E N O F P R OO F , B UR D E N O F

BURD
N C E A ND P R E S U MP T I O N S
EVIDE RULE 131
SECTION 1. BURDEN OF PROOF AND BURDEN OF EVIDENCE

•Burden of proof is the duty of a party to present evidence

on the facts in issue necessary to establish his or her
claim or defense by the amount of evidence required by
law.
• Burden of proof never shifts.
•Burden of evidence is the duty of a party to present
evidence sufficient to establish or rebut a fact in
issue to establish a prima facie case.
•Burden of evidence may shift from one party to the
other in the course of the proceeding, depending on
the exigencies of the case.
SECTION 2. CONCLUSIVE PRESUMPTIONS

The following are instances of conclusive presumptions:

• (a) Whenever a party has, by his or her own declaration, act, or
omission, intentionally and deliberately led another to believe a
particular thing true, and to act upon such belief, he or she
cannot, in any litigation arising out of such declaration, act or
omission, be permitted to falsify it; and
•(b) The tenant is not permitted to
deny the title of his or her landlord at
the time of the commencement of the
relation of landlord and tenant
between them. (2a)
SECTION 3. DISPUTABLE PRESUMPTIONS
The following presumptions are satisfactory if
uncontradicted, but may be contradicted and overcome
by other evidences:

•(a) That a person is innocent of crime or wrong;

•(b) That an unlawful act was
done with an unlawful intent;
•(c) That a person intends
the ordinary consequences
of his or her voluntary act;
•(d) That a person takes
ordinary care of his or her
concerns;
•(e) That evidence willfully
suppressed would be
adverse if produced;
•(f) That money paid by one
to another was due to the
latter;
•(g) That a thing delivered by
one to another belonged to
the latter;
•(h) That an obligation
delivered up to the debtor
has been paid;
•(i) That prior rents or
installments had been paid
when a receipt for the latter one
is produced;
•(j) That a person found in possession of
a thing taken in the doing of a recent
wrongful act is the taker and the doer of
the whole act; otherwise, that things
which a person
•(k) That a person in possession of an
order on himself or herself for the
payment of the money , or the delivery
of anything , has paid the money or
delivered the thing accordingly;
•(l) That a person acting in a
public office was regularly
appointed or elected to it;
•(m) That official duty has
been regularly performed;
•(n) That a court, or judge acting as
such, whether in the Philippines or
elsewhere, was acting in the
lawful exercise of jurisdictions;
•(o) That all the matters within an issue raised in
a case were laid before the court and passed
upon by it; and in like a manner that all matters
within an issue raised in a dispute submitted for
arbitration were laid before the arbitrators and
passed upon by them;
•(p) That private transactions
have been fair and regular;
•(q) That the ordinary course
of business has been
followed;
•(r) That there was a
sufficient consideration for
a contract;
•(s) That a negotiable
instrument was given or
endorsed for a sufficient
consideration;
•(t) That an indorsement of a negotiable
instrument was made before the
instrument was overdue and at the
place where the instrument is dated;
•(u) That a writing is truly
dated;
•(v) That a letter duly
directed and mailed was
received in the regular
course of the mail;
•(w) That after an absence of seven years, it being unknown whether or not the
absentee still lives, he or she is considered dead for all purposes, except for those
of succession.

•The absentee shall not be considered dead for the

purpose of opening his or her succession until after an
absence of ten years. If he or she disappeared after the
age of seventy-five years, an absence of five years shall
be sufficient in order that his or her succession may be
opened.
The following shall be considered dead for all
purposes including the division of the estate among
the heirs:

•(1) A person on board a vessel lost during a

sea voyage, or an aircraft which is missing,
who has not been heard of for four years
since the loss of the vessel or aircraft;
•(2) A member of the armed
forces who has taken part in
armed hostilities, and has been
missing for four years;
•(3) A person who has been in
danger of death under other
circumstances and whose
existence has not been known for
four years; and
•(4) If a married person has been absent
for four consecutive years, the spouse
present may contract a subsequent
marriage if he or she has a well founded
belief that the absent spouse is already
dead.
•In case of disappearance, where there is
a danger of death, the circumstances
hereinabove provided, an absence of only
two years shall be sufficient for the
purpose of contracting a subsequent
marriage.
•However, in any case, before marrying again,
the spouse present must institute summary
proceedings as provided in the Family Code
and in the rules for declaration of presumptive
death of the absentee, without prejudice to the
effect of reappearance of the absent spouse;
•(x) That acquiescence resulted
from a belief that the thing
acquiesced in was conformable
to the law or fact;
•(y) That things have happened
according to the ordinary
course of nature and ordinary
nature habits of life;
•(z) That persons acting as
copartners have entered into
a contract of co-partnership;
•(aa) That a man and woman
deporting themselves as
husband and wife have entered
into a lawful contract of marriage;
•(bb) That property acquired by a man and a
woman who are capacitated to marry each
other and who live exclusively with each other
as husband and wife, without the benefit of
marriage or under a void marriage, has been
obtained by their joint efforts, work or industry.
•(cc) That in cases of cohabitation by a man and a
woman who are not capacitated to marry each
other and who have acquired property through
their actual joint contribution of money, property
or industry, such contributions and their
corresponding shares, including joint deposits of
money and evidences of credit, are equal;
•(dd) That if the marriage is terminated and
the mother contracted another marriage
within three hundred days after such
termination of the former marriage, these
rules shall govern in the absence of proof
to the contrary:
•(1) A child born before one hundred eighty (180)
days after the solemnization of the subsequent
marriage is considered to have been conceived
during such as marriage, even though it be born
within the three hundred days after the
termination of the former marriage; and
•(2) A child born after one hundred eighty (180)
days following the celebration of the subsequent
marriage is considered to have been conceived
during such marriage, even though it be born
within the three hundred days after the
termination of the former marriage;
•(ee) That a thing once
proved to exist continues as
long as is usual with things
of that nature;
•(ff) That the law has been
obeyed;
•(gg) That a printed or published
book, purporting to be printed or
published by public authority,
was so printed or published.
•(hh) That a printed or published book,
purporting to contain reports of cases
adjudged in tribunals of the country
where the book is published, contains
correct reports of such cases;
•(ii) That a trustee or other person whose
duty it was to convey real property to a
particular person has actually conveyed it
to him or her when such presumption is
necessary to perfect the title of such
person or his or her successor in interest;
•(jj) That except for purposes of succession, when
two persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not shown
who died first, and there are no particular
circumstances from which it can be inferred, the
survivorship is determined from the probabilities
resulting from the strength and the age of the
sexes, according to the following rules:
•1. If both were under the age
of fifteen years, the older is
deemed to have survived;
•2. If both were above the age
of sixty, the younger is
deemed to have survived;
•3. If one is under fifteen and
other above sixty, the former
is deemed to have survived;
•4. If both be over fifteen and under
sixty, and the sex be different, the
male is deemed to have survived, if
the sex be the same, the older, and
•5. If one be under fifteen or over
sixty , and the other between those
ages, the latter is deemed to have
survived;
•(kk) That if there is a doubt, as between two or
more persons who are called to succeed each
other, as to which of them died first, whoever
alleges the death of one prior to the other, shall
prove the same; in the absence of proof, they
shall be considered to have died at the same
time.
QUESTIONS?
GET ¼ SHEET OF PAPER
LONG QUIZ
STARTING IN 5
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1. Burden of evidence is the duty of a party to present
evidence sufficient to establish or rebut a fact in issue to
establish a?
a. prima facie case
b. Burden of evidence
c. Disputable presumptions
d. Conclusive presumptions
2. It is a duty of a party to present evidence on the facts in
issue necessary to establish his or her claim or defense by
the amount of evidence required by law.
a. Disputable presumptions
b. Conclusive presumptions
c. Burden of proof and burden of evidence
d. Burden of evidence
3. It is the duty of a party to present evidence sufficient to
establish or rebut in issue to establish a prima facie case.
a. Conclusive presumptions
b. Disputable presumptions
c. Burden of evidence
d. Burden of proof and burden of evidence
4. A member of the armed forces who has taken part in armed
hostilities, and has been missing for how many years.
a. 4 years
b. 3 years
c. 2 years
d. 1 year
5. It is the result of convection or persuasion produced by the
evidence.
a. Proof
b. presumption
c. Estoppel
d. Evidence
6. It is an admission or representation is rendered conclusive
upon the person making it, and cannot be denied or
disproved as against the person relying thereon.
a. Rebuttable presumption
b. Doctrine of Estoppel
c. Disputable presumption
d. Conclusive presumption
7. It is an assumption of fact resulting from a ruse of law
which requires such tact to be assured from another fact or
group of facts found or otherwise established in the action.
a. Rebuttable presumption
b. Presumption
c. Disputable presumption
d Conclusive presumption
8. Which of the following is one of the instances of conclusive presumptions.
a. That a person takes ordinary care of his or her concerns
b. That a person in possession of an order on himself or herself for the
payment of the money , or the delivery of anything , has paid the money or
delivered the thing accordingly
c.Whenever a party has, by his or her own declaration, act, or omission,
intentionally and deliberately led another to believe a particular thing true, and to
act upon such belief, he or she cannot, in any litigation arising out of such
declaration, act or omission, be permitted to falsify it
d. That evidence willfully suppressed would be adverse if produced
9. The following presumptions are satisfactory if uncontradicted, but
may be contradicted and overcome by other evidences except
a. That a person is innocent of crime or wrong
b.That an unlawful act was done with an unlawful intent
c. That a person intends the ordinary consequences of his or her
voluntary act
d. The tenant is not permitted to deny the title of his or her landlord at
the time of the commencement of the relation of landlord and tenant
between them.
10. Inferences which the law makes so peremptory that it will
not allow them to be overturned by any contrary proof
however strong.
a. Rebuttable presumption
b. Doctrine of Estoppel
c. Disputable presumption
d. Conclusive presumption.
Thank You! Enjoy Your Sembreak!
ANSWER KEY
1. A 6. B
2. D 7. D
3. C 8. C
4. A 9. D
5. A 10. D