Philippine Bar review · Topic

Burden of Proof vs. Burden of Evidence

Explore Burden of Proof vs. Burden of Evidence in Burden of Proof and Presumptions (Rule 131) for the Philippine Bar. Browse subtopics and published practice…

Explore the syllabus

Direct subtopics

This topic has no further subtopics. Explore its practice questions below.

Put it into practice

Practice questions

  1. Under current Rule 131, Section 1, which burden never shifts?
  2. Which burden may move between parties during the proceedings depending on the case's exigencies?
  3. What does the burden of proof require under Rule 131?
  4. A civil plaintiff establishes a prima facie factual case, requiring the defendant to produce rebutting material. Does t…
  5. In a collection case, the defendant affirmatively asserts payment and bears the applicable burden on that defense. Does…
  6. The prosecution presents evidence it calls a prima facie case. The accused offers no testimony, but the prosecution's o…
  7. In an ordinary civil trial, the plaintiff introduces sufficient initial proof, the defendant produces substantial rebut…
  8. Distinguish burden of proof from burden of evidence under the 2019 Rule 131, Section 1.
  9. A party establishes a prima facie case and says the opponent now bears every proof burden in the litigation. Evaluate.
  10. Explain why the distinction between the two burdens is particularly important when a criminal accused offers no testimo…
  11. Does Rule131 Section1 describe burden of proof only for plaintiffs’ claims, excluding defendants’ affirmative claims?
  12. If a defendant asserts an affirmative counterclaim, does plaintiff status alone make the opposing party responsible for…