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Philippine Bar review · Question

Practice question: Burden of Proof

Multiple Choice Hard

Practice question

Two complaints are filed. In the first, a person merely names a corporation as employer and offers no relevant connection, which the corporation denies. In the second, a company admits directly hiring and paying service providers but relies on independent-contractor status. Counsel proposes a single rule that the worker always bears every evidentiary burden and the company never has to support its assertion. Which is correct?
  1. The proposed rule follows Ditiangkin exactly
  2. Both complaints automatically succeed
  3. Neither party ever needs evidence in labor proceedings
  4. The first involves the claimant’s initial proof of the denied relationship; the second requires substantiation of the company’s asserted independent-contractor classification
  5. The corporation’s name conclusively answers both cases

Legal references

  • Maricalum Mining, G.R. 221813 and 222723, July 23, 2018; Ditiangkin, G.R. 246892, September 21, 2022: https://lawphil.net/judjuris/juri2022/sep2022/gr_246892_2022.html
  • Maricalum Mining, G.R. 221813 and 222723, July 23, 2018: https://lawphil.net/judjuris/juri2018/jul2018/gr_221813_2018.html

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