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Esmundo B. Rivera vs. CA, et al.

ESMUNDO B. RIVERA, petitioner, vs. COURT OF APPEALS, AMY ROBLES, PEREGRINO MIRAMBEL and MERLINA MIRAMBEL, respondents.

G.R. No. 115625 | 1998-01-23

D E C I S I O N

PANGANIBAN, J:

In deciding this appeal, the Court relies on the rule that a party who has the burden of proof in a civil case must establish his cause of action by a preponderance of evidence. When the evidence of the parties is in equipoise, or when there is a doubt as to where the preponderance of evidence lies, the party with the burden of proof fails and the petition/complaint must thus be denied.

Statement of the Case

The foregoing dictum is applied by this Court in denying this petition for review on certiorari assailing the February 21, 1994 Decision 1 of the Court of Appeals 2 in CA-G.R. SP No. 32360, which...