Philippine Bar review · Topic

Presumptions in Civil Actions and Proceedings

Explore Presumptions in Civil Actions and Proceedings in Burden of Proof and Presumptions (Rule 131) for the Philippine Bar. Browse subtopics and published…

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Practice questions

  1. Under Rule 131, Section 5's default civil rule, what does a presumption impose on the party against whom it is directed?
  2. If civil presumptions are inconsistent, which applies under Section 5?
  3. If inconsistent civil presumptions rest on policy considerations of equal weight, what does Section 5 prescribe?
  4. In an ordinary civil action, an applicable rebuttable presumption favors one party. No special law alters its procedura…
  5. Two applicable civil presumptions point to opposite conclusions. After assessing their policy foundations, the court fi…
  6. In a civil payment dispute, an applicable disputable presumption initially favors the debtor. The creditor produces com…
  7. A civil court finds two inconsistent presumptions equally supported by policy and therefore applies neither. One party …
  8. Explain the default effect of a presumption in civil actions under current Rule 131, Section 5.
  9. How does Rule 131, Section 5 resolve inconsistent civil presumptions?
  10. Does an opponent's duty to meet a civil presumption mean the ultimate burden of proof automatically transfers? Explain …
  11. Does Rule131 Section5’s civil default yield when law or the Rules otherwise provide?
  12. Must civil presumptions be inconsistent before Section5’s weightier-policy selection rule is invoked?