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Philippine Bar review · Question

Practice question: Presumptions in Civil Actions and Proceedings

Multiple Choice Medium

Practice question

A civil presumption favors a party, but that party’s own admitted records supply competent contrary proof. The opponent points to those records rather than calling a redundant new witness. Must the court ignore them solely because the opponent did not produce a new witness?
  1. No; the court assesses the actual evidence meeting the presumption
  2. Yes; existing records cannot rebut anything
  3. Yes; only live testimony may ever meet a presumption
  4. Yes; a presumption survives every documentary record
  5. Only the number of witnesses matters

Legal references

  • AM19-08-15-SC, current Rule130 Section54; Rule131 Sections1–3,5–6; Rule133 Section1: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

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