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When is preponderance of evidence applicable?

Preponderance of evidence is the weight, credit, and value of the aggregate evidence on either side and is usually considered to be synonymous with the term “greater weight of the evidence” or “greater weight of the credible evidence.” Preponderance of evidence is a phrase that, in the last analysis, means probability of the truth. It is evidence that is more convincing to the court as it is worthier of belief than that which is offered in opposition thereto.Xxx In civil cases, the burden of proof is on the plaintiff to establish his case by preponderance of evidence, i.e., superior weight of evidence on the issues involved.

The Supreme Court decides: The trial court’s ruling lacked sufficient analysis of factors such as Winston’s health, safety, and emotional well-being, as well as his preference and any potential detrimental conditions. This oversight indicates that the court did not fully address the essential factors required to determine the most suitable custodial arrangement for Winston.

In this case, since Catherine was not married to respondent, she had sole parental authority over her illegitimate son, Winston. After her death, custody was granted to Winston’s collateral grandparents under the Family Code. This substitute parental authority is not permanent and can be reviewed by the court, which must consider the child’s best interests.

Test of Patent Infringement – Literal Infringement Test v. Doctrine of Equivalents Test

The Literal Infringement Test and the Doctrine of Equivalents are fundamental in the adjudication of patent infringement cases. The Literal Infringement Test offers a precise measure of infringement based on the exact language of patent claims, whereas the Doctrine of Equivalents provides a broader protection against insubstantial changes. Together, these tests balance the need for clear boundaries in patent protection with the need to prevent infringement by trivial modifications. Understanding both tests is crucial for navigating the complexities of patent law and ensuring fair protection for patent holders while fostering innovation.

What are the powers of the commission of the internal revenue

xxx the powers of the Commissioner of Internal Revenue in the Philippines are extensive and multifaceted, encompassing tax assessment and collection, enforcement of tax laws, issuance of regulations, administrative management, policy formulation, and representation. Each of these powers plays a crucial role in ensuring the efficiency and effectiveness of the tax system. By exercising these powers judiciously, the Commissioner contributes significantly to the stability of the nation’s fiscal system, the promotion of tax compliance, and the overall economic well-being of the country.

The Supreme Court decides: The court has determined that Sampana was a regular employee of TMTCP from March 21, 2011, until his dismissal on December 21, 2016. As such, he is entitled to retirement benefits under Article 302 [287] of the Labor Code.

Retirement benefits under this law are calculated as 1/2 month’s salary for each year of service, based on 22.5 days per year, for employees with at least five years of service. Sampana, having turned 60 on February 16, 2016, and having served TMTCP for over five years, met the eligibility criteria for retirement benefits when he expressed his intent to retire in November 2016. Furthermore, he reached the compulsory retirement age of