In each case, one side has the "burden of proof.

" Having this burden means the party

must prove its case to the "trier of fact"—judge or jury, whoever is weighing the
evidence. The burden of proof can shift from one side to the other during a hearing or
a trial depending on the kind of case.

Burden of evidence refers to the duty of a party to proceed with evidence at

the beginning, or at any subsequent stage, of the trial, in order to make or
meet a prima facie case.

A presumption of innocence means that any defendant in a criminal trial is

assumed to be innocent until they have been proven guilty. As such, a
prosecutor is required to prove beyond a reasonable doubt that the person
committed the crime if that person is to be convicted.

A conclusive presumption is a presumption that is so strong, that no evidence

will be allowed to rebut or overcome it. For example, in some states, when a
couple is married and the wife gives birth, the presumption that the husband
is the child's father is a conclusive presumption, regardless of how much
evidence there is to the contrary. A conclusive presumption is also referred to
as an absolute presumption or an irrebuttable presumption.

Conclusive presumptions may not be controverted. (2) All presumptions, other than
conclusive presumptions, are disputable presumptions and may be controverted. A
disputable presumption may be overcome by a preponderance of evidence contrary to
the presumption.

An inference is a conclusion that the judge or jury may make under the circumstances. An
inference is never mandatory but is a choice. For example, if the prosecution proves that the
defendant punched the victim in the face after screaming, “I hate you!” the judge or jury can
infer that the punch was thrown intentionally.

A presumption is a conclusion that the judge or jury must make under the circumstances. As
stated previously, all criminal defendants are presumed innocent. Thus the judge or
jury must begin any criminal trial concluding that the defendant is not guilty.

For example, in some states, when a couple is married and the wife gives birth, the
presumption that the husband is the child's father is a conclusive presumption,
regardless of how much evidence there is to the contrary.

Disputable presumptions. All other presumptions are "disputable presumptions" and

may be controverted by other evidence. The following are of that kind:
 (1) A person is innocent of crime or wrong.
(2) An unlawful act was done with an unlawful intent.
(3) A person intends the ordinary consequence of the person's voluntary act.
(4) A person takes ordinary care of the person's own concerns.
(5) Evidence willfully suppressed would be adverse if produced.
(6) More satisfactory evidence would be adverse if weaker and less satisfactory
evidence is offered and it is within the power of the party to offer more satisfactory
evidence.
(7) Money paid by one to another was due the latter.

Quantum of evidence based on the case. Firstly it will find out that
in which category of the particular case will fall. Simply quantum is
the amount of evidence needed, the quality of proof is how reliable
such evidence should be considered. On the other hand quantum of
evidence means that how much evidence will be given in particular
cases. Quantum of evidence solely based on the quality of all
evidence that will be provided in a particular case. For example:- if
in any particular case the hearsay evidence has been shown in the
front of the court then the quantum of other evidence will be high
because the hearsay evidence is less reliable. In the continuance of
example if in any particular case the dying declaration is given then
the quantum of other evidence will be less because the dying
declaration is highly reliable evidence.

Proof beyond reasonable doubt. — In a criminal case, the accused is entitled to an

acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a degree of proof, excluding possibility of error,
produces absolute certainly.

Substantial evidence means evidence possessing something of substance and

relevant consequence, and which furnishes substantial basis of fact from which
issues tendered can be reasonable resolved. It is evidence that a reasonable mind
might accept as adequate to support a conclusion, but is less than a preponderance.

“Clear and convincing evidence” is a medium level burden of proof which

must be met for certain convictions/judgments. This standard is a more
rigorous to meet than preponderance of the evidence standard, but less
rigorous standard to meet than proving evidence beyond a reasonable
doubt. The clear and convincing evidence standard is employed in
both civil and criminal trials.
An electronic document is admissible in evidence if it complies with the rules on
admissibility prescribed by the Rules of Court and related laws and is authenticated in
the manner prescribed by these Rules.

For the Court to consider an electronic document as evidence, it must pass the test of admissibility.
According to Section 2, Rule 3 of the Rules on Electronic Evidence, "[a]n electronic document is
admissible in evidence if it complies with the rules on admissibility prescribed by the Rules of Court
and related laws and is authenticated in the manner prescribed by these Rules."

Judicial notice is used by a court when it declares a fact presented as

evidence as true without a formal presentation of evidence. A court can take
judicial notice of indisputable facts. If a court takes judicial notice of an
indisputable fact in a civil case, the fact is considered conclusive.
Judicial notice, when hearing necessary. — During the trial, the court, on its own
initiative, or on request of a party, may announce its intention to take judicial notice of
any matter and allow the parties to be heard thereon.

RULE 129
WHAT NEED NOT BE PROVED

Section 1. Judicial notice, when mandatory. - A court shall take judicial notice, without the
introduction of evidence, of the existence and territorial extent of states, their political history, forms
of government and symbols of nationality, the law of nations, the admiralty and maritime courts of
the world and their seals, the political constitution and history of the Philippines, official acts of the
legislative, executive and judicial departments of the National Government of the Philippines, the
laws of nature, the measure of time, and the geographical divisions. (1a)