Philippine Bar review · Question

Practice question: Burden of Proof vs. Burden of Evidence

Multiple Choice Medium

Practice question

In a collection case, the defendant affirmatively asserts payment and bears the applicable burden on that defense. Does that automatically remove the plaintiff's burden to establish the claim's required facts?
  1. No; each party's applicable burden on the claim or defense must be identified separately
  2. Yes; asserting payment proves every plaintiff allegation
  3. Yes; the defendant's defense alone transfers the whole case's burden
  4. Yes; the court must ignore the original claim
  5. No; no defendant can ever bear a burden on an affirmative defense

Legal references

  • https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, current Rule 131 §§1–3,5–6; Rule 133 §§1–2.
  • https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III §§2–3,12,14 (exclusionary protections and due process).
  • https://lawphil.net/judjuris/juri2025/apr2025/gr_265570_2025.html — People v. Akil, G.R. No. 265570, April 7, 2025, MAIN decision (police-initiated private questioning of a detainee and custodial confession).

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