Burden of proof vs. burden of evidence

""[I]n the course of trial in a civil case, once plaintiff makes out a plima facie
case in his favor, the duty or the burden of evidence shifts to defendant to controvert plaintiffs prima facie case, otherwise, a verdict must be returned in favor of plaintiff."1

x x x.

Section 1, Rule 131 of the Rules of Court defines “burden of proof” as “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.” In civil cases, the burden of proof rests upon the plaintiff, who is required to establish his case by a preponderance of evidence.55 Once the plaintiff has established his case, the burden of evidence shifts to the defendant, who, in turn, has the burden to establish his defense.56

In this case, respondent BPI, as plaintiff, had to prove that petitioner spouses failed to pay their obligations under the Promissory Note. Petitioner spouses, on the other hand, had to prove their defense that the obligation was extinguished by the loss of the mortgaged vehicle, which was insured."

G.R. No. 184565. November 20, 2013
Manolito De Leon and Lourdes E. De Leon Vs. Bank of the Philippines Islands