BURDEN OF PROOF

 Duty of a party to present evidence of facts in issue necessary to establish

his claim or defense by the amount of evidence required by law.
 Only exists in connection with a fact in issue
 Right to have the burden of proof properly placed is a VALUABLE RIGHT
 Purpose: facilitating justice by service the convenience of the court

FACTS IN ISSUE
 Facts which a plaintiff must prove in order to establish his claim and those
facts which the defendant set up by him, but only when the fact alleged by
one party is not admitted by the other
× Facts admitted, impliedly/expressly, are NOT facts in issue
 To determine the relevance of the evidence: pleadings must be first looked
into
 The party upon whom is cast the burden of proof is obligated to prove his
own case
 Party having the burden of proving a fact is not required to introduce
evidence if the necessary proof is introduced by his adversary
 Neither is he under any obligation to prove that which is not made an issue
in the case by the pleadings

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By the amount of evidence required by law
 Refers either to constitutional provisions, statutes or rules
Criminal case Proof beyond reasonable doubt
 moral certainty only is required
 degree of proof which produces conviction in an
unprejudiced mind
Civil case Preponderance of evidence
 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 they 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
Administrative case Substantial evidence
 amount of relevant evidence which a reasonable
mind might accept as adequate to justify a
conclusion
Other Clear and convincing evidence

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BURDEN OF EVIDENCE
 that logical necessity which rests on a party at any particular time during the
trial to create a prima facie case in favor, or to overthrow one when created
against him
BURDEN OF PROOF BURDEN OF EVIDENCE
Never shifts Shifts to one party when the other has
produced sufficient evidence to be
entitled as a matter of law to a ruling
in his favor
Remains throughout the entire case no necessary connection with the trial;
where the pleadings originally placed determined by the progress of the trial
Party who substantially asserts the rests on the party who has the
affirmative of the issue affirmative of the issue

Rule as to burden of proof in civil cases

 Plaintiff has the burden of proving the material allegations of the complaint
which are denied by the answer
 And defendant has the burden of proving the material allegations in his
answer, which sets up new matter
 If plaintiff failed to satisfactorily show facts upon which he bases his claim,
defendant is not obligated to prove his defense

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  In any proceeding, this lies at first on the party against whom the
judgment of the court would be given
 Resort must be had to the allegations of the pleadings in a given case to
determine who affirms
 Generally framed that the plaintiff is the affirmant/actor who must prove
the ultimate issue
o Reason: he who seeks to invoke the action of the court in his behalf in
the first instance

Rule as to the burden of proof in criminal cases

 On the Prosecutions
 Beyond reasonable doubt
 Must prove the ff:
o Elements of the offense with which the accused is charged
o If proof fails to establish any of the essential elements, defendant
is entitled to an acquittal
 Burden is never on the accused to prove his innocence

Effect of a legal presumption upon the burden of proof and burden of

evidence
 To create the necessity of presenting evidence to meet the prima facie case
created thereby which will prevail if no proof to the contrary is offered.
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 I. OFFER & OBJECTION TO EVIDENCE
A. OFFER OF EVIDENCE
 Any evidence which a party desires to submit for the consideration of the
court must be formally offered
 Purpose for which the evidence is offered must be specified
 It is important because the court rests its findings of facts and judgment
only and strictly upon the evidence offered.
 Unless admitted, evidence is merely a scrap paper

B. OFFER OF TESTIMONIAL EVIDENCE

 Must be made at the time the witness is called to testify
 Party calling the witness must give the gist and what it seeks to establish
o Purpose: to enable the court to determine whether the intended
testimony would ascertain fact in issue
 SECTION 39. Striking out answer. — Should a witness answer the
question before the adverse party had the opportunity to voice fully its
objection to the same, and such objection is found to be meritorious, the
court shall sustain the objection and order the answer given to be stricken
off the record. On proper motion, the court may also order the striking out
of answers which are incompetent, irrelevant, or otherwise improper.

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C. OFFER OF DOCUMENTARY AND OBJECT EVIDENCE
a. Offered after a party’s testimonial evidence
b. Done orally, unless the court allows it to be written; purpose must
be stated
c. After all the witnesses have given their testimonies on the witness
stand, documentary & object evidence are formally offered
d. Whenever a writing is shown to a witness, it may be inspected by
the adverse party
D. Reason for requiring that evidence be formally offered
a. Inform the court what the party making the offer intends to prove
b. Necessary in order to preserve an exception to a ruling of trial
court
c. GR: party offering evidence must show relevancy, materiality and
competency
d. XPN: if evidence does not appear to be relevant/competent or
propounds to witness an interrogatory which appears to call an
irrelevant answer, MUST MAKE A FORMAL OFFER OF PROOF
SHOWING WHAT TESTIMONY HE PROPOSES TO ADDUCE &
INTENTION TO PROVE OTHER FACTOR WHICH WILL
RENDER EVIDENCE RELEVANT

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 e. Purpose for which apparently irrelevant evidence offered must be
disclosed
 Functions of offering of evidence:
a. Enable trial judge to know the purpose/s for which the proponent is
presenting evidence
b. Allow opposing parties to examine evidence and object to its
admissibility
c. Facilitate review by the appellate court, which will not be required
to review documents not previously scrutinized by the trial court
E. Reason for requiring that the purpose for which the evidence must
be specified
a. Reason:
a. Evidence may be admissible for special purpose, but not
generally
b. may be admissible for one purpose
c. evidence may be rejected if it is offered for several purposes
d. the court may exclude evidence, although admissible, for which
it is offered and such exclusion is not reversible error: if purpose
is improper

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 b. Rulings:
a. Evidence is inadmissible generally but admissible for a specific
purpose, purpose must be stated, else, the court mat exclude
b. Evidence is composed of several items, may be included, but
not when there are objections
F. Imperfect offer of Evidence
a. Instances:
b. If the fact offered is admissible ONLY for a certain purpose OR when
taken in connection with another fact
c. Two or more facts/ purposes are stated in a single offer (one-
admissible, one-defective) – counsel must make a separation
d. Offer of fact for a specified inadmissible purpose
e. Multiple admissibility: offer for a specified admissible purpose is
sufficient, even though there was an inadmissible purpose not named
G. Formal offer of REJECTED exhibits
a. Unite records which have been rejected, such rejection must be
permitted by the judge a quo to be attached to the record even if
not admitted > court adquem may exhibits such and whether
rejection was erroneous

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H. Renewal of Offer
a. Where evidence is inadmissible when offered and excluded, but later
becomes admissible, must be re-offered unless such will be declared
useless by the court
b. If once ruled out, must be timely made
I. Failure to renew offer=waiver
a. Court identifies an initially incompetent evidence to be material
and informs the party offering before evidence is closed but the
latter declines=waiver of former exception
J. Withdrawal of evidence
a. Withdrawal is NOT a matter of right
b. May withdraw an offer at any time before the court has passed on
its admissibility
c. Court may refuse to permit a party to withdraw evidence elicited
on cross-examination
d. Party may not complain of withdrawal where he accompanies
objection with declaration that he will not use it
e. May withdraw improper, irrelevant, immaterial
f. May withdraw evidence he has issued when it is not properly
connected

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K. Tender of excluded evidence (offer of proof)
a. The court may have the list attached as part of record
b. If orally excluded: offeror must state the name & other
circumstances of the proposed testimony
L. Offer of Proof of Documentary/Object Evidence
a. Offeror/party producing the evidence may have the same attached to or
made part of the record
a. Purpose: protect, for purposes of appeal, the party whose evidence is
rejected
M. Offer of Proof of Oral Evidence
a. If orally excluded: offeror must state the name & other circumstances of
the proposed testimony and what counsel expects to prove by such
evidence
N. Presence of witness necessary
a. Requisites:
a. Offer to prove
b. Witnesses must be present

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O. When statement of what counsel expects to prove unnecessary
 Offer of proof is NOT necessary where the question is proper in form and
clearly admits of an answer relative to the issue and favorable to the
party who called such witness


P. EXCEPTIONS: Evidence formally offered before the trial court can be

considered is relaxed where two requisites concur:
a. Evidence was duly identified by the testimony duly
recorded
b. Was incorporated in the records of the case
Additional:
c. Judicial notice
d. Judicial admissions
e. Trial court determines credibility of witnesses through demeanor

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 II. OBJECTION TO EVIDENCE
A. Rule on Objection
 To stop an answer to a question put to a witness
 Prevent the receipt of a document in evidence until the court has ruled
as to its admissibility
 Function:
a. Signify that there is an issue of law
b. Give notice to the terms of the issue
B. Time for interposing objection
 Evidence offered orally/in writing
 Objection must be made immediately after the offer is made,
stating the grounds
 In writing: objected within 3 days after notice of offer, unless
otherwise stated
 Question propounded during oral examination
 Made as soon as the grounds therefore shall become
reasonably apparent
 From the question addressed/ answered by the witness OR
from the presentation of proof of inadmissibility of evidence
 Purpose: so that the party propounding it may have the
opportunity to amend it if the same is open to objection made

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  An objection to the form of a question as leading must be
interposed before the question is answered
C. Right of party’s counsel to object
 TC is without power to deprive the counsel to make objections
 Initiative is left to the counsel
 If party has 2 counsels, examination in chief of a witness done by the
other does not warrant the court in refusing to receive objections by the
other on cross-examination
D. Objection by trial judge not commendable
 Objection of a TC judge in objecting a question on CE and then
sustaining the same = not commendable
E. Mode of making objections
 State the grounds for objection. Specified
 Purpose: judge may rule without searching for possible objections
a) General Objection – incompetent, illegal, irrelevant, improper
 Will not avail if part of the evidence objected to is
admissible
 Sufficient if ground is so manifest
 Evidence en bloc – objection of the same without pointing out specifically
the portion claimed to be inadmissible = properly overruled

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  If party fails to object to evidence which is partially admissible is deemed
to have waived his right to object
b) Specific Objection – states how/why the evidence is irrelevant/
incompetent
 A specific objection overrules will be effective to the extent of grounds
specified
F. Waiver of objections
 Objections may be waived expressly
 Implied waiver = failure to make objection on time
 Failure to object will render admissible an incompetent evidence
 Failure to object is not a waiver of the right to question legal effect of
evidence
G. Striking out answer
 Witness answers before the adverse party objects; and if objection is
meritorious, court shall sustain the objection and order the answer be
stricken off
 On proper motion, court may also order the striking out of answers
which are incompetent/irrelevant/improper
 Failure to interpose timely objection = waiver of right

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H. When motion to strike out improper
 A party cannot insist that competent/relevant evidence be stricken out
for the ff reasons:
 Weight
 Sufficiency
 Credibility
 Because it proves unfavorable the statement of a witness
 The court may, upon motion, strike out an answer where meaning of
the part left is not changed
 But cannot strike out qualifying words in the answer which will change
the same into a positive statement, or to strike out part of answer so as
to leave it unintelligible
I. Time for motion to strike
 Inexcusable delay in moving to strike out objection is a ground for
denying the motion
 When the court may strike out:
 on its own: Incompetent/irrelevant evidence, even though the
same had been previously admitted without objection
 upon its motion: strike out evidence improperly admitted at any
time during or before close of trial or during the closing of
argument of counsel

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J. Form of motion to strike
 A motion to strike out evidence is properly denied if it is not sufficiently
definite.
 Must be specific as to what evidence is to strike out
 But where the party is not misled as to the evidence objected to, may be
made in general motion
 Motion to strike out consists of 2 sheets of paper, 1 is admissible =
motion denied
 Where only part is admissible, without specifying the particular part =
general motion to strike is denied
o This rule is INAPPLICABLE where the admissible portion is
preliminary or mere incident of the testimony and not
controverted
K. When repetition of objection is unnecessary
 GR: Single objection to a CLASS OF EVIDENCE when first offered =
sufficient
 XPN: Where subsequent evidence is not of the same kind as that
previously admitted over objection

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L. Where evidence admitted on condition
 And its competency is to be proved by further evidence and condition is
not fulfilled =
a) objection formerly imposed must be repeated or
b) motion to strike out evidence must be made
 where the court admits documents over objection, with a statement
that the objection might be renewed if materiality is not shown,
subsequently other evidence bearing materiality of such documents is
offered, objecting party waives objection unless renewed.
M. Where the same evidence is re-offered
 At the last stage of the trial, it must be renewed
 If offered under new developments and admitted without objection,
failure to object was waiver of any ground of objection
N. Ruling of the court
 Must be given immediately after objection is made
 Unless the court may desire to take time to be informed on the question
asked
 Ruling shall always be made during trial and at such time as will give
the party against whom it is made an opportunity to meet the situation
presented by the ruling

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  If the court reserves it ruling on an objection, objecting party must
request a ruling, otherwise he would be deemed to have waived the
objection
 Ruling must be clear and definite
 Reason for the exclusion is unclear, counsel may request the court for its
reason
 Ruling of the court on the objection does not preclude the counsel from
securing reconsideration
 Court need not state the reason for sustaining/overruling an objection
 If based on 2/more grounds, a ruling sustaining the objection on
1/some of them must specify the ground/s
O. New trial not generally allowed on improper admission or rejection
of evidence
 If it shall appear to the court which such objection is raised that,
independently of the evidence objected to and admitted, there was
sufficient evidence to justify the decision OR if rejected evidence
has been received, it ought not have varied the decision
 Otherwise, new trial should be granted.

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