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5th meeting

Burden of proof
Who has the burden of proof in disbarment cases?
The Complainant has the burden of prove by establishing his claim by clear and convincing against the lawyer being disbarred. But in
another case, the evidence required is proof beyond reasonable doubt. This is an administrative case, but in such a case the proof
required is substantial evidence. But in a disbarment case, its either clear and convincing evidence or proof beyond reasonable
doubt.
Who has the burden of proof with respect to an insurance claim?
Initially, the beneficiary has the burden of proving that the cause of injury is caused by a covered peril. For example, the house is
burned, the insured has to prove that the house was burned and it is a covered peril. Once it is established, the burden shifts to the
insurer to show that the injury was rather caused by an exempted peril stipulated by the parties. For example, the fire was caused by
explosion which is excluded by the insurance. So the burden is upon the insurance company to show that explosion is an exempted
peril.
Who has the burden of proof in the following cases:
Claim for the purpose of preliminary attachment?
If the defendant who has been guilty of fraud, it is usually the plaintiff who has the burden of proof by clear and convincing evidence.
Validity of a law that tends to infringe freedom of speech and expression?
It has to be shown that it does not violate freedom of speech and expression.
In case of constitutionality of a statute?
Also by clear and convincing evidence.
The claim for extraordinary inflation.
Also by clear and convincing evidence
The executive departments claim of privilege from disclosing confidential information?
Also by clear and convincing evidence
What is the test in determining where the burden of proof lies?
The test is to ask, in case of a pleading, which party to an action will fail to obtain the relief he seeks if you offer no evidence to show
the facts that entitles him to such relief.
There are two kinds of defense in proceedings. One is denial. There is denial when you deny that you borrowed money from the other
party. The plaintiff has the burden of proof to show that you owe him money. But if your defense is an affirmative defences that you
already pay him, it means to say that you admit that you owed money but you have the affirmative defense of payment. Here, you
bear the burden because in a way you admit liability but your defense is payment.
Does the burden of proof shifts from one party to the other?
No. In a criminal case, the burden of proof is on the prosecution. After the prosecution has presented evidence, the burden of proof
does not shift to the accused, only the burden of evidence.
What is burden of evidence?
It is the duty of a party to go forward with evidence to overthrow the prima facie evidence against him. For example, in a civil action
for damages arising from the negligence of the defendant, the burden of evidence naturally shifts to the defendant to prove that he
was not negligent. Unless the defendant moves forward to presenting evidence, it is likely that the judgment will be rendered against
him.
What is the quantum of proof in a criminal case?
Proof beyond reasonable doubt.
Does it preclude possibility of error?
No.
What kind of certainty is required?
Moral certainty. That which produces conviction in an unprejudiced mind.
Does the quantum of evidence apply to all elements of a crime charged?
Yes.
What is the quantum of evidence required in civil cases?
Preponderance of evidence to be established by the one who asserts his claim. The one who has a stronger evidence. Both plaintiff
and the defendant with respect to their respective claim.
What factors must the court consider in ascertaining which of the parties has the preponderance of superior weight?
All the facts and circumstances of the case; the witness manner of testifying; the intelligence of the witness; the duty to know the
facts and its nature.
May the court consider the number of witnesses?
It is the quality and weight of the testimony that is being considered.
What quantum of evidence is required in an administrative case?
Substantial evidence that is what a reasonable mind considered adequate to justify a conclusion. A Reasonable mind is the one who
can see reason and logic.
What is the quantum of evidence required in establishing a claim in a petition for writ of habeas corpus?
Substantial evidence which is the weakest kind. The highest kind of proof is proof beyond reasonable doubt and next is clear and
convincing evidence then preponderance of evidence. Substantial evidence doesnt mean it requires large amount of evidence but
rather it means substantially sufficient.
The petitioner needs to show the likelihood that the missing person is with the military. They dont need to prove the liability of the
military by clear and convincing evidence or by proof beyond reasonable doubt.
Will being absolved in a administrative case guaranteed the acquittal from the criminal case?
No. They are independent from each other. The quantum of proof is different.
What is the requirement of clear and convincing evidence?
If it produces in the mind of the trier of fact a frim belief or conviction as to allegations sought to be established. The rules does not
provide when do you apply this kind of evidence. Some examples are in cases of extradition, acts of notarizing public document, in
acts to establish bad faith, to prove fraud and forgery in civil action, in reconveyance of property, to prove frame-up in drugs cases, to
prove denial or alibi, to warrant award of moral damages in labor cases and to overcome the presumption of regularity in the
performance of duty by police officer.
There is no pattern in the SCs demand for clear and convincing evidence. if the charge appears to them to be more serious than civil
cases but less serious than criminal case, it requires clear and convincing evidence. Although there is no rational common thread
here.
What are the factors to be considered in assessing the probative weight of electronic evidence?
1. The manner the evidence was generated.
2. The reliability of the manner in which its originator was identified;
3. thr integrity of the information and communication;
4. the familiarity of the witness or the person who made the entry with the communication and information system;
5. The nature and quality of the information which went into the communication and information system.
How are the above factors established?
By the affidavit stating the facts of direct personal knowledge of the affiant or based on authentic records.
Judicial Notice
What Is the duty of a litigant with respect to their claims against each other?
By proving all the facts that the court ought to know with respect to his claim.
Does a party need to present evidence to prove every fact that needs to support him?
No. There are facts that the court can take judicial notice of. It is acknowledgment of a point as a matter of fact and no evidence is
needed to establish them.
What are those matters of fact that the court can take judicial notice of?
Sec 1 Rule 129: The existence and territorial extent of states, their political history, forms of government and symbols of nationality,
the law of the nations, the admiralty and marine courts of the world and their seals, the political constitution and history of the
Philippines, the official acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of
time, and the geographical divisions.
What makes these facts deemed proven even no evidence has been adduced regarding them?
They are commonly known facts. Everybody knows these facts. Convenience and expediency demand their acceptance as facts.

Why it is required to take judicial notice of the decisions of the Supreme Court?
The decisions of the SC are binding precedents.
Can the court take judicial notice of a partys affidavit attached to his pleading but which is not offered in evidence?
No. Although it is in the record, it must be offered as evidence because the court can only considered those that are offered.
Can the court take judicial notice of the facts of the act of the president in agreeing in a foreign government that
there is continuance of the project agreement?
Yes because it is an official act of the president.
Can the judge refuse to take judicial notice of the facts mandated by the rules if in reality he is not aware of such
facts?
No. He is supposed to know those facts and be knowledgeable about it. He should inform himself of what is commonly known and
accessible.
May the court take judicial notice of the acts of foreign government?
Yes. But the court should take caution of it. The court must take caution of foreign relations. Anything that affects us and foreign
country and falls within the realm of the executive department, we must take judicial notice of.
May the court take judicial notice of a state of war between foreign powers?
Yes.
When is judicial notice discretionary on the part of the courts?
When it concerns matters of public knowledge (limited audience) not common knowledge (everybody knows it), when it is capable of
unquestionable demonstration and when it is ought to be known to the judges because of their judicial function.
What is the test for taking judicial notice of matters of public knowledge?
When it is notoriously known. It is notoriously known as to make a judge or the court to assume its existence without proof or without
presenting evidence. for example, UST is in Espana.
Must all men have knowledge of the thing before the court take judicial notice of it?
No. It is sufficient that most men or a greater number has the knowledge of it. Universality of knowledge is not required.
What are the requisites of discretionary judicial notice?
1. it must be one of common knowledge.
2. it must be settled beyond reasonable doubt
3. the knowledge must exist within the jurisdiction of the court.
What are the things of common knowledge?
When it is generally accepted by the mind of mankind or of thse accepted by the rational mind.
What are those matters that are capable of unquestionable demonstrations?
Those that are certain in scientific and professional matters.
Can the court take judicial notice of a value of piece of land subject of appropriation?
No because the value of land is not of common knowledge. He just needs to call witnesses to testify regarding the value of the land.
When is hearing necessary in taking judicial notice of a fact?
Motu Propio and upon motion of the parties. (Justice Abad said it is both)
Can the taking of judicial notice be done in appellate court?
Yes.
What is the purpose of notice and hearing?
To determine the propriety of the taking of judicial notice because a party can dispute such.
May the court take judicial notice of foreign laws?
GR: NO.
XPN: if it is alleged and when a foreign law is already been invoked in a decision of the SC.
How are foreign laws proved?
By its official publication or by the attestation of the appropriate official of Philippines for such country. (Google citation is now
accepted by the SC.)
To what law of nations refer?
They refer to international law, the generally accepted principles.
Can the court take judicial notice of municipal ordinances?
Yes, RTC and MTC can take judicial notice of ordinances. Also CA can take judicial notice of such.
A Manila RTC Judge take a judicial notice of a fact that Vicente G.Cruz Street is in Sampaloc Manila. Can he do so even
though that it is not a nationally known fact?
Yes. Even though it is not nationally known, it is sufficient that the matter is known in the local community where the court sits. Also
that segment of the public which the fact is of relevant importance or to specialized group of people that deals with such matters (i.e
map makers?)
Can a court take judicial notice of a fact of paternity of a child even though he is not a physician?
Yes.
Can a court take judicial notice of learned witnesses(?)?
Yes. Examples are text books of which the writer is well-known as experts.
Are administrative rules issued by government agencies subject to judicial notice?
Yes. They are capable of unquestionable demonstration even though they are not notoriously known.
Unquestionable demonstration essentially refers to scientific and professional matter.
Are presidential proclamations subject to judicial notice?
Yes
May the courts take judicial notice of executive grants of amnesty?
It depends. If it is publicized, yes. But not necessarily on specific orders of executive clemency.
Can the court take judicial notice of an affidavit attached to the record of the case when it is not offered?
No. Unless it is for the purpose of attaching it as information, it must be formally offered. It will only be introduced not as to the
matters of its contents but only to its existence. But if it is attached to the preliminary investigation ot determine probable cause,
yes.
May a court take judicial notice of the record of other cases solved before it?

GR: No. There will be unfairness to the other party who does not aware about it. It will deny due process.
XPN: When will a court take judicial notice of the record of other cases?
1. in the absence of any objection and with the knowledge of opposing party, the contents of said other case are clearly referred to by
title an number in a pending action adopted or read into the record of the latter
2. When the original record of the other case or any part of it is actually withdraw from the archives at the courts discretion upon the
request or with the consent of the parties and admitted as part of the record of the pending case.
Can the court take judicial notice of the following:
Its own acts and records of the same case? Yes
Proprietary acts of GOCCs? No
Post Office practices? No
Practices of Bank practices? Yes
Financial deficiencies of governments? Yes
Executive orders of President? Yes
Increased in rentals of real estate? Yes
Administrative regulations not yet effective? No
Age of complainant in a rape case? No
Parctice of teleconferencing? Yes
Filipino Womans inbred modesty and shyness? Yes
Clogged dockets in some courts? Yes
Findings that scientific drug abuse can damage mental faculties? Yes
Person have killed for no reasons at all? Yes
New address of a lawyer? No
Address of Standing of a person in community? No
Residence of a congressman? Yes
Can a court take judicial notice of defendants claim that his coconut business in Tacloban City suffered financial
reversion in 2013 because of Yolanda?
Yes.
Can the court affirm that Pres. Estrada abandoned his position?
Yes.
Can a court take judicial notice of the fact that wickedness abounds in the cyberspace prompting the enactment of the
law regulating abuse?
Yes.
Can the court take judicial notice of the fact that Philippine rate population is exploding prompting the enactment of
the RH Law?
Yes
Can the court take judicial notice of the following legislative acts?
Women have been discriminated in the workplace before? Yes
Electronic methods allowing intrusion of persons privacy? Yes
Bargaining power of employees? Yes
What facts can a court take judicial notice of?
Historical facts, geographical facts, changing season, rising and setting of the sun, weather conditions, arts and sciences, religious
matter, commercial facts like rate of exchange, nature of corporation, imposition of VAT.
May evidence be received to contradict a fact that the court had already taken judicial notice of?
No. It will defeat the purpose of taking judicial notice.