This case has been cited 2 times or more.
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2015-07-01 |
MENDOZA, J. |
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| Fraud must be proven by clear and convincing evidence and not merely by a preponderance thereof.[46] Clear and convincing proof is more than mere preponderance, but not to extent of such certainty as is required beyond reasonable doubt as in criminal cases.[47] The imputation of fraud in a civil case requires the presentation of clear and convincing evidence. Mere allegations will not suffice to sustain the existence of fraud. The burden of evidence rests on the part of the plaintiff or the party alleging fraud.[48] | |||||
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2012-03-20 |
ABAD, J. |
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| Neither clear and convincing evidence, which is employed in either criminal or civil cases, is indispensable for a lawful declaration of martial law or suspension of the writ. This amount of proof likewise unduly restrains the President in exercising her emergency powers, as it requires proof greater than preponderance of evidence although not beyond reasonable doubt.[40] | |||||