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MEMORIA G. ENCINAS v. NATIONAL BOOKSTORE

This case has been cited 7 times or more.

	GR No. 180418 2013-08-28	REPUBLIC v. LUZ REYES-BAKUNAWA BERSAMIN, J.
By preponderance of evidence is meant that the evidence adduced by one side is, as a whole, superior to that of the other side. Essentially, preponderance of evidence refers to the comparative weight of the evidence presented by the opposing parties. As such, it has been defined as "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. It is proof that is more convincing to the court as worthy of belief than that which is offered in opposition thereto.[29]
	GR No. 165863 2013-04-10	ALBERT CHUA v. B.E. SAN DIEGO MENDOZA, J.
In civil cases, the party having the burden of proof must establish his case by a 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." It is a phrase which, in the last analysis, means probability of the truth. It is evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto.[41]
	GR No. 175021 2011-06-15	REPUBLIC v. THI THU THUY T. DE GUZMAN LEONARDO-DE CASTRO, J.
Expounding on the concept of preponderance of evidence, this Court in Encinas v. National Bookstore, Inc., [65] held: "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 worthy of belief than that which is offered in opposition thereto. [66]
	GR No. 154270 2010-03-09	TEOFISTO OÑO v. VICENTE N. LIM BERSAMIN, J.
In civil cases, the party having the burden of proof must establish his case by a 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 that means, in the last analysis, probability of the truth.[24] It is evidence that is more convincing to the court as worthy of belief than that which is offered in opposition thereto.
	GR No. 176664 2008-07-21	BANK OF PHILIPPINE ISLANDS v. SPS. REYNALDO NACHURA, J.
In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence, or evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto.[18] Thus, the party, whether plaintiff or defendant, who asserts the affirmative of an issue has the onus to prove his assertion in order to obtain a favorable judgment. For the plaintiff, the burden to prove its positive assertions never parts. For the defendant, an affirmative defense is one which is not a denial of an essential ingredient in the plaintiff's cause of action, but one which, if established, will be a good defense - i.e. an "avoidance" of the claim.[19]
	GR No. 157573 2008-02-11	Elinel Caña v. Evangelical Free Church of the Philippines AUSTRIA-MARTINEZ, J.
The Court finds it untenable. Although the general rule is that a petition for review under Rule 45 of the Rules of Court should cover only questions of law[29] and questions of fact are not reviewable,[30] the same is subject to exceptions among which is when the findings of the appellate court conflict with the findings of the trial court, as in the present case.[31] The Court is not persuaded by petitioner's contention that in all its pleadings, respondent never disputed petitioner's claim that MCEC was the one which purchased the property in question. Records show that in respondent's Complaint[32] as well as in its Position Paper[33] respondent has consistently asserted ownership of the disputed property; and to buttress such claim it presented in evidence the Deed of Absolute Sale[34] as well as the Transfer Certificate of Title[35] over the said property. The Deed of Absolute Sale is a direct refutation of petitioner's contention that it was MCEC which purchased the disputed property.
	GR NO. 142766 2007-06-15	NARCISO AMOROSO v. JUAN ALEGRE TINGA, J.
As in all civil cases, the burden of proof is on the plaintiff to establish his case by 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 worthy of belief than that which is offered in opposition thereto.[33] If plaintiff claims a right granted or created by law, he must prove his claim by competent evidence. He must rely on the strength of his own evidence and not upon the weakness of that of his opponent.[34]