BURDEN OF PROOF
INTERPRETATION of Section 104: Burden of Proof
This section outlines the principle of burden of proof in legal proceedings. It assigns responsibility
for proving the existence of facts to the person asserting them. Below is an interpretation of its key
elements and the provided illustrations.
Key Principles
1. General Rule:
o The person who asserts a fact that is essential to their legal claim or defense must
prove that fact in court.
o This responsibility is referred to as the burden of proof.
2. Burden Lies on the Asserting Party:
o The burden of proof lies with the person making a claim, whether it is to establish a
legal right, liability, or some other fact that supports their case.
3. Court’s Role:
o The court will not assume facts but requires evidence to support any claim made by
the asserting party.
Illustrations and Their Explanation
Illustration (a):
o If A accuses B of committing a crime and seeks a court judgment to punish B, A must
provide evidence that B committed the crime. The burden of proof is on A because
they are asserting the fact of B’s guilt.
o Example: If A claims that B stole a car, A must bring witnesses, documents, or other
evidence to prove this claim.
Illustration (b):
o If A claims ownership of land currently in B's possession, A must prove the facts
supporting this claim. This could include presenting documents like a deed or other
evidence of ownership. If B denies A’s assertions, the burden does not shift to B
unless A meets the initial burden of proof.
o Example: A presents a purchase agreement as evidence of ownership. B may
counter by arguing the document is invalid, but A must first establish the purchase
agreement's authenticity.
,Practical Implications
Civil Cases:
o In property disputes or claims over contractual obligations, the plaintiff usually bears
the burden of proof to establish their rights.
Criminal Cases:
o The prosecution must prove the guilt of the accused beyond a reasonable doubt.
This aligns with the principle that the accused is presumed innocent until proven
guilty.
Key Takeaways
The burden of proof remains with the person making the assertion unless explicitly shifted
by law.
The nature of the fact (civil vs. criminal) affects the degree of proof required:
o Civil: Preponderance of evidence.
o Criminal: Beyond a reasonable doubt.
Courts require evidence, not mere assertions, to decide a case.
,INTERPRETATION of Section 105: On Whom Burden of Proof Lies:
This section establishes a key principle in the law of evidence regarding who bears the burden of
proof in a legal suit or proceeding. The burden of proof refers to the obligation of a party to prove
their assertions in a case.
Key Principles
1. Burden of proof lies on the party who would lose if no evidence were presented:
o If neither side provides any evidence, the court must decide based on the default
position of the law.
o The party whose claim or defense would fail in such a situation carries the burden of
proof.
2. The determination of burden of proof depends on the initial state of rights and claims:
o If a person is in possession of property, the law presumes their right to retain
possession unless proven otherwise.
o If a document, such as a bond, is undisputed in its existence and execution, the
person challenging its validity bears the burden to prove their allegations.
Illustrations (Explained)
(a) Case of A vs. B regarding land possession
Facts:
A claims that land possessed by B was left to A by the will of C (B's father).
Default Rule: B is in possession, so the law presumes B's right to the land unless A proves
otherwise.
Outcome: If neither party provides evidence, B retains possession.
Burden of Proof: Lies on A to prove that the will granted them ownership.
(b) Case of A vs. B regarding a bond obtained by fraud
Facts:
A sues B for money due on a bond. The execution of the bond is admitted, but B alleges that
it was obtained by fraud.
Default Rule: A’s claim succeeds because the bond’s validity is presumed unless fraud is
proven.
Outcome: If neither party provides evidence, A succeeds.
Burden of Proof: Lies on B to prove the allegation of fraud.
Legal Implications
Presumption of Regularity: Courts presume that the status quo or existing rights are valid
until disproven.
, Burden Shifting: While the initial burden lies on one party, it may shift depending on the
evidence presented.
Key Takeaway
The party seeking to change the status quo or relying on a special defense (e.g., fraud) bears the
burden of proof. Courts use this principle to determine how cases proceed and allocate
responsibilities for presenting evidence.
INTERPRETATION of Section 104: Burden of Proof
This section outlines the principle of burden of proof in legal proceedings. It assigns responsibility
for proving the existence of facts to the person asserting them. Below is an interpretation of its key
elements and the provided illustrations.
Key Principles
1. General Rule:
o The person who asserts a fact that is essential to their legal claim or defense must
prove that fact in court.
o This responsibility is referred to as the burden of proof.
2. Burden Lies on the Asserting Party:
o The burden of proof lies with the person making a claim, whether it is to establish a
legal right, liability, or some other fact that supports their case.
3. Court’s Role:
o The court will not assume facts but requires evidence to support any claim made by
the asserting party.
Illustrations and Their Explanation
Illustration (a):
o If A accuses B of committing a crime and seeks a court judgment to punish B, A must
provide evidence that B committed the crime. The burden of proof is on A because
they are asserting the fact of B’s guilt.
o Example: If A claims that B stole a car, A must bring witnesses, documents, or other
evidence to prove this claim.
Illustration (b):
o If A claims ownership of land currently in B's possession, A must prove the facts
supporting this claim. This could include presenting documents like a deed or other
evidence of ownership. If B denies A’s assertions, the burden does not shift to B
unless A meets the initial burden of proof.
o Example: A presents a purchase agreement as evidence of ownership. B may
counter by arguing the document is invalid, but A must first establish the purchase
agreement's authenticity.
,Practical Implications
Civil Cases:
o In property disputes or claims over contractual obligations, the plaintiff usually bears
the burden of proof to establish their rights.
Criminal Cases:
o The prosecution must prove the guilt of the accused beyond a reasonable doubt.
This aligns with the principle that the accused is presumed innocent until proven
guilty.
Key Takeaways
The burden of proof remains with the person making the assertion unless explicitly shifted
by law.
The nature of the fact (civil vs. criminal) affects the degree of proof required:
o Civil: Preponderance of evidence.
o Criminal: Beyond a reasonable doubt.
Courts require evidence, not mere assertions, to decide a case.
,INTERPRETATION of Section 105: On Whom Burden of Proof Lies:
This section establishes a key principle in the law of evidence regarding who bears the burden of
proof in a legal suit or proceeding. The burden of proof refers to the obligation of a party to prove
their assertions in a case.
Key Principles
1. Burden of proof lies on the party who would lose if no evidence were presented:
o If neither side provides any evidence, the court must decide based on the default
position of the law.
o The party whose claim or defense would fail in such a situation carries the burden of
proof.
2. The determination of burden of proof depends on the initial state of rights and claims:
o If a person is in possession of property, the law presumes their right to retain
possession unless proven otherwise.
o If a document, such as a bond, is undisputed in its existence and execution, the
person challenging its validity bears the burden to prove their allegations.
Illustrations (Explained)
(a) Case of A vs. B regarding land possession
Facts:
A claims that land possessed by B was left to A by the will of C (B's father).
Default Rule: B is in possession, so the law presumes B's right to the land unless A proves
otherwise.
Outcome: If neither party provides evidence, B retains possession.
Burden of Proof: Lies on A to prove that the will granted them ownership.
(b) Case of A vs. B regarding a bond obtained by fraud
Facts:
A sues B for money due on a bond. The execution of the bond is admitted, but B alleges that
it was obtained by fraud.
Default Rule: A’s claim succeeds because the bond’s validity is presumed unless fraud is
proven.
Outcome: If neither party provides evidence, A succeeds.
Burden of Proof: Lies on B to prove the allegation of fraud.
Legal Implications
Presumption of Regularity: Courts presume that the status quo or existing rights are valid
until disproven.
, Burden Shifting: While the initial burden lies on one party, it may shift depending on the
evidence presented.
Key Takeaway
The party seeking to change the status quo or relying on a special defense (e.g., fraud) bears the
burden of proof. Courts use this principle to determine how cases proceed and allocate
responsibilities for presenting evidence.
