Practice question
Two applicable civil presumptions point to opposite conclusions. After assessing their policy foundations, the court finds one rests on weightier policy considerations. Must the court instead choose whichever party filed first?
- No; Section 5 selects the presumption with the weightier policy foundation
- Yes; filing order always controls
- Yes; only the plaintiff's policy matters
- No; the judge must apply both contradictory outcomes
- Yes; policy considerations are prohibited
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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