Greater weight of the evidence means the more persuasive and convincing force and effect of the entire evidence in the case. A claim [or defense] is proven by the greater weight of the evidence if you find, from the evidence presented in court, that the claim [or defense] is more likely true than not true.[4]

[1] Bank of the Philippine Islands v. Spouses Royeca, 581 Phil. 188, 194 (2008).

[2] Section 1. Preponderance of evidence, how determined - In civil cases, the party having burden of proof must establish his case by a preponderance of evidence. In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider 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 there are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of witnesses, though the preponderance is not necessarily with the greater number.

[3] G.R. No. 171036, October 17, 2008, 569 SCRA 526, 532.


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