Practice question
An owner alleges that an occupant is a tenant, but the existence of any landlord-tenant relationship is genuinely disputed and has not been established. The owner invokes Section 2(b) as conclusive proof that the disputed relationship itself exists. Which is correct?
- The label tenant conclusively proves its own factual foundation
- The tenancy presumption cannot be used to assume the very relationship whose existence must first be established
- Every occupant is necessarily a tenant
- A landlord's allegation always defeats any contrary evidence
- The rule applies only after the owner wins every possible property dispute
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.
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