Practice question
In an ordinary civil action, an applicable rebuttable presumption favors one party. No special law alters its procedural effect. The opponent says the rule bars all rebuttal. Is that correct?
- Yes; every civil presumption is conclusive
- Yes; the court must reject responsive evidence
- No; Section 5 calls for going forward with evidence to rebut or meet the presumption
- Yes; a civil presumption automatically becomes a judgment
- No; therefore the presumption can have no effect
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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