Practice question
In a civil payment dispute, an applicable disputable presumption initially favors the debtor. The creditor produces competent records meeting the presumption, but the court refuses to examine them and says Section 5 makes the initial inference permanently conclusive. Which is sound?
- The initial civil presumption permanently excludes every contrary record
- Section 5 contemplates responsive evidence, which must be evaluated under the governing law rather than rejected solely because it contradicts the presumption
- Every presumption automatically proves the entire claim
- The creditor's filing automatically establishes fraud
- Civil courts may never weigh records
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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