Practice question
A civil claimant proves one necessary element but omits another. Counsel says the opponent’s production of rebuttal on the first element transfers responsibility for the omitted element to the opponent. Which is correct?
- Movement of the production burden on one fact does not cure failure to prove another necessary element
- Any rebuttal transfers every burden on every issue
- Proof of one element automatically proves all others
- The opponent must disprove every unproved assertion
- An incomplete claim is conclusively valid once answered
Legal references
- AM19-08-15-SC, current Rule130 Section54; Rule131 Sections1–3,5–6; Rule133 Section1: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
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