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ELNORA R. CORTES v. CA

This case has been cited 5 times or more.

2015-07-01
BERSAMIN, J.
Being the party alleging the existence of the tenancy relationship, the petitioner carried the burden of proving the allegation of his tenancy.[27] According to Berenguer, Jr. v. Court of Appeals,[28] to wit:It is a matter of jurisprudence that tenancy is not purely a factual relationship dependent on what the alleged tenant does upon the land but more importantly a legal relationship. (Tuazon v. Court of Appeals, 118 SCRA 484) Under Section 3 of Republic Act No. 1199, otherwise known as the Agricultural Tenancy Act, the term "agricultural tenancy" is defined as
2005-10-05
QUISUMBING, J.
However, we note that the records are bereft of competent evidence duly submitted by respondent concerning the divorce decree and the naturalization of respondent's wife. It is settled rule that one who alleges a fact has the burden of proving it and mere allegation is not evidence.[13]
2004-01-20
TINGA, J,
Basic in the law of evidence is that one who alleges a fact has the burden of proving it.[9] In administrative cases, the quantum of proof required is substantial evidence.[10] Petitioner did not overcome his burden.  The documentary evidence he submitted fails to establish that private respondent is not a Filipino citizen.
2003-12-11
TINGA, J.
On the administrative complaint that was filed against respondent De Vera while he was still practicing law in California, he explained that no final judgment was rendered by the California Supreme Court finding him guilty of the charge. He surrendered his license to protest the discrimination he suffered at the hands of the investigator and he found it impractical to pursue the case to the end. We find these explanations satisfactory in the absence of contrary proof. It is a basic rule on evidence that he who alleges a fact has the burden to prove the same.[51] In this case, the petitioners have not shown how the administrative complaint affects respondent De Vera's moral fitness to run for governor.
2003-07-08
YNARES-SANTIAGO, J.
Section 37[13] of RA 3844 expressly imposes on the landowner or agricultural lessor the burden of proof to show the existence of the grounds enumerated in Section 36 thereof. It is settled that one who alleges a fact has the burden of proving it.[14] This implies that the action which resulted in the tenant's dispossession was commenced by the landowner, who therefore has the burden of proof to show the existence of any of the grounds for the ejectment of the tenant.