Philippine Bar review · Topic

Conclusive Presumptions

Explore Conclusive Presumptions in Burden of Proof and Presumptions (Rule 131) for the Philippine Bar. Browse subtopics and published practice questions, then…

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Practice questions

  1. Which is expressly listed as a conclusive presumption in Rule 131, Section 2?
  2. Which conduct forms part of the other conclusive presumption in Rule 131, Section 2(a)?
  3. What time does Section 2(b) expressly identify for the landlord's title that the tenant may not deny?
  4. A tenant entered possession under an established lease and, in litigation arising from that tenancy, denies the landlor…
  5. A party deliberately represents a fact as true, another believes it and acts on it, and litigation later arises from th…
  6. An owner alleges that an occupant is a tenant, but the existence of any landlord-tenant relationship is genuinely dispu…
  7. A speaker makes an inadvertent factual error. The listener neither believes nor acts on it. In later litigation the lis…
  8. State the two conclusive presumptions listed in current Rule 131, Section 2.
  9. Explain why the conclusive nature of a presumption does not eliminate the need to establish its prerequisites.
  10. A tenant argues that Section 2(b) says nothing about time, while the landlord argues it forbids every possible future t…
  11. Under Laqui, can a genuine later expiration or conveyance of the landlord’s title fall outside the tenant-estoppel rule…
  12. Does learning of an allegedly older rival title only recently necessarily make that title a subsequent change?