Philippine Bar review · Question

Practice question: Burden of Proof vs. Burden of Evidence

Multiple Choice Easy

Practice question

If a defendant asserts an affirmative counterclaim, does plaintiff status alone make the opposing party responsible for proving that counterclaim?
  1. No; the counterclaimant must establish the necessary facts of that claim
  2. Yes; every plaintiff must prove the opponent’s claim
  3. Yes; naming a counterclaim proves it
  4. Only the clerk bears the burden
  5. Only the judge must supply missing facts

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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