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Burden of Proof: Department Circular No. 20

This document outlines the burden of proof standards in different types of cases: - In civil cases, the standard is preponderance of evidence, which means the claim is more likely true than not based on evidence. - In administrative cases, the standard is substantial evidence, which is evidence a reasonable person would accept as supporting a conclusion. The complainant bears the burden of proof. - In criminal cases, the extremely high standard of beyond a reasonable doubt applies. Proof of moral certainty is required to convict a defendant. - For preliminary investigations, probable cause of a crime and suspect's guilt must be established with sufficient facts to believe a crime occurred.

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38 views

Burden of Proof: Department Circular No. 20

This document outlines the burden of proof standards in different types of cases: - In civil cases, the standard is preponderance of evidence, which means the claim is more likely true than not based on evidence. - In administrative cases, the standard is substantial evidence, which is evidence a reasonable person would accept as supporting a conclusion. The complainant bears the burden of proof. - In criminal cases, the extremely high standard of beyond a reasonable doubt applies. Proof of moral certainty is required to convict a defendant. - For preliminary investigations, probable cause of a crime and suspect's guilt must be established with sufficient facts to believe a crime occurred.

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OCP- Tagum City
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DEPARTMENT CIRCULAR NO.

20

BURDEN OF
PROOF
JIMMY A. YASOL
Assistant City Prosecutor
CRIMINAL CASES
ADMINISTRATIVE CASES
PRELIMINARY INVESTIGATION UNDER RULE
112
SECTION 2. DEPARTMENT CIRCULAR NO.
20

DEPARTMENT CIRCULAR NO. 20 | BURDEN OF PROOF


CIVIL
CASES
Preponderance of evidence - Preponderance of evidence is the weight,
credit and value of the aggregate evidence on either side and is usually
considered to be synonymous with the term “greater weight of the
evidence” or “greater weight of the credible evidence.” Preponderance
of evidence is a phrase which, in the last analysis, means probability of
the truth. It is evidence which is more convincing to the court as
worthier of belief than that which is offered in opposition thereto.
( Spouses Nilo Ramos and Eliadora Ramos v. Raul Obispo and Far East
Bank and Trust Co. G.R. No 193804 Feb 27, 2013.)

DEPARTMENT CIRCULAR NO. 20 | BURDEN OF PROOF


ADMINSTRATIVE CASES
• The quantum of proof in administrative proceedings necessary for a
finding of guilt is substantial evidence or such relevant evidence as a
reasonable mind may accept as adequate to support a conclusion.

• The burden to establish the charges rests upon the complainant. The
case should be dismissed for lack of merit if the complainant fails to
show in a satisfactory manner the facts upon which his accusations
are based. The respondent is not even obliged to prove his exception
or defense.

DEPARTMENT CIRCULAR NO. 20 | BURDEN OF PROOF


CRIMINAL CASES
• In a criminal case, the defendant is entitled to an acquittal,
unless his guilt is shown beyond a reasonable doubt.   Proof
beyond a reasonable doubt does not mean such a degree of
proof as, excluding possibility of error, produces absolute
certainty.   Moral certainty only is required, or that degree
of proof which produces conviction in an unprejudiced
mind. (Section 2, Rule 133)

DEPARTMENT CIRCULAR NO. 20 | BURDEN OF PROOF


PRELIMINARY INVESTIGATION UNDER THE RULE
112
• For the purpose of filing a criminal information, probable cause has
been defined as such facts as are sufficient to engender a well-founded
belief that a crime has been committed, and that respondent is probably
guilty thereof. (Kalalo v. Ombudsman, G.R. No. 158189, 23 April 2010,
619 SCRA 141)

• The determination of the existence of probable cause lies within the


discretion of the prosecuting officers after they have conducted a
preliminary investigation upon complaint of an offended party. (Ang-
Abaya v. Ang, 593 Phil. 530, 541 (2008)

DEPARTMENT CIRCULAR NO. 20 | BURDEN OF PROOF


SECTION 2. QUANTUM OF PROOF
In carrying out such role, prosecutors must ensure the
existence of a prima facie case and a reasonable
certainty of conviction based on available
documents, witnesses, real evidence and the like.
Prima facie evidence is such evidence which on its
own and if left uncontroverted, is sufficient to
establish all elements of the crime.

DEPARTMENT CIRCULAR NO. 20 | BURDEN OF PROOF

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