Philippine Bar review · Question

Practice question: Factum Probans vs. Factum Probandum

Multiple Choice Hard

Practice question

A claimant must establish that stored stock was destroyed in a flood. Records prove a flood affected the town, but reliable inventory evidence shows the stock had been removed beforehand. The claimant argues the general flood fact conclusively proves the ultimate loss. Which is correct?
  1. The general circumstance does not overcome the missing link and contrary stock-location evidence
  2. Every town-wide flood proves every claimed stock loss
  3. A general event establishes every individual consequence
  4. Only the claim amount matters
  5. Naming a circumstance factum probans excludes contrary proof

Legal references

  • A.M.19-08-15-SC, 2019 amended Rules on Evidence, effective May1,2020, Rules128,130,131 and133: https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf
  • Dela Llana v. Biong, G.R.182356, December4,2013, MAIN: https://lawphil.net/judjuris/juri2013/dec2013/gr_182356_2013.html

Answer this question in flashcards to review your response and continue practicing.