Monday, May 5, 2014

Administrative cases against lawyers; burden of proof.

See - 7961.pdf

See also - http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/march2014/7961.pdf





"x x x.



As a rule, an attorney enjoys the legal presumption that he is innocent of the charges against him until the contrary is proved.18 The burden of proof in disbarment and suspension proceedings always rests on the complainant.19 

Considering the serious consequence of disbarment or suspension of a member of the Bar, this Court has consistently held that clear preponderant evidence is necessary to justify the imposition of administrative penalty.20 

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.21 Thus, not only does the burden of proof that the respondent committed the act 

complained of rests on complainant, but the burden is not satisfied when complainant relies on mere assumptions and suspicions as evidence.22."