As mere allegation is not evidence, the rule is settled that plaintiff has the burden of proving the material allegations of the complaint which are denied by the defendant, and the defendant has the burden of proving the material allegations in his case where he sets up a new matter.

HUBERT NUÑEZ vs. SLTEAS PHOENIX SOLUTIONS, INC., through its representative, CESAR SYLIANTENG, G.R. No. 180542, April 12, 2010

“x x x.

A similar dearth of merit may be said of the exceptions petitioner continues to take against the MeTC’s reliance on the survey plan prepared by Geodetic Engineer Joseph Padilla to the effect that that the premises occupied by petitioner lies within the metes and bounds of respondent’s property. As mere allegation is not evidence,43 the rule is settled that plaintiff has the burden of proving the material allegations of the complaint which are denied by the defendant, and the defendant has the burden of proving the material allegations in his case where he sets up a new matter.44 Given the parties’ failure to make good on their agreement to cause a survey of the property thru an impartial surveyor from the Office of the City Assessor or City Engineer, respondent’s submission of said report was evidently for the purpose discharging the onus of proving petitioner’s encroachment on the subject parcel, as alleged in the complaint. As the party asserting the contrary proposition, petitioner cannot expediently disparage the admissibility and probative value of said survey plan to compensate for his failure to prove his own assertions.

X x x.”