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Philippine Bar review · Question

Practice question: Burden of Proof vs. Burden of Evidence

Multiple Choice Medium

Practice question

A counterclaimant presents no evidence of an essential damages fact and argues the opponent’s weak response cures the omission. Under Section1, is weakness alone a substitute for establishing that necessary fact?
  1. No; the party must meet its own applicable burden
  2. Yes; every weak response proves the affirmative claim
  3. Yes; a counterclaim is self-proving
  4. Only the claimant’s confidence matters
  5. Only the number of lawyers matters

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

Answer this question in flashcards to review your response and continue practicing.