The burden of proof lies with “the party who alleges the existence of a fact or thing necessary in the prosecution or defense of an action.”In civil cases, plaintiffs have the burden of proving the material allegations of the complaint when those are denied by the answer; and defendants have the burden of proving the material allegations in their answer when they introduce new matters. Since the divorce was a defense raised by respondent, the burden of proving the pertinent Australian law validating it falls squarely upon him. It is well-settled in our jurisdiction that our courts cannot take judicial notice of foreign laws. Like any other facts, they must be alleged and proved. Australian marital laws are not among those matters that judges are supposed to know by reason of their judicial function.[xviii][44] The power of judicial notice must be exercised with caution, and every reasonable doubt upon the subject should be resolved in the negative.(Garcia v. Recio, GR 138322, Oct. 2, 2007).
Posted on: Tue, 27 Jan 2015 10:09:48 +0000
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