Philippine Bar review · Question

Practice question: Burden of Proof vs. Burden of Evidence

Multiple Choice Medium

Practice question

A plaintiff seeks a loan balance. The defendant separately counterclaims for damage allegedly caused to machinery. Does the loan plaintiff’s burden automatically include proving the machinery-damage counterclaim for the defendant?
  1. No; each affirmative claim carries its own necessary factual burden
  2. Yes; the first filer proves all opposing claims
  3. Yes; counterclaims are true without proof
  4. Only the size of the pleadings decides
  5. Only the defendant’s denial proves damage

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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