Evidence of Fraud and Conspiracy

G.R. No. 146214             October 5, 2007

RODOLFO M. CUENCA, petitioner,
vs.
HON. ALBERTO P. ATAS, JULITO F. FABRERO, and HON. NATHANIEL A. LOBIGAS, in their capacity as Hearing Officers of the SECURITIES AND EXCHANGE COMMISSION; PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, ASSET PRIVATIZATION TRUST, PHILIPPINE NATIONAL BANK, DEVELOPMENT BANK OF THE PHILIPPINES, NATIONAL DEVELOPMENT COMPANY, PHILIPPINE EXPORT AND FOREIGN LOAN GUARANTEE CORPORATION, and GOVERNMENT SERVICE INSURANCE SYSTEM,respondents.

Petitioner has not shown any proof or substantial evidence of fraud and conspiracy. Indeed, he who alleges fraud must prove it for basic is the rule that actori incumbit onus probandi. Differently stated, upon the plaintiff in a civil case, the burden of proof never parts. In the case at bar, the petitioner must therefore establish his allegation of fraud by a preponderance of evidence. Once again, petitioner utterly failed to do this. In addition, it is an aged-old rule in civil cases that he who alleges a fact has the burden of proving it and a mere allegation is not evidence. Fraud is never presumed, but must be established by clear and convincing evidence.