Philippine Bar review · Question

Practice question: Factum Probans vs. Factum Probandum

Multiple Choice Hard

Practice question

A plaintiff identifies contractual notice as the ultimate disputed fact but offers only proof that the defendant once breached a different contract. No logical link to the notice is established. What is the defect?
  1. Every prior breach proves every later notice
  2. The supporting fact does not establish the selected factum probandum
  3. Only the plaintiff’s belief determines the link
  4. All facts about the defendant are equally probative
  5. The legal label removes relevance requirements

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

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