Burden of proof is the duty of the party to present evidence to establish his
claim or defense as required by law. Burden of evidence is when a party
presents evidence to build a prima facie case in his favour or to overcome evidence proven against him. Burden of proof never shifts such as in a civil case, the burden of proof is upon the plaintiff to prove what is upon the plaintiff to prove. What is alleged in his complaint and upon the defendant to prove what is alleged in his counterclaim or if he alleged affirmative defenses, while in a criminal case it is upon the prosecution to prove the elements of a crime. Burden of evidence shifts during the course of the trial which depends upon which party shall present his evidence to overturn the other partys evidence. (3) The doctrine of adapted admission is when a person reasonably reacts to an action or statement stated by another party in such that there can be made a reasonable belief that he agrees to or adopts the other partys statement or action. As in the case of Estrada v. Desierto, Estradas resignation from his presidency was taken as an adopted admission from Angaras diary. 2. The accused, notwithstanding his constitutional right to remain silent may be compelled, nonetheless, to come to court by virtue of a subpoena, a. During arraignment and making of plea b. During trial for identification purposes c. At the promulgation of judgement, except when what is involved is a light offense.