This case has been cited 1 times or more.
|
2005-03-31 |
PANGANIBAN, J. |
||||
| "Preponderance of evidence" means that the evidence adduced by one side is, as a whole, superior to or has greater weight than that of the other.[24] Where the evidence presented by one side is insufficient to ascertain the claim, there is no preponderance of evidence.[25] In criminal cases in which the quantum of evidence required is greater than in civil cases, the testimony of only one witness -- if credible, straightforward, and worthy of belief -- is sufficient to convict.[26] With more reason then, Garcia's testimony, if clear and positive, may be sufficient to establish respondent's claim. | |||||