By burden of proof is meant
the obligation imposed upon a party who alleges the existence of a fact
or thing necessary in the prosecution or defense of an action to establish
it by proof. Under the Rules, it is the duty of a party to present
evidence on the facts in issue necessary to establish his claim or defense
by the amount of evidence required by law. It means the burden of
establishing a case, whether by a preponderance of the evidence, or beyond
a reasonable doubt, or by substantial evidence.
On the other hand, burden of evidence
connotes the burden of going forward with the evidence or that logical
necessity which rests on a party at any particular time during the trial
to create a prima facie case in his favor, or to overthrow one when created
against him.
DISTINCTIONS
The main distinction between burden of proof
and burden of evidence is that burden of proof never shifts. This
remains throughout the entire case exactly where the pleadings originally
placed it. The party whether plaintiff or defendant, who substantially
asserts the affirmative of the issue has this burden of proof. It
is on him at the beginning of the case; it continues on him through the
case; and when the evidence, by whomsoever introduced, is all in
if he has not, by preponderance of evidence (or proof beyond reasonable
doubt), established his proposition or claim, the decision of a tribunal
must be adverse to such pleader.
Burden of evidence on the other hand 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. It has no necessary
connection with the pleadings, but is determined by the progress of the
trial.
WHO HAS THE BURDEN OF PROOF?
Ordinarily, the burden of proof lies in the
first instance with the party who initiated the action or proceeding, that
is, the plaintiff. In other words, a plaintiff, by asserting in his
complaint, petition, or declaration facts which, if proved, establish a
liability due him on the part of defendant, has the burden of proving these
facts. But there is no strict and rigid rule that the primary burden
of proof is on the party who brings suit; rather, this is generally speaking,
taken for granted because of expediency and inherent justice, and not because
of initiative action.
Where the defendant, either in positive and
express terms or by the character and nature of his pleadings, admits the
cause of action alleged by the plaintiff, he thereby absolved the plaintiff
from the necessity of making any proof in support of his claim; in such
case the burden of proof rests with the defendant, and rest with him until
the issue is met.
