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Philippine Bar review · Question

Practice question: Conclusive Presumptions

Multiple Choice Hard

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?
  1. The label tenant conclusively proves its own factual foundation
  2. The tenancy presumption cannot be used to assume the very relationship whose existence must first be established
  3. Every occupant is necessarily a tenant
  4. A landlord's allegation always defeats any contrary evidence
  5. 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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