Practice question
A civil court finds two inconsistent presumptions equally supported by policy and therefore applies neither. One party argues that losing the presumptions requires automatic dismissal regardless of strong direct evidence already in the record. Which is correct?
- No presumption means all evidence disappears
- The plaintiff must always win when presumptions cancel
- The defendant must always win when presumptions cancel
- The court must still decide on the lawful evidence and applicable burdens; Section 5 does not erase independent proof
- The court must invent a third presumption
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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