This case has been cited 3 times or more.
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2014-01-15 |
DEL CASTILLO, J. |
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| Were there only two checks issued as payment for the separate loans of these four different entities? These hanging questions only confirm the correctness of the lower courts' uniform conclusion that Land Bank failed to prove that the amount allegedly "miscredited" to Oñate's account came from the proceeds of the pre-terminated loans of its clients. It is worth emphasizing that in civil cases, the party making the allegations has the burden of proving them by preponderance of evidence. Mere allegation is not sufficient.[73] | |||||
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2011-11-23 |
BERSAMIN, J. |
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| The petitioner apparently relied solely on her bare testimony to establish her allegation of having been misled, and did not present other evidence for the purpose. She seemingly forgot that, firstly, her bare allegation of having been misled was not tantamount to proof, and that, secondly, she, as the party alleging a disputed fact, carried the burden of proving her allegation.[35] In other words, her main duty was to establish her allegation by preponderance of evidence, because her failure to do so would result in her defeat.[36] Alas, she did not discharge her burden. | |||||
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2011-04-11 |
NACHURA, J. |
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| (10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record.[15] | |||||