This case has been cited 1 times or more.
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2008-04-30 |
AUSTRIA-MARTINEZ, J. |
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| Sec. 1. Burden of proof. - Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law. Here, the burden of proof rests with respondents to establish their claim that they have a legal right that should be protected by a writ of preliminary injunction. In L.C. Ordoñez Construction v. Nicdao,[8] the Court reiterated the ruling that "the burden of proof is on the part of the party who makes the allegations - ei incumbit probatio, qui dicit, non qui negat. If he claims a right granted by law, he must prove his claim by competent evidence, relying on the strength of his own evidence and not upon the weakness of that of his opponent." (Emphasis ours) | |||||