Practice question
A special governing law expressly prescribes a different effect for the particular civil presumption at issue. Counsel insists Section5’s default must override it because all civil presumptions are identical. Which is correct?
- Section5 expressly preserves cases otherwise provided for by law or the Rules
- The default repeals every specific statutory effect
- The parties may ignore the special law by label
- Only the first pleading determines the effect
- Every civil presumption is conclusive regardless of text
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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