Presumptions

What is a presumption?

A presumption is an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established in the action (Black’s, 5^th Ed., 1067 citing Uniform Rule 13; NJ Evidence Rule 13).

A presumption is not evidence (California Evidence Code cited in Black’s, 5^th Ed., 1167). They merely affect the burden of offering evidence (1 Wharlton’s Criminal Evidence, Sec. 64). It is not evidence in itself but it is an assumption resulting from the evidence.

 In a sense, a presumption is an inference which is mandatory unless rebutted (29 Am Jur 29 Evidence § 181).

Example

D is the debtor of C, creditor for P1 Million payable in twelve (12) equal monthly installments. If evidence is introduced that the installment payment for December has been received by the creditor, a presumption arises that previous installment have been paid. This is because under the law, the receipt of a later installment of a debt, without reservation as to prior installments, shall give rise to the presumption that such installments have been paid (Art. 1176, Civil Code of the Philippines).

Inference distinguished from a presumption

An inference is a factual conclusion that can rationally be drawn from other facts (Computer Identics Corp. v. Southern Pacific Corporation Co. CA1 Mass). It is however, one that is a result of a reasoning process. It need not have a legal effect because it is not mandated by law.

A presumption is mandated by law and establishes a legal relation between or among the facts.

Kinds of presumptions

A presumption may either be:

    (a) conclusive (presumptions juris et de jure); or

    (b) disputable/rebuttable (presumptions juris tantum)

Conclusive presumption

A presumption is conclusive when the presumption becomes irrebuttable upon the presentation of the evidence tending to rebut the presumption is not admissible. This presumption is in reality a rule of substantive law (29 Am Jur 2d Evidence § 183).

Disputable presumption

A presumption is disputable or rebuttable or if it may be contradicted or overcome by other evidence (Sec. 3, Rule 131, Rules of Court). When evidence that rebuts the presumption is introduced, the force of the presumption disappears. Example: While evidence of receipt of payment of a later installment gives rise to the presumption that previous installments have been paid, yet when evidence is shown that prior installments remain unpaid, the presumption falls.

The presumption that an accused is innocent of the crime charged until the contrary is proven is a presumption of law embodied in the Constitution (Sec. 14(2), Art. III, Bill of Rights, Constitution of the Philippines). Art. 1176 of the Civil Code of the Philippines also illustrates another presumption mandated by the law. Under the said provision, when the receipt of the principal by the creditor is proven without reservation with respect to the interest, there is a presumption that said interest has been paid.