THE BURDEN OF PROOF

AND PRESUMPTIONS
Prof. Jojo Abad, MPA
INTRODUCTION

It is difficult to fully appreciate the significance of the terms

“burden of proof” and “presumption” without first attempting to
understand the common ambiguity they have traditionally
shared. In common cases, a presumption imposes the burden
of proof upon the party against whom presumption is operable.
In certain cases however, a presumption creates a burden
which legally cannot be overcome. It is the interplay between
presumptions and burden of proof which is focus of this study.
STATUS QUO
• Status quo is a Latin term meaning the existing state of
affairs. It is a commonly used form of the original Latin "statu
quo" – literally "the state in which". To maintain the status
quo is to keep the things the way they presently are. The
related phrase "status quo ante", literally "the state in which
before", means "the state of affairs that existed previously"
PRESUMPTION
Presumption is the tendency of favoring one side of
an argument over another. There are at least two
forms of presumption.

• Judicial presumption- Judicial presumption always

favors the status quo or keeping things they way they are
currently. Small changes can be made but the existing
structure is not going to be different.
• Policy presumption- The policy form of presumption is
used when change is necessary to the status quo.
BURDEN OF PROOF
A burden of proof may rest on either the affirmative or
the negative. Whoever introduces an issue into the
debate has a burden of proof. The advocate must
support the argument he or she introduces.

The theory of the burden of proof is an application of

the Latin maxim: “Ei incumbit probatio, qui dicit, non
qui negat.” To present evidences and arguments to
establish a claim is called burden of proof.
BURDEN OF REFUTATION

Either side may also have a burden of refutation—the

obligation to refute, or respond to, opposing
arguments. This burden also referred to as the
burden of “clash” rests on the advocate whose case
is weakened by an argument advanced by an
opponent.
END OF PRESENTATION