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	GR No. 161151 2014-03-24	BJDC CONSTRUCTION v. NENA E. LANUZO BERSAMIN, J.
Inasmuch as the RTC and the CA arrived at conflicting findings of fact on who was the negligent party, the Court holds that an examination of the evidence of the parties needs to be undertaken to properly determine the issue.[8] The Court must ascertain whose evidence was preponderant, for Section 1, Rule 133 of the Rules of Court mandates that in civil cases, like this one, the party having the burden of proof must establish his case by a preponderance of evidence.[9]